Criminal · 8 min read

How to file an FIR (and what to do if police refuse)

A practical, end-to-end explanation of registering a First Information Report under the BNSS — including remedies under Section 175(3) BNSS if the police decline to register one.

A First Information Report (FIR) is the foundation of a criminal investigation. It is the first written record of a cognizable offence — that is, an offence in which the police can investigate and arrest without prior permission of a Magistrate.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure with effect from 1 July 2024, the registration of an FIR is governed by Section 173. The complainant has clear rights — including a free copy of the FIR — and clear remedies if those rights are denied.

Who this guide helps

Is this for you?

Victims of theft, burglary, assault, fraud, cheating, dowry harassment, sexual offences and similar cognizable offences
Family members of a missing person
Anyone whose written complaint to the police has been ignored

Governing law

Legal basis

Section 173 BNSS — registration of information in cognizable cases
Section 175(3) BNSS — Magistrate's power to direct registration of FIR
Section 176 BNSS — investigation by police officer
Section 193 BNSS — final report (charge sheet) at the close of investigation
Lalita Kumari v. State of UP, (2014) 2 SCC 1 — registration of FIR is mandatory in cognizable cases

Step by step

The procedure

Approach the police station with jurisdiction

Visit the police station within whose territorial limits the offence took place. Where you cannot reach that station immediately, you may lodge a 'zero FIR' at any nearest station — it will then be transferred to the station with jurisdiction.

Provide a written complaint

Carry a clear, signed written complaint with date, time, place, persons involved, sequence of events, and a list of any witnesses. Bring a photocopy for your records, on which the police should affix the diary number and stamp.

Statement and signature

If you give the information orally, the SHO is bound to reduce it to writing and read it back. Sign the recorded statement only after confirming it accurately reflects what you said.

Obtain a free copy of the FIR

The complainant is entitled by law to a free copy of the FIR. Note the FIR number, date, sections invoked, and the name and contact of the investigating officer.

Cooperate with the investigation

Provide documents, witness details and any electronic evidence (CCTV, messages, recordings). Keep originals safe; share copies. Note the dates of every visit or statement at the station.

If the police refuse to register the FIR

Send the same complaint by speed post to the Superintendent of Police / DCP under Section 173(4) BNSS. If still ignored, file an application under Section 175(3) BNSS before the jurisdictional Magistrate seeking a direction to register the FIR. As a further remedy, a writ petition under Article 226 may be considered.

Track investigation and charge sheet

After investigation, the police file a final report (charge sheet) under Section 193 BNSS. As a victim, you may receive a copy and engage counsel to assist the prosecution.

Checklist

Documents to keep ready

Identity & address proof (Aadhaar, passport, etc.)
Written complaint signed by you (and a photocopy)
Any documentary, photographic or electronic evidence
Names and contact details of witnesses
Medical-Legal Certificate (in cases of injury) and treatment records

What to expect

Indicative timeline

Same day: registration of FIR for cognizable offences
Section 175(3) BNSS direction (where police refuse): typically a few weeks
Charge sheet: generally within 60–90 days, depending on offence and complexity

Money matters

Cost components

No fee is payable for registration of an FIR
Counsel fees, where engaged, are agreed in writing
Out-of-pocket expenses: copies, notarisation, courier, court fee on Magistrate's application

Indicative only. Actual outflow depends on the forum, valuation and scope of work.

Avoid these

Common pitfalls

Vague, undated or unsigned complaints — the strongest FIRs are clear and chronological
Naming persons without basis or exaggerating role — weakens credibility at trial
Delay in lodging the FIR without an explanation
Sharing original documents without retaining copies

From the chambers

Practical tips

For non-cognizable offences, the police record an NC entry — court permission is needed before investigation
Always check the sections of law invoked in the FIR — wrong sections can be corrected on application
If you are at risk of immediate harm, mention it expressly so protection can be organised

Questions we hear

Frequently asked

Can an FIR be registered online?

Several states accept e-FIRs for limited categories (e.g., theft, lost articles). For most cognizable offences, attendance at the station is still required.

Can an FIR be cancelled?

An FIR can be quashed by the High Court under Section 528 BNSS (inherent powers) where it is patently false, an abuse of process, or the parties have settled a compoundable offence.

Need help with this matter?

Discuss it in confidence with the chambers.

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This guide is general information, not legal advice. The applicable law and procedure may vary depending on the facts of your matter and amendments enacted from time to time.