When the police refuse to register a first information report, the law gives the complainant two clear remedies. First, a written complaint to the Superintendent of Police, who may direct that the FIR be registered. Second, if that fails, an application to the magistrate, who can direct an investigation under Section 175(3) BNSS 2023 (formerly Section 156(3) CrPC). Registration of an FIR for a cognizable offence is not a favour the police may grant or withhold at will; Section 173 BNSS 2023 (formerly Section 154 CrPC) makes it a duty.
When this matters
This applies to anyone who has gone to a police station with information of a cognizable offence — theft, cheating, assault, criminal breach of trust, forgery — and been turned away, told to settle the matter, or asked to return later. It also applies where the police registered a case but did nothing, or where they recorded the information informally without giving a copy. The remedy is a paper trail, built step by step, not a fresh verbal request each week.
Where the police action itself has to be challenged, our writ petition practice and the criminal law team work together so the complaint route and the constitutional route are not confused.
What the law requires
- The duty to register. Under Section 173 BNSS 2023, information about a cognizable offence, given orally or in writing, must be reduced to writing, read over to the informant, and signed by the informant, who is entitled to a free copy of the FIR.
- Who must register it. The officer in charge of the police station has the duty. If that officer is unavailable, the information may be given to an officer present, who must record it and forward it. Refusal by a subordinate does not end the duty.
- The written complaint to the Superintendent. If the station refuses, the complainant may send the substance of the information, in writing and by post, to the Superintendent of Police. If the Superintendent is satisfied that a cognizable offence is disclosed, the Superintendent may either investigate the case personally or direct a subordinate officer to investigate.
- The magistrate's direction. Where the police still do not act, the complainant may apply to the magistrate under Section 175(3) BNSS 2023. The magistrate may direct an investigation, and the police must then register the case and investigate. The application is supported by an affidavit that sets out the facts and the steps already taken.
What the document must contain
- A clear chronology of the offence: date, time, place, and what happened.
- Names of the persons informed, with the police station and the date of the visit.
- The reason given by the police for not registering the case, if any.
- The list of earlier complaints made and the response, or the absence of a response.
- A prayer asking for a direction to register the FIR and to investigate.
- A verification or affidavit, where the magistrate requires one.
The application must not be a fresh first complaint; it should show the court what was already done. Courts are slow to direct investigation where the complainant has sat on the matter, so the dates and the prior complaints matter.
Refusal, preliminary enquiry and closure report: three different things
- Refusal to register. The police decline to record the FIR at all. This is the case in which the Superintendent and the magistrate may be approached.
- Preliminary enquiry. For certain categories of information, the police may conduct a limited preliminary enquiry to decide whether a cognizable offence exists, before deciding registration. This is not a refusal, but the complainant should ask for the outcome in writing.
- Closure report. The police registered the case, investigated, and then filed a final report saying no offence was made out. Here the remedy is a protest petition before the magistrate, not an application to register the FIR.
Evidence to preserve
- Your own signed copy of any written complaint, and a copy of the acknowledgment.
- Receipts, postal records, or courier proof for complaints sent to the Superintendent or the police station.
- The diary number, the complaint number, and the name and rank of the officer seen.
- Any written reply from the police, or a note that no reply was received.
- Documents of the underlying dispute, such as agreements, bank records, messages, or medical papers.
Common mistakes
- Calling at the police station repeatedly without a single written complaint on record.
- Not asking for a free copy of the FIR after it is registered. Section 173 BNSS 2023 entitles the informant to it.
- Moving the magistrate with a bare application and no affidavit or proof of the earlier steps.
- Confusing a police refusal with a closure report, and pursuing the wrong remedy.
- Waiting too long: stale complaints invite the argument that the grievance is not genuine.
Sample applications and the format of the complaint to the Superintendent are listed on the criminal law formats page, and you can reach the office to get the written complaint and the Section 175(3) application prepared together.
Common questions
Can the police refuse to register an FIR for a cognizable offence?
No. For a cognizable offence, Section 173 BNSS 2023 makes registration mandatory, and the information must be recorded and read over to the informant. If the station refuses, the remedies against the Superintendent and before the magistrate are available.
How long should I wait before moving the magistrate?
There is no rigid waiting period, but the applicant should first send the written complaint to the Superintendent and allow a reasonable time for a reply. The chronology of those steps should be shown to the magistrate along with the application.
Is the magistrate bound to order an investigation?
No. The magistrate applies its judicial mind to the material and may direct an investigation, or decline if the application is vague or delayed, or if the grievance appears civil in nature. That is why the application must set out the offence and the earlier steps in detail.
Will the police register the case if the magistrate directs it?
Yes. Once the magistrate directs an investigation under Section 175(3) BNSS 2023, the police are required to register the case and investigate it. The order is placed before the police station, and the FIR number should then be obtained.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.