Register an FIR, or what to do if the police refuse
A plain language guide. Follow the steps in order.
All guides / Police and crime
General information, not legal advice. This guide explains the usual steps in plain words. Every case has its own facts, and the law and the rules change. For a serious matter, speak to a lawyer. If you cannot afford one, you may get one free: call 15100. Last checked November 2026.
A police complaint for a serious offence. The police must write it down. If they refuse, you have four more doors.
What to do, step by step
- Go to any police station. For a serious (cognizable) offence you do not need the station of the area where it happened. The police must register it as a Zero FIR and send it on.
- Tell them what happened, in your own words, orally or in writing. If you speak, they must write it down, read it back to you, and you sign it. You can also send the information electronically, and then you must go and sign it within 3 days.
- Ask for a free copy of the FIR on the spot. It is your right. Check the names, dates and places before you leave.
- If the offence carries 3 years or more but less than 7 years, the police may hold a short preliminary enquiry, up to 14 days, with the permission of an officer of DSP rank. They may not use this to avoid registering a serious offence.
- If the station refuses, send the same complaint in writing by post or email to the Superintendent of Police (SP) or the Commissioner. Keep the postal receipt or the sent email.
- If the SP also does nothing, file an application before the Magistrate asking for an order to register the FIR and investigate. You will need an affidavit and a copy of what you sent to the SP.
- For a minor matter that is not serious (non cognizable), the police note it in a register and send you to the Magistrate. That is normal, it is not a refusal.
Where to go
- Your nearest police station, or the state police website for an online complaint
- Superintendent of Police or Commissioner of Police office
- Court of the Judicial Magistrate of your area
What to carry
- Photo ID
- Any proof: messages, photos, bills, medical papers
- Names and addresses of the people involved and of witnesses
- A written copy of your complaint, with a copy to keep stamped or signed as received
Time limits
- There is no time limit to file an FIR for a serious offence, but delay weakens the case, so go early.
- Police can take up to 14 days for a preliminary enquiry in the limited cases above.
- An electronic complaint must be signed by you within 3 days.
What the law says
- BNSS section 173(1): FIR, Zero FIR, oral or electronic information [old CrPC 154(1)]
- BNSS section 173(2): free copy of the FIR [old CrPC 154(2)]
- BNSS section 173(3): preliminary enquiry, 14 days [new]
- BNSS section 173(4): written complaint to the SP [old CrPC 154(3)]
- BNSS section 175(3): Magistrate orders investigation, with affidavit [old CrPC 156(3)]
- BNSS section 174: non cognizable offences [old CrPC 155]
If it does not work
- Write to the SP and keep proof.
- Apply to the Magistrate under section 175(3).
- If a woman or child is in danger, call 112 right away; the response team can reach you faster than a station visit.
- A writ petition in the High Court is also possible when the police simply will not act. A lawyer can advise.
Free help
- Free legal aid is available to women, children, SC and ST persons, persons in custody and low income families. Call 15100.
Sources
- Bharatiya Nagarik Suraksha Sanhita 2023, section 173 and 175
- Lalita Kumari v. Government of Uttar Pradesh, Supreme Court, 2013
Related
Complain against the police, or custodial violence
Section numbers are from the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS) and other Acts, with the old number in square brackets. For events before 1 July 2024 the old law (CrPC, IPC) applies. Spotted a mistake? Corrections are welcome.