What to Do If Police Refuse to Register Your FIR: Legal Remedies & Next Steps

 


In India, registering a First Information Report (FIR) is the mandatory first step when a cognizable offence (serious crimes like cheating, theft, assault, fraud, or cybercrime) is reported to the police. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaced Section 154 CrPC), the police officer in charge of a station must register an FIR if the information discloses a cognizable offence.

Unfortunately, police sometimes refuse to register FIRs due to workload, pressure, jurisdictional confusion, or other reasons. This refusal is illegal and violates your fundamental right to access justice under Articles 14 and 21 of the Constitution.

If police refuse to file a police complaint or register your FIR, you have clear legal remedies. Acting quickly and correctly is crucial — delays can weaken evidence or allow the accused to destroy traces. Professional lawyers for police complaint can guide you through escalation, draft strong applications, and ensure your complaint is taken seriously.

This blog explains the latest remedies (as of 2026) and practical next steps for file a police complaint in Delhi, NCR, Uttar Pradesh, or anywhere in India.

Step 1: Insist on Registration at the Police Station

When you approach the police station:

  • Clearly state it's a cognizable offence (e.g., cheating under Section 318 BNS, fraud, domestic violence).

  • Provide a written complaint with facts, dates, accused details, and evidence (screenshots, bank statements).

  • Demand an FIR be registered and get a stamped receipt/acknowledgement.

If refused:

  • Note the officer's name, badge number, date, and time of refusal.

  • Ask for written reasons (though they often won't provide).

Do not leave without proof of your visit.

Step 2: Escalate to Senior Police Officers (Section 173(3) BNSS)

The first formal remedy:

  • Send the substance of your information in writing by post (registered AD/speed post) to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of the zone/district.

  • Include: Original complaint copy, evidence annexures, details of station refusal.

  • Request FIR registration and investigation.

If the SP is satisfied a cognizable offence exists, they must:

  • Investigate personally, or

  • Direct a subordinate officer to register FIR and investigate.

This step is mandatory in many cases before approaching courts. In Delhi NCR, send to the relevant DCP/SP via post or email (check delhipolice.gov.in).

Step 3: Approach the Judicial Magistrate (Section 175(3) BNSS)

If SP does not act (usually within 7–15 days in practice):

  • File a private complaint before the Judicial Magistrate (First Class or Chief Judicial Magistrate) under Section 175(3) BNSS (earlier 156(3) CrPC).

  • Submit: Affidavit, original complaint, evidence, proof of police refusal/SP complaint.

  • Pray for directions to register FIR and investigate.

The Magistrate, if prima facie satisfied, can:

  • Order police to register FIR and probe, or

  • Take cognizance and proceed (rare).

This is a powerful remedy — Magistrates frequently direct FIR registration when police refuse.

Step 4: File Writ Petition in High Court (Last Resort)

If lower remedies fail:

  • Approach the High Court under Article 226 (writ jurisdiction).

  • File a writ of mandamus directing police to register FIR.

  • Attach all prior complaints, refusals, and evidence.

High Courts (Delhi High Court for Delhi NCR, Allahabad High Court for UP) often direct registration in clear cognizable cases.

Additional Tips & Precautions

  • Use Zero FIR if jurisdictional confusion — file at any station; they must register and transfer.

  • For cyber fraud — file on cybercrime.gov.in first (treated as formal complaint).

  • Preserve all communications/proofs.

  • Avoid delays — limitation periods apply for some offences.

Why Professional Legal Help Is Essential

Police refusal often stems from weak complaints or procedural errors. Lawyers for police complaint ensure:

  • Complaint is drafted with correct sections, facts, and evidence.

  • Proper escalation (SP letter, Magistrate application).

  • Follow-up to force registration.

  • Representation if needed.

Legal help from police lawyers online is convenient — submit details digitally, get drafted complaint/FIR application, and guidance without visiting offices.

Lawchef offers fast, confidential legal help from police lawyers online for file a police complaint in Delhi, NCR, UP, and beyond.

Conclusion: Don’t Accept Refusal — Enforce Your Rights

Police refusal to register FIR is illegal — you have clear remedies under BNSS 2023. Start with senior officers, escalate to Magistrate, and approach High Court if needed.

Act fast to preserve evidence and justice. Don’t face this alone — expert help increases success.

Facing police refusal in Delhi NCR or Uttar Pradesh? Connect with Lawchef today. Submit your case online for lawyers for police complaint and legal help from police lawyers online. We draft powerful complaints, guide escalation, and help get your FIR registered quickly and effectively.

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