Can police refuse to register your FIR? What to do
For a cognizable offence, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) does not leave recording to the officer's discretion: section 173(1) says the information "may be given orally or by electronic communication to an officer in charge of a police station", and oral information "shall be reduced to writing". If a station still refuses, section 173(4) lets you send the substance of the information in writing and by post to the Superintendent of Police, and failing that, apply to the Magistrate.
This guide reads sections 173 to 176 of the BNSS as published in the Gazette of India. It describes the law, not any police station, and promises no outcome.
Five routes at a glance
| Route | What section 173 or 175 says | Limit to note |
|---|---|---|
| Police station, in person | Information on a cognizable offence may be given orally; it "shall be reduced to writing", read over to you and signed by you (s 173(1)(i)). | Applies to cognizable offences. Non-cognizable offences follow section 174. |
| e-FIR (electronic communication) | It "shall be taken on record by him on being signed within three days by the person giving it" (s 173(1)(ii)). | The three-day signature is a condition of taking it on record. |
| Zero FIR (any station) | Information may be given "irrespective of the area where the offence is committed" (s 173(1)). | Zero FIR is a popular name; the section does not use it. |
| Superintendent of Police | If the officer refuses to record, you may send the substance of the information "in writing and by post" (s 173(4)). | The Superintendent acts only "if satisfied" that a cognizable offence is disclosed. |
| Magistrate | "failing which such aggrieved person may make an application to the Magistrate" (s 173(4)); the Magistrate may order an investigation (s 175(3)). | The application is to be supported by an affidavit; the Magistrate first makes such inquiry "as he thinks necessary". |
What the police must do when you report a cognizable offence
A cognizable offence is one where a police officer may, per the BNSS definition, "arrest without warrant" in accordance with the First Schedule or any other law in force (s 2(1)(g)). If the offence is of that kind, section 173 sets the duties.
- Oral report. It "shall be reduced to writing by him or under his direction, and be read over to the informant", and you sign it. The substance is then entered in a book kept by the officer (s 173(1)).
- Electronic report. Electronic communication includes information sent by mobile phone or computer (s 2(1)(i)). The station takes it on record on your signing it within three days (s 173(1)(ii)).
- Any area. The information may be given "irrespective of the area where the offence is committed".
- Free copy. "A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim" (s 173(2)).
- Women reporting listed offences. Where a woman reports an offence under the Bharatiya Nyaya Sanhita sections named in the first proviso, the information "shall be recorded, by a woman police officer or any woman officer".
Preliminary enquiry: the one narrow pause the section allows
Section 173(3) covers a cognizable offence "punishable for three years or more but less than seven years". The officer in charge "may with the prior permission from an officer not below the rank of Deputy Superintendent of Police" either hold a preliminary enquiry "within a period of fourteen days" to see whether a prima facie case exists, or proceed with investigation when one does. The words are "may" and "considering the nature and gravity of the offence", and the text does not extend this step to other offences.
Separately, section 176(1) proviso (b) says that if it appears there is "no sufficient ground for entering on an investigation", the officer "shall not investigate the case", and section 176(2) requires the reasons to be stated in the report and the informant notified. That is a later stage than recording.
What to do if the station will not record it
- Put your report in writing. Date it, state the place, time and persons involved, and sign it. Ask that it be recorded and read over to you.
- Ask for your copy. Section 173(2) says the copy comes "forthwith, free of cost". Note the officer's name and the time you visited, as a practical record.
- If you used electronic communication, go and sign. The record is taken "on being signed within three days", so count the days from your submission.
- Write to the Superintendent of Police. Section 173(4) says "in writing and by post" and lets you send "the substance of such information". Keep the postal receipt. If satisfied that a cognizable offence is disclosed, the Superintendent "shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him". The section sets no deadline for this step.
- Apply to the Magistrate. If that fails, section 173(4) permits an application to the Magistrate. Under section 175(3), a Magistrate empowered under section 210 may, after "considering the application supported by an affidavit" and making such inquiry as he thinks necessary, "order such an investigation". An advocate can help with the affidavit and procedure.
If the matter is a non-cognizable offence, section 174 differs: the officer enters the substance in a book and must "refer the informant to the Magistrate", and "No police officer shall investigate a non-cognizable case without the order of a Magistrate". If the report mixes offences, one cognizable offence makes it a cognizable case (s 174(4)).
Where this connects to other guides
For repeated messages or stalking online, see Being Cyberstalked or Harassed Online? Your Legal Options,. For violence at home, our guide on the Facing Domestic Violence? How a Protection Order Actually Works in India covers the separate civil route. If you are the one being arrested, read Stopped for Drunk Driving? What Actually Happens and What Your Rights Are instead.
Questions people ask
Can the police refuse to register an FIR for a cognizable offence?
Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says information about a cognizable offence may be given orally or by electronic communication to an officer in charge of a police station, and oral information shall be reduced to writing. If the officer refuses, section 173(4) gives you the Superintendent of Police and then the Magistrate.
Can I get a copy of the FIR free of cost?
Yes. Section 173(2) says a copy of the information as recorded shall be given forthwith, free of cost, to the informant or the victim.
Can the police do a preliminary enquiry before registering an FIR?
Only in the narrow case in section 173(3): a cognizable offence punishable for three years or more but less than seven years, with prior permission from an officer not below the rank of Deputy Superintendent of Police, and within a period of fourteen days.
Do I have to go to the station of the area where the offence happened?
Section 173(1) says information on a cognizable offence may be given irrespective of the area where the offence is committed. People call this a zero FIR, a name the section does not use.
Sources
Get this reviewed for your case. General guides don't know your facts. If a station has not recorded your report, Vaksy can connect you with a verified advocate on the platform, in your own language, and you choose who to speak to.