Overview
For cognizable offences, police are duty-bound to register an FIR. Refusal, undue delay, or improper routing to a "general diary" entry without registration may be challenged through supervisory and judicial remedies.
Who does this apply to?
This guide applies to residents of India facing the process described above — including first-time filers, respondents, and anyone comparing DIY steps with professional legal help.
Step-by-step
1Confirm the offence is cognizable
Review whether facts disclose a cognizable offence. If the issue is purely civil, police may legitimately direct you elsewhere—but cannot refuse a valid cognizable complaint.
2Request written reasons and escalate locally
Politely insist on registration and note officer name, time, and response. Submit a written complaint copy to the Station House Officer or Superintendent of Police.
3File a complaint before the magistrate
Section 156(3) or private complaint procedures enable judicial direction for registration and investigation where appropriate. An advocate helps draft and list the application.
4Consider Zero FIR at another station
If jurisdictional confusion is the excuse, register Zero FIR at any station for transfer to the correct jurisdiction rather than accepting outright refusal.
5Approach High Court if fundamental rights violated
In persistent or high-stakes denial, writ jurisdiction may compel registration or investigation—typically after exhausting or alongside magistrate remedies.
6Preserve evidence and avoid retaliation
Continue documenting harm, witnesses, and medical or digital proof. Avoid confrontations at the station; use lawful channels and legal representation.
Common mistakes
- Leaving the station without any written acknowledgment of visit
- Verbally arguing without later written follow-up to superiors
- Filing exaggerated parallel complaints that undermine credibility
- Publishing unverified allegations that complicate investigation
- Delaying magistrate remedies while evidence deteriorates