People often complain that police refuse to register an FIR (First Information Report). In this post, I’ll guide you through the legal steps to take when that happens. Though the Indian legal system provides remedies, many citizens are unaware of their rights.
📍 1. Police Refuse to Register Your FIR? Here’s What to Do:
A. Complain to a Senior Officer
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If a police officer refuses your FIR without valid reason:
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Escalate the matter to a Station House Officer (SHO), ACP/DCP, SP, or Police Commissioner.
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B. Approach a Judicial Magistrate
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If senior officers also ignore your complaint:
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File an application under Section 156(3) CrPC before a Judicial Magistrate.
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The court can direct the police to register and investigate your case.
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📍 2. Always Ask for an Acknowledgment Receipt
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If your complaint is accepted, ask for a dated acknowledgment copy.
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If refused, note the officer’s name and badge number.
📍 3. Use Online Complaint Platforms
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Several states allow FIRs or complaints to be submitted online.
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You can also file through the NHRC or State Human Rights Commission websites.
📍 4. When Can Police Legally Refuse an FIR?
✅ Yes, they can refuse:
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If it’s a non-cognizable offense (minor, e.g., cheating or public nuisance).
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If the case falls outside their jurisdiction.
🚫 No, they cannot refuse:
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If it’s a cognizable offense (e.g., murder, rape, assault, riots).
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Supreme Court mandates FIR registration in such cases.
📍 5. Difference Between Cognizable & Non-Cognizable Offenses
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Cognizable Offenses: Serious crimes (murder, rape, theft).
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Police must register FIR and can arrest without a warrant.
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Non-Cognizable Offenses: Minor crimes (cheating, forgery, public nuisance).
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Police cannot arrest without permission and may not file an FIR.
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📍 6. Supreme Court’s Ruling – Lalita Kumari v. UP (2013)
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Supreme Court ruled that:
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FIR must be registered immediately for cognizable offenses.
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If FIR is denied, police must give written reasons.
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⚖️ Legal Remedies If Police Still Refuse
1. File a Writ Petition (Article 226)
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Approach the High Court to compel the police to file the FIR.
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File Contempt of Court if police disobey the court’s orders.
2. Take Criminal Action Against the Officer
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Under Section 166A IPC, refusal to file FIR in serious crimes can lead to:
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2 years’ imprisonment + fine for the erring officer.
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3. Claim Compensation (Article 21)
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If harm was caused due to FIR denial, file a writ petition under Right to Life & Liberty for compensation.
✅ Final Notes
Never stay silent if your FIR is wrongfully rejected. The law empowers you—use it wisely. If you need legal help, don’t hesitate to reach out.
📱 Contact:
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Mobile: 9052900066
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Email: adv.eshivakumar@gmail.com
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