The First Information Report (FIR) marks the beginning of a criminal investigation in India. It records information regarding the commission of a cognizable offence and enables the police to initiate investigation. However, many citizens encounter situations where police authorities refuse to register their complaint.
This raises an important legal question — Can police legally refuse to register an FIR?
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces Section 154 of the old Criminal Procedure Code, registration of an FIR is mandatory when the information discloses the commission of a cognizable offence.
Cognizable offences are serious crimes where the police can register a case and begin investigation without prior court approval. Examples include theft, assault, kidnapping, and murder.
The Supreme Court clarified the law in the landmark judgment Lalita Kumari v. Government of Uttar Pradesh (2013).
The Court held that registration of an FIR is mandatory when the information received discloses a cognizable offence. Police officers cannot avoid registering FIRs by conducting unnecessary preliminary inquiries.
Failure to register an FIR in such circumstances may amount to dereliction of duty.
If the police refuse to record your complaint, several legal remedies are available:
Indian law also recognises the concept of Zero FIR. A Zero FIR can be registered at any police station regardless of territorial jurisdiction.
The police station receiving the complaint must record the FIR and later transfer it to the appropriate jurisdictional police station.
This safeguard is especially important in urgent cases such as serious crimes and offences against women.
Legal awareness ensures that citizens understand their rights and hold authorities accountable. Refusal to register FIRs undermines the criminal justice system and weakens the rule of law.
Every citizen should therefore know that police officers are legally bound to register FIRs when a cognizable offence is reported.
Nikhil Chugh is an Indian advocate, legal educator and author based in Panipat, Haryana, and a member of the Supreme Court Bar Association.
Read full profile: Nikhil Chugh – Advocate
You may also read: FIR Under BNSS 2023 – Complete Legal Guide.
If police have refused to register your FIR or you require legal guidance regarding criminal proceedings, seek professional legal consultation immediately.
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