How to proceed if police refuse to register an FIR (India)
If information discloses a cognizable offence, registration of an FIR is mandatory; police cannot conduct a preliminary inquiry except in limited categories, and refusal can be challenged through statutory remedies and court directions. The Supreme Court in Lalita Kumari v. Government of U.P. held that FIR registration is mandatory under Section 154 CrPC when a cognizable offence is disclosed, and only a limited preliminary inquiry is permissible to ascertain whether a cognizable offence is disclosed in marginal categories like matrimonial disputes, commercial offences, medical negligence, corruption, or delay-lag cases.
Step-by-step remedies
• Make a written complaint at the police station and insist on a receipt/DD entry; ask for the FIR number if registered. If refused, note the officer’s name, date, and time.
• Escalate under Section 154(3) CrPC to the Superintendent of Police (SP/DCP): send a written complaint by post or email with copies of earlier representations; the SP can order registration and investigation or conduct it themselves.
• Approach the Magistrate under Section 156(3) CrPC: file an application with an affidavit and supporting documents requesting directions to police to register an FIR and conduct a proper investigation; the Magistrate can direct FIR registration and monitor the investigation.
• Alternatively, file a private complaint under Section 200 CrPC: the Magistrate can examine the complainant and witnesses, and proceed under Chapters XV–XVI CrPC; this route is often used if police inaction persists or if 156(3) is declined.
• Avoid rushing to the High Court directly for writ/Section 482 relief; the Supreme Court in Sakiri Vasu advised using the 156(3) route first, so High Courts are not flooded with such petitions.
Practical filing guidance
• Contents: Clearly narrate facts, date/time/place, accused details (if known), offence sections (if possible), and attach evidence (photos, medical reports, messages), witness list, prior complaint copies, and postal proofs.
• Affidavit for 156(3): Many courts require an affidavit with a 156(3) application to ensure bona fides and accountability; annex the 154(3) representation and postal receipts.
• Expectation from Magistrate: The Magistrate must apply mind and pass a speaking order; directions under 156(3) cannot be issued mechanically. If satisfied, the Magistrate may direct registration of FIR and ensure proper investigation, including, where necessary, change of IO and monitoring.
• Timelines and interaction with private complaint: If police delay reports on a 156(3) application, some High Court guidelines suggest proceeding with the Section 200 complaint after statutory periods; simultaneous 156(3) and 200 filings are handled to avoid abuse and delay.
Legal foundation to cite
• Lalita Kumari v. Government of U.P.: Mandatory FIR registration for cognizable offences; limited preliminary inquiry only to determine if a cognizable offence is disclosed.
• Section 154 CrPC: Information in cognizable cases; duty to register; mechanisms for non-cognizable information and investigation thresholds.
• Section 154(3) CrPC: Escalation to SP/DCP upon SHO’s refusal to record information.
• Section 156(3) CrPC: Magistrate’s power to order registration and proper investigation; includes monitoring and ancillary directions.
• Sakiri Vasu v. State of U.P.: Complainants should approach the Magistrate under 156(3) instead of first moving High Courts; Magistrate can ensure registration and proper investigation.
What to prepare before moving the Magistrate
• 154(3) record: Copy of complaint sent to SP/DCP and proof of delivery (postal receipt, tracking, email acknowledgement).
• Evidence bundle: Documents, electronic records (with Section 65B certificate where applicable), medical/legal reports, and witness details.
• Draft application: Clear prayer for direction to register FIR and conduct proper investigation under Section 156(3) CrPC, citing Lalita Kumari and Sakiri Vasu.
• Affidavit: Affirming truthfulness and prior steps taken (police refusal and 154(3) escalation).
If still no action after court directions
• Move the Magistrate again to report non-compliance and seek monitoring, change of IO, or further directions to ensure a fair investigation.
• Consider a private complaint under Section 200 CrPC in parallel or as an alternative, where the Magistrate proceeds with cognizance and process issuance based on complainant evidence.
Special notes
• Police manuals often provide that an aggrieved complainant can send the complaint by post to the SP if the SHO refuses to record the FIR; keep postal and acknowledgement records carefully.
• The Magistrate’s discretion between calling for a Section 202 report and directing 156(3) investigation must reflect application of mind to the facts; courts disapprove mechanical 156(3) orders.
Key takeaway: For refusal to register an FIR in a cognizable case, escalate in writing to the SP under Section 154(3), then seek a judicial direction under Section 156(3); Lalita Kumari makes registration mandatory when a cognizable offence is disclosed, and Magistrates can ensure a proper investigation.