It is a situation no one wants to face: you arrive at a police station to report an incident, but the officer in charge refuses to accept your written complaint, refuses to provide a “receiving” (acknowledgement), or declines to register an FIR.
A refusal of FIR registration can feel like a dead end, but knowing your procedural rights under the Bharatiya Nagarik Suraksha Sanhita (BNSS) [formerly the Code of Criminal Procedure (CrPC)] is vital to ensuring the law takes its course.
Steps to follow in case of refusal
If you encounter a refusal of FIR registration, you must take specific steps to create a legally recognised record and hold the authorities accountable.
Step 1: Send your complaint via Speed Post
If an officer refuses your complaint in person, do not engage in a verbal altercation. Instead, immediately create an undeniable paper trail:
- Send the complaint via Speed Post: Address the document to the Station House Officer (SHO) of the concerned police station.
- Keep the Receipt: The postal tracking receipt is your primary evidence, if you decide to later challenge the refusal of FIR registration in Court. It proves that you attempted to report the matter and that the police were officially put on notice.
Step 2: Escalate to Higher Officials
If the local station remains inactive, the law allows you to escalate the matter. Send a copy of the same complaint to higher officials, such as the Superintendent of Police (SP), Deputy Commissioner of Police (DCP), Assistant Commissioner of Police (ACP), Commissioner of Police (CP) etc.
Note: Always include a “Copy to” section at the bottom of your letter, listing these senior officials. This ensures administrative accountability and creates a record that the hierarchy was informed.
Step 3: Utilise Digital Channel (Email)
- The Bharatiya Nyaya Sanhita framework increasingly recognises digital communication as a valid mode of information.
- Official Directory: Use the Police Directory for your district to find the official email IDs of the SHO and DCP.
- Haryana
- Delhi
- The “Sent” Receipt: An email with a timestamp serves as additional corroboration that the complaint was delivered.
- Official Directory: Use the Police Directory for your district to find the official email IDs of the SHO and DCP.
Step 4: Judicial Remedy: Moving the Court
If the police administration continues to remain inactive even after the steps above, the law provides a judicial remedy. You can approach the Magistrate’s Court to seek an order directing the police to take action under:
- Section 175(3) of the BNSS, 2023 (Earlier Section 156(3) of the CrPC)
DISCLAIMER
This article is provided for public awareness and legal literacy only. In accordance with the Bar Council of India (BCI) Rules, this content does not constitute a solicitation of clients or an advertisement for legal services.
Accessing this information does not create an advocate-client relationship. Legal procedures can vary significantly based on the facts of each case. For specific legal assistance, it is recommended to seek independent legal counsel.