Police Refuse to Register Your Complaint: Step-by-Step Remedies Under the BNSS

Victims of fraud, theft, assault or threats often go to the police station and are turned away, told it is a civil matter, or asked to come back later. Police have a duty to register an FIR when a cognizable offence is disclosed. When they do not, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides steps that a complainant can follow. This guide sets them out in order.

Must the Police Register an FIR?

For cognizable offences, yes. In Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court held that registration of an FIR is mandatory if the information discloses a cognizable offence, and that a preliminary inquiry is allowed only in limited kinds of cases, such as matrimonial and family disputes, commercial offences, medical negligence, corruption cases, and cases with an unexplained delay in reporting. The BNSS carries this forward in Section 173.

Step 1: Go to the Station and Insist on an FIR Give the complaint in writing, with the date, place, facts and names, and keep a copy. Ask for the FIR to be registered and a copy provided. The informant is entitled to a free copy. In Tamil Nadu, police often give a receipt called a Community Service Register (CSR) for petitions. A CSR is not an FIR. If the facts disclose a cognizable offence, such as cheating, theft, assault or criminal intimidation, ask specifically for an FIR.

Step 2: Use Zero FIR or an Electronic Complaint Under Section 173 of the BNSS, you can give information about a cognizable offence at any police station, even if the offence took place elsewhere, and it must be recorded and transferred to the station with jurisdiction. This is called a zero FIR. The BNSS also allows information to be given electronically, and secondary sources say the informant must sign it within three days for it to be registered, so check this against the statute and the police portal.

Step 3: Send a Written Complaint to the Superintendent of Police If the officer in charge refuses to record the information, Section 173(4) allows you to send the substance of it to the Superintendent of Police, or the Commissioner or Deputy Commissioner in a city. If that officer is satisfied that a cognizable offence is disclosed, they must either investigate or direct a subordinate to do so. Send the complaint by registered post or deliver it with an acknowledgement, and keep proof. In Chennai, a complaint can also be made to the Commissioner of Police.

Step 4: Apply to the Magistrate If the Superintendent of Police also does not act, you can apply to the Judicial Magistrate under Section 175(3) of the BNSS, seeking an order that the police register an FIR and investigate. The BNSS adds safeguards compared with the earlier Section 156(3): the application should show that you first approached the Superintendent of Police, with a copy of that complaint, and be supported by an affidavit, and the Magistrate must consider what the police say before making an order. The Supreme Court has noted these new requirements, so an application that skips them can be sent back.

Should You Go Straight to the High Court?

Usually not. Courts expect you to follow the remedies in the statute first, and High Courts have declined to hear petitions where the Magistrate route was not tried. A writ petition may be appropriate only in unusual circumstances, such as repeated refusal combined with a serious threat to life or liberty, and your advocate can judge that.

What Should the Complaint Contain?

A good complaint is clear and complete:

• Your name and contact details, and the accused's details as far as known
• The date, time and place of the incident
• A short account of exactly what happened, in order
• The offence you believe was committed, and the harm suffered
• Documents, such as bank statements, messages, bills, medical records and photographs
• Names of witnesses
• Avoid exaggeration and legal jargon. A plain and truthful account is more effective

What If It Is a Civil Dispute?

The police sometimes say a matter is civil, and sometimes they are right. A simple failure to pay money is civil, but a deliberate fraud, such as taking money with no intention to deliver, can be both. Our guide to cybercrime complaints after online financial fraud covers financial fraud that is clearly a crime. If the claim is really civil, our guide to recovering dues shows the civil remedies.

What Should You Be Careful About?

Do not give a false or inflated complaint, because that can expose you to action. Do not name people you cannot connect to the offence. And keep copies of everything you submit. Time matters, because delay weakens a complaint and evidence is lost.

Getting an FIR registered often needs persistence and the right paper trail. Our Criminal Law practice helps victims who are unable to get their complaints registered, and you can request a consultation. This is general information, and the right step depends on the facts of your case.