Short answer: If the police station refuses to record your complaint about a cognizable offence, the law gives you two further steps. First, send the substance of your complaint in writing and by post to the Superintendent of Police under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). If that does not lead to an investigation, apply to the Magistrate under Section 175(3), supported by an affidavit, or file a private complaint.
What the law says
Under BNSS Section 173(1), information about a cognizable offence may be given at any police station, orally or electronically, whatever the place where the offence happened. An e-FIR has to be signed by the informant within three days. Once registered, you are entitled to a free copy of the FIR.
For some offences the police have limited room to delay. Section 173(3) allows a preliminary enquiry, within 14 days and with the prior permission of an officer not below the rank of Deputy Superintendent of Police, where the offence is punishable with three years or more but less than seven years. The Supreme Court has noted that this enquiry is meant to test whether a prima facie case exists. Outside that window, a refusal to record information about a cognizable offence is not what the law expects.
Section 173(4) deals with refusal. If the officer in charge refuses to record your information, you may send the substance of it in writing and by post to the Superintendent of Police concerned. The SP may investigate personally or direct a subordinate officer to do so. If that also does not happen, Section 175(3) lets you apply to the Magistrate, who may order an investigation. Our related note on police refusal or delay in registering an FIR covers the reasons stations commonly give.
What to do, in order
- Write a clear complaint. State dates, times, places, what happened, who was involved, any witnesses and documents. Keep it factual; avoid exaggeration, because the same words will be tested later.
- Submit it at the police station and ask for a receipt. If the station will not receive it or register it, note the date, time and name or designation of the officer you met.
- Write to the SP under Section 173(4). Your letter should say that you approached the station, that the complaint was not registered, and enclose a copy of the complaint and supporting documents. Ask that an FIR be registered and investigated.
- Send it by post and keep proof. Use registered or speed post and keep the receipt and tracking record. You may also deliver a copy by hand to the SP office and take a stamped acknowledgment, or send it by the official email, but postal proof is what the section speaks of.
- Wait a reasonable time and follow up in writing. If there is no action, prepare an application to the jurisdictional Magistrate under Section 175(3).
- Support the application with an affidavit. The Magistrate will consider your letter to the SP, may make such enquiry as considered necessary, and will consider the submissions of the police officer before ordering investigation.
The private complaint route
Instead of asking for a police investigation, you can file a private complaint before the Magistrate under BNSS Section 223 (old CrPC Section 200). You and your witnesses are examined, and under the new law the person accused is given an opportunity of being heard before the Magistrate takes cognizance. This route suits disputes where the evidence is mostly documentary and already with you. Where recovery, search or forensic work is needed, a police investigation ordered under Section 175(3) is usually more practical.
Common mistakes
- Approaching the Magistrate without first writing to the SP. The court will look for that step.
- Filing an application without a proper affidavit. Under the old law the Supreme Court, in Priyanka Srivastava v. State of Uttar Pradesh (2015), required affidavits so that applicants take responsibility for what they allege; the BNSS now writes this into Section 175(3).
- Turning a purely civil dispute, such as a simple non-payment, into a criminal complaint. Courts look closely at such complaints.
- Losing the postal receipts, acknowledgments and copies. Keep a simple file in date order.
Common questions
Can I file the FIR at a police station outside the area where the offence happened?
Yes. Section 173(1) allows information to be given at any police station irrespective of jurisdiction. It is then sent to the station that has jurisdiction.
How long should I wait after writing to the SP?
The BNSS does not fix a period. In practice, applicants wait a few weeks while following up in writing, unless the matter is urgent, such as a continuing threat.
Will the Magistrate always order investigation?
No. The Magistrate has discretion and may make an enquiry and hear the police first. A well-documented application helps the court see why investigation is needed.
Can I complain online?
Many states, including Uttar Pradesh, have online complaint portals. An e-FIR must be signed within three days. Keep screenshots and reference numbers.
When to speak to an advocate
Speak to an advocate before you send the SP letter if the facts are complicated, if the other side is likely to file a counter complaint, or if the matter is partly civil. The drafting of the complaint and the affidavit matters, because it fixes your version early.
Sources: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code).
For a confidential discussion about an FIR that has not been registered in Noida, Greater Noida or Delhi NCR, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
