If you report a cognizable offence, such as theft, cheating, assault or threats, the police are generally required to register an FIR. The Supreme Court made this clear in Lalita Kumari v. Government of Uttar Pradesh (2014). Yet complaints are often delayed or refused. The law gives you several remedies.
Your options, step by step
- Give a written complaint at the police station and keep a receiving copy. You can also file an e-FIR or a Zero FIR at any police station, which must then transfer it to the station with jurisdiction (Section 173(1), BNSS).
- Write to the Superintendent of Police / Commissioner of Police if the station refuses (Section 173(4), BNSS). The senior officer can investigate or direct an investigation.
- Apply to the Magistrate under Section 175(3) of the BNSS (formerly Section 156(3) CrPC) for a direction to register the FIR and investigate. The application must be supported by an affidavit and should show that you first approached the senior police officer.
- File a private complaint before the Magistrate under Section 223 of the BNSS, where the court itself examines the complaint and witnesses.
- In appropriate cases, approach the High Court.
Preliminary enquiry
For offences punishable with three to seven years' imprisonment, the police may conduct a short preliminary enquiry, to be completed within 14 days, before deciding whether to register an FIR (Section 173(3), BNSS).
Tips for a strong complaint
- Write the facts in order, with dates, places, amounts and names.
- Attach copies of documents, screenshots and bank records.
- Keep proof of every complaint you submit, including emails and postal receipts.
How we can help
We draft a clear complaint, follow it up with senior officers, and file applications before the Magistrate or High Court so that your complaint is registered and investigated.