Police Refusing to Register FIR? What to Do – Complete Legal Guide

Refusal by police to register an FIR is one of the most common problems faced by citizens in India.
Despite clear legal provisions, many complainants are turned away from police stations.
This article explains what the law says and what legal steps you can take.

Is Police Legally Bound to Register FIR?

Yes. As per Indian criminal law and Supreme Court guidelines, police are
mandatorily required to register an FIR if the information discloses a cognizable offence.

The Supreme Court in Lalita Kumari vs State of Uttar Pradesh held that registration of FIR
is compulsory and police have no discretion in such cases.

Common Excuses Given by Police

• “This is a civil dispute”
• “Come tomorrow”
• “First compromise with the other party”
• “Jurisdiction issue”

Such excuses have no legal validity when a cognizable offence is made out.

Legal Remedies If Police Refuse to Register FIR

1. Written Complaint to Station House Officer (SHO)

Always submit your complaint in writing and keep a copy.
Demand a receiving stamp or diary number.

2. Zero FIR

Police cannot refuse FIR on the ground of jurisdiction.
A Zero FIR can be registered at any police station and later transferred.

3. Complaint to Superintendent of Police (SP)

Under criminal procedure law, you may send your complaint by post or email to the SP
if the SHO refuses to act.

4. Application Before Magistrate

You can file an application before the Magistrate seeking direction to police
to register FIR and conduct investigation.

Online FIR and Digital Remedies

Many states now allow online police complaints.
Cyber crimes, missing persons, and certain categories of offences
can be reported online through official police portals.

Can Police Be Punished for Refusing FIR?

Yes. Deliberate refusal to register FIR may attract:

• Departmental action
• Contempt of court
• Disciplinary proceedings

Courts have repeatedly held that such refusal amounts to violation of citizens’ rights.

Conclusion

Refusal to register FIR is not just administrative negligence—it is a
serious violation of law.
Citizens should be aware of their rights and must not hesitate to take legal steps.

Law exists to protect you, but you must assert it.

Written By:
Uday Singh, Advocate
Practicing at High Court & District Courts
Prabhari, Uttar Pradesh
Antarrashtriya Manavadhikar Association
This communication is purely informational and compliant with Bar Council of India Rule 36.