Illustration of FIR register in police station in India

What to Do If Police Refuse to Register an FIR

Delhi Law Academy 3 Year LLB, 5 Year LLB, Criminal Law



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What to Do If Police Refuse to Register an FIR

Many people face a common problem after approaching the police —
refusal to register an FIR.
This often leaves citizens confused about their rights and next steps.

Indian law provides clear remedies when police refuse to register an FIR,
especially in cases involving cognizable offences.


When Can Police Refuse to Register an FIR?

Police may refuse to register an FIR when:

  • The complaint does not disclose a cognizable offence
  • The matter appears civil in nature
  • Basic facts are missing or unclear

However, police cannot refuse an FIR
if information clearly discloses a cognizable offence.


First Step: Ask for Written Refusal

If police refuse to register an FIR, politely ask them to:

  • Record your complaint in writing, or
  • Give reasons for refusal

This helps create a record of your attempt to approach the police.


Second Step: Approach Senior Police Officers

If the local police station refuses to register the FIR,
you can approach:

  • Superintendent of Police (SP)
  • Deputy Commissioner of Police (DCP)

A written complaint may be sent by post, email, or in person.
Senior officers have the authority to direct registration of an FIR.


Third Step: Send Written Complaint by Post

You may send a written complaint by registered post
to the Superintendent of Police.

If the SP is satisfied that a cognizable offence is disclosed,
they may:

  • Order registration of FIR, or
  • Direct an investigation

Fourth Step: Approach the Magistrate

If police authorities fail to act,
the law allows you to approach a Judicial Magistrate.

The Magistrate may:

  • Direct police to register an FIR
  • Monitor investigation

This ensures judicial oversight when police inaction persists.


Can You File an FIR Directly in Court?

Courts do not register FIRs directly,
but they can order police action
after examining the complaint.

Judicial intervention is meant to ensure
that lawful complaints are not ignored.


Important Things to Keep in Mind

  • 📌 FIR registration is mandatory for cognizable offences
  • 📌 Jurisdiction is not a valid ground for refusal (Zero FIR applies)
  • 📌 Maintain written records of complaints
  • 📌 Avoid unnecessary delay

Key Takeaway

Police refusal to register an FIR does not end your legal remedy.

The law provides a clear chain of escalation —
senior police officers and courts ensure accountability.


This article is written by the academic team at Delhi Law Academy, Jaipur, for general legal awareness.

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❓ Frequently Asked Questions

💡 Can police legally refuse to register an FIR?

Only if the complaint does not disclose a cognizable offence.

🚓 What if police refuse due to lack of jurisdiction?

They should still register a Zero FIR and transfer it.

📄 Who should I approach after police refusal?

You can approach senior police officers like the SP or DCP.

⚖️ Can a Magistrate order registration of FIR?

Yes. Magistrates have the power to direct police to register an FIR.

⏳ Is there a time limit to complain?

Delay may be examined, but there is no fixed time bar for FIR.

📬 Is written complaint better than oral?

Written complaints help create a clear record and accountability.