You walk into a police station with a genuine complaint. You expect help. Instead, the officer says, “This is not an FIR matter.” Or worse: “Come tomorrow.”
For lakhs of Indians, this is not a rare experience; it’s routine. From thefts and frauds to domestic violence, cheating, and cybercrime, people are often turned away by police without even recording their complaint.
Here’s the truth most people don’t know: Police refusing to file an FIR is not just wrong; it is illegal.
Indian law gives you clear remedies if the police refuse to register your FIR. You don’t need political pressure. You don’t need contacts. You need the right legal steps.
This guide explains exactly what to do if police refuse to file your FIR in India, in simple language, step by step.
First: When is the police legally bound to file an FIR?
Under Section 154 of the Criminal Procedure Code (CrPC), police must register an FIR if the information given discloses a cognizable offence.
Cognizable offences include:
- Theft, robbery, burglary
- Cheating, fraud, breach of trust
- Domestic violence, dowry harassment
- Assault, criminal intimidation
- Cyber fraud, online scams
- Sexual offences
Important: The police do not have discretion here; if the offense is cognizable, FIR registration is mandatory.
Common Excuses Police Use (And Why They’re Wrong)
Let’s clear some myths that police often use to avoid work:
- “This is a civil matter.” Even civil disputes can involve criminal elements like cheating.
- “We need an inquiry first.” Preliminary inquiry is allowed only in limited cases.
- “Jurisdiction issue.” FIR can be registered and transferred later.
- “No evidence.” FIR is about information, not proof.
The Supreme Court has clearly established that police officers cannot assume a judicial role when filing a First Information Report (FIR).
Step 1: Give Your Complaint in Writing (Always)
If the police refuse to take your complaint orally, immediately submit it in writing.
Your written complaint should include:
- Date, time, and place of incident
- Names/descriptions of accused (if known)
- What exactly happened (facts only)
- Relevant documents or screenshots
Ask the duty officer to put a receiving stamp on your copy. This becomes evidence later.
Step 2: Send a complaint to the Superintendent of Police (SP)
If the police station still refuses, the law gives you a direct remedy.
Under Section 154(3) CrPC, you can send your complaint to the Superintendent of Police (SP) or Deputy Commissioner of Police.
You can:
- Send it by registered post/speed post
- Email it to the official police email address.
- Submit it personally at the SP office
If the SP finds your complaint genuine, he can direct registration of an FIR and initiate action against the officer who refused.
Step 3: File an Application Before the Magistrate (Most Powerful Remedy)
This is where the law becomes very strong in your favour.
Under Section 156(3) CrPC, you can approach the Judicial Magistrate directly.
The Magistrate has the power to:
- Order the police to register the FIR
- Monitor investigation
- Call for an explanation from the police
Once a Magistrate passes an order, police have no choice but to comply.
This remedy works even when police completely ignore you.
Step 4: Use Online FIR & Cybercrime Portals
In many cases, especially cyber offences, you don’t even need to visit the police station.
For Cyber Crimes
File a complaint at: https://cybercrime.gov.in
Complaints filed here are legally recognised and forwarded to the concerned police station.
For State Online FIR Portals
Many states, like Delhi, Haryana, and Maharashtra, allow online FIR registration for:
- Theft
- Lost documents
- Vehicle theft
Online records also help if police later deny receiving your complaint.
Step 5: File a Complaint Against the Police Officer
If refusal is deliberate or abusive, you can take action against the officer.
Available options:
- Complaint to SP / Commissioner
- State Police Complaint Authority
- Human Rights Commission (in serious cases)
- Departmental inquiry request
Police officers are not above the law. Courts have repeatedly punished illegal refusal to register an FIR.
Important Supreme Court Judgment You Should Know
In Lalita Kumari v. Govt. of U.P. (2013), the Supreme Court clearly held:
Registration of FIR is mandatory if the information discloses a cognizable offence.
Failure to register FIR can invite disciplinary action against the police officer.
Common Mistakes People Make (Avoid These)
- Arguing emotionally instead of following legal steps
- Not keeping written proof
- Delaying the complaint, hoping the police will act
- Not approaching the Magistrate due to fear
Law rewards those who act correctly, not those who wait.
Don’t Beg for FIR, Demand It Legally
Police stations are public offices, not favour-granting centres.
If police refuse to file your FIR:
- Stay calm
- Put everything in writing
- Use SP & Magistrate remedies
- Document every step
The law is clear; use it with confidence.
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Disclaimer:
This article is published for general legal awareness and informational purposes only, and should not be construed as legal advice or a solicitation to act.
About the Author:
Joginder Poswal is an advocate enrolled with the Bar and practicing law, specializing in cyber law, criminal law, and corporate compliance.
For more information, please refer to the contact details provided on this website.