Police refusing to register FIR? What to do — Zero FIR, SP complaint, Magistrate (BNSS)
Step-by-step guidance when a police station will not write your FIR in India: your right under Section 173 BNSS (old Section 154 CrPC), Zero FIR and e-FIR, a written complaint to the Superintendent of Police under Section 173(4) (old 154(3)), and an application to the Magistrate under Section 175(3) (old 156(3)). Educational only — not legal advice.
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Your basic right: an FIR for a cognizable offence
If the information you give discloses a cognizable offence (serious offences where police can arrest without a warrant — e.g. theft, assault causing hurt, cheating, sexual offences), the police must register an FIR. The Supreme Court’s Constitution Bench said so in Lalita Kumari v. Govt. of U.P. (2013). Since 1 July 2024 this duty is in Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 of the CrPC. You are entitled to a free copy of the FIR (Section 173(2)). One exception: for offences punishable with 3 years or more but less than 7 years, the officer may, with a DSP’s permission, hold a preliminary enquiry for up to 14 days before deciding (Section 173(3)). For non-cognizable matters, police record the information and refer you to the Magistrate (Section 174, old 155).
Step 1 — Give a written complaint and keep proof
Write a short, signed complaint with dates, places, names and what happened. Ask for a stamped receipt on your copy and note the officer’s name and the time. If the station refuses, send the same complaint to the Station House Officer by Speed Post / Registered Post and keep the receipt and tracking. Many states also let you file an online complaint on the state police or CCTNS citizen portal — save the acknowledgement number. In an emergency, call 112 first.
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Write in Hindi or English · general guidance, not legal advice
Zero FIR and e-FIR — any police station, even online
Under Section 173(1) BNSS, information about a cognizable offence can be given at any police station irrespective of where the offence happened — this is the ‘Zero FIR’. The station must register it and transfer it to the station that has jurisdiction. Information can also be given by electronic communication (e-FIR); it is taken on record once you sign it within three days. For certain offences against women, the statement is to be recorded by a woman police officer, and a woman who is temporarily or permanently disabled can have it recorded at her residence or a convenient place.
Step 2 — Write to the Superintendent of Police (Section 173(4), old 154(3))
If the station still refuses, send the substance of your information in writing and by post to the Superintendent of Police (in commissionerate cities, the DCP / Commissioner). If satisfied that a cognizable offence is disclosed, the SP must investigate personally or direct a subordinate officer to investigate. Attach a copy of your earlier complaint and proof of refusal, send by Speed Post / Registered Post, and keep the tracking record. Under the BNSS this step is a precondition for the next one.
Step 3 — Application to the Magistrate (Section 175(3), old 156(3))
If the SP also does not act, you can apply to the jurisdictional Magistrate to order an investigation. Under the BNSS the application must be supported by an affidavit and should show that you approached the SP under Section 173(4); the Magistrate may make an enquiry and must consider the police officer’s submissions before ordering investigation (the Supreme Court discussed these changes in Om Prakash Ambadkar v. State of Maharashtra, 2025). Another route is a private complaint case before the Magistrate under Section 223 BNSS (old Section 200 CrPC). An advocate can help you choose.
When refusal is itself an offence
A police officer who fails to record information about certain serious offences — including rape and other sexual offences, acid attack, and trafficking — commits an offence under Section 199(c) of the Bharatiya Nyaya Sanhita (old Section 166A(c) IPC), punishable with rigorous imprisonment of 6 months to 2 years and fine. You can also complain to senior officers, the State Human Rights Commission, or a Police Complaints Authority where one is working.
What to write in your complaint
Facts in date order; exact place and time; names or descriptions of the accused; witnesses; injuries and medical papers; documents, screenshots or bank records; and what loss you suffered. You do not have to quote section numbers — that is the police’s job. Stick to facts: giving false information to police is itself an offence.
After the FIR is registered
Keep your FIR number and copy. Under Section 193(3) BNSS, police are to inform the informant or victim of the progress of investigation within 90 days, including by electronic means. If you are worried about delay, a written reminder to the SHO/SP usually helps build a record.
How Adhiwakta can help
Adhiwakta is a facilitation platform, not a law firm. We do not file FIRs or pressure police stations and cannot guarantee any registration or result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts.
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Frequently asked questions
- Can the police refuse to register my FIR?
- If your information discloses a cognizable offence, the police must register an FIR (Lalita Kumari v. Govt. of U.P., 2013; Section 173 BNSS). Only for offences punishable with 3 to under 7 years may they first hold a preliminary enquiry of up to 14 days with a DSP’s permission.
- What is a Zero FIR?
- A Zero FIR is an FIR registered at any police station regardless of where the offence happened. Section 173(1) BNSS allows this; the station must then transfer it to the police station that has jurisdiction.
- What if the SP also does not act on my complaint?
- You can apply to the Magistrate under Section 175(3) BNSS (old 156(3) CrPC) with an affidavit, showing that you approached the SP under Section 173(4). You may also file a private complaint under Section 223 BNSS. An advocate can help choose the route.
- Will Adhiwakta file the FIR for me?
- No. Adhiwakta is a facilitation platform, not a law firm. We do not file FIRs or contact police for you and cannot guarantee any outcome. You can Ask Adhiwakta for general guidance from an independent advocate.
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