What to Do If Police Refuse to Register an FIR in India (Updated 2026)

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Introduction


Filing an FIR (First Information Report) is a fundamental right of every citizen in India when a cognizable offense occurs. Yet, there are instances when police refuse to register an FIR, causing confusion and frustration. This guide explains your legal rights and remedies, incorporating both the traditional CrPC framework and the updated provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Following these steps ensures that your complaint is legally recognized and acted upon.


> See (How to File an FIR in India : Step-by-step Guide ) for a detailed FIR format.



1. Know Your Rights


Under Section 173(1) of BNSS, a police officer must register information about a cognizable offense if the report discloses a prima-facie case. Key points include:


* Zero FIR: Citizens can register an FIR at any police station, regardless of the jurisdiction of the crime.

* Copy of FIR: Complainants are entitled to a free copy of the FIR immediately.

* Electronic filing: E-FIR facilities are available in many areas to ensure accessibility.


Police refusal without legal justification is a violation of your rights.



2. When Police Refusal Is Illegal


Police cannot refuse to register an FIR simply because:


* They believe the matter is minor

* The complainant is unknown to them

* They prefer preliminary inquiry without lawful authorization


Exceptions: For certain offenses punishable with 3–7 years, BNSS allows a brief preliminary inquiry (maximum 14 days) to confirm whether the information amounts to a cognizable offense, but this cannot delay FIR registration unlawfully.



3. Steps to Take If FIR Is Refused


Step 1: Document Everything

* Note the date, time, officer’s name, badge number

* Request a written acknowledgment of refusal

* Keep copies of all communications


Step 2: Approach Senior Police Authorities

* Submit a formal complaint to the Superintendent of Police or Commissioner

* Attach your original FIR request and refusal acknowledgment

* Authorities are empowered to instruct the station to register the FIR


Step 3: Approach the Magistrate

* File a private complaint under Section 175(3) BNSS if police still refuse

* The Magistrate can direct the police to register and investigate

* Keep all documentation ready to support your claim


Step 4: Constitutional Remedies

* Persistent refusal can be challenged under Articles 32 or 226

* You may approach the High Court or Supreme Court to protect your fundamental rights



4. Accountability of Police Officers


BNSS provides that any public servant who willfully refuses to register an FIR without lawful justification may be subject to penalties including fine and imprisonment. Citizens have legal recourse to ensure compliance.



5. Practical Tips for Citizens


* Use Zero FIR if jurisdiction is unclear

* Always request written acknowledgment

* Escalate the matter within the police hierarchy first

* Keep records of all communication for accountability



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Author: Dr. Anu Yadav, Advocate and former head of CBSE-affiliated schools


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