Law and justice explained
Where Can You Complain If the Police Do Not Register an FIR?
If a police station refuses to record information about a cognizable offence, a written complaint may be sent to the Superintendent of Police under Section 173(4) of the BNSS. An application before the competent Magistrate may also be available as a further step.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- If a police station refuses to record information about a cognizable offence, a written complaint may be sent to the Superintendent of Police under Section 173(4) of the BNSS.
- An application before the competent Magistrate may also be available as a further step.Clearly state the incident, date, place and available evidence in the complaint.
- Not every private dispute automatically amounts to an offence for which an FIR can be registered.
Detailed analysis
Understanding law and procedure
If a police station refuses to record information about a cognizable offence, a written complaint may be sent to the Superintendent of Police under Section 173(4) of the BNSS. An application before the competent Magistrate may also be available as a further step.
Clearly state the incident, date, place and available evidence in the complaint. Not every private dispute automatically amounts to an offence for which an FIR can be registered. In some cases punishable with imprisonment of three years or more but less than seven years, a preliminary inquiry may be possible subject to the conditions prescribed by law. It is therefore important to understand the difference between merely submitting a complaint and an FIR being registered.
What should you do now?
- Keep a copy of the complaint submitted at the police station and proof of its receipt.
- Send a complaint to the SP with the facts and documents, and keep the postal receipt or any other available acknowledgment.
- If no action is taken, check the requirements for an application under Section 175(3), an affidavit and jurisdiction.
Which documents should you keep?
Details of the incident, the complaint, acknowledgment, photographs, medical records and information about witnesses.
Avoid this mistake
Adding to the facts or citing incorrect sections to make a complaint appear stronger may backfire.
A hypothetical example
After a complaint about an assault, only a diary receipt was issued. First ask whether an FIR has been registered and request a copy. If the police refuse to record information about a cognizable offence, attach the acknowledgment for the initial application to the further representation.
Does an online complaint always count as an FIR?
No. A complaint number and an FIR number may be different; check the status of the document that was recorded.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.