What is an FIR and Why is it Important?

FIR refers to First Information Report. It is essentially the beginning of any police inquiry into a cognizable offense like theft, assault, fraud, or more grave offenses such as murder or rape. According to Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023, the police are lawfully obliged to note down your complaint if it is with respect to a cognizable offense. Filing an FIR initiates the formal process. It makes your complaint recorded, secures evidence, and keeps the police responsible. Investigations may halt without it, and justice get lost. But what if police refuse to file your FIR? Sadly, this occurs more frequently than it should, therefore, being aware of your rights under law is important.

Why Police Refuse to File an FIR at Times?

Police may deny to register an FIR for excuses like:

·      Jurisdiction problem: They say that the crime did not occur in their jurisdiction.

·      Not a cognizable offense: If it's a less serious issue, they may declare it not severe matter for an FIR. (require magistrate’s order)

·      No evidence: They demand for evidence before registering, but that's not the process since the FIR is the first step.

·      Bias or pressure: At times political pressures or prejudices come into a play.

Yet, not registering an FIR for a cognizable offence is a contravention of Section 173 of BNSS 2023, as well as your basic right to avail justice. Even in Lalita Kumari v. State of Uttar Pradesh (2014)[1], it was held by the Supreme Court of India that FIR registration is obligatory under Section 154 of CrPC (now Section 173 of BNSS) if information reveals a cognizable offence.

Your Legal Rights When Police Won't File an FIR

Article 21 protects your right to life and liberty, including availability of justice. If police don't, they're breaching this. Even under new criminal laws from July 2024, there is greater focus on early FIR registration, including zero FIRs (filing at any police station, irrespective of jurisdiction).

Legal Recourse When Police Won't Register an FIR

1.    Refer to the Superintendent of Police (SP)

·      Visit the Superintendent of Police (SP) or Deputy Commissioner of your district. You may make a written complaint through registered post, email, or personally.

·      Describe of all the information of your initial complaint and the rejection. Reference to Section 173 of BNSS to indicate that you are familiar with this.

·      The SP may personally probe the case or authorize another officer to do so.

2.    Register a Complaint to the Judicial Magistrate

·      If even the SP does not take action, you may approach and complain to a Judicial Magistrate under Section 175(3) BNSS. The Magistrate may direct the police to register the FIR and initiate the investigation.

·      You can make a written complaint to the court of magistrate. This must be done without causing any delay.

·      This is a viable legal remedy, since the Magistrate’s ruling is binding.

3.    Register a Grievance with the National or State Human Rights Commission

·      In case of involvement of police misconduct, harassment, or infringement of rights while refusing, you can approach your respective State Human Rights Commission (SHRC) or National Human Rights Commission (NHRC).

·      They may enquire and suggest prompt action against the offending officers.

4.    Utilize Online Resources and Helplines

·      Various states in India permit online FIR registration with help of official police websites or mobile apps.

·      If your police station denies to accept your FIR personally, you may use this online way as it leaves a record of your attempt to file the crime report.

5.    Approach Higher Authorities or Courts

·      In case of corruption or malpractice, approach the Vigilance Department or invoke the Right to Information (RTI) Act to obtain information about why your FIR was not accepted.

·      If everything else fails, you may go to the respective High Court under Article 226 of the Constitution. The court can direct the police to file the FIR and take necessary steps to ensure that your fundamental rights are safeguarded.

6.    Pointers to Make the Process Easier

·      Always maintain a written version of your complaint.

·      Record the name and badge number of the officer who rejected.

·      Collect evidences like photos, witnesses, medical reports and anything that supports your case.

·      Employ email, registered post, or online complaint avenues to build proof.

Know Your Rights, Take Action

Refusal to register an FIR can be deeply frustrating, especially when you’re seeking justice. But remember you are not helpless. The law provides clear, step-by-step remedies to ensure that your complaint is heard and investigated. Don’t forget, FIR is not a favour, rather it is your fundamental right as a citizen. Understanding your rights and the right legal procedure can be the difference between justice and injustice.

At SolvLegal, our mission is to empower individuals with legal awareness and accessible remedies. If you’re facing police inaction or need help with FIR filing, escalation, or legal representation, our legal experts can guide you through every step professionally and confidently.

[1] Lalita Kumari v Government of Uttar Pradesh & Ors, AIR 2014 SC 187.