Police won't register your complaint
The station refused to file your FIR, or sent you away. What the law says the police must do, how to write to the Superintendent of Police, and how to ask the magistrate to order an investigation.
- ✓For a cognizable offence — one where the police can arrest without a warrant — information given to the officer in charge of a police station must be written down, signed by you, and you get a free copy (Section 173, BNSS).
- ✓If the station refuses, send the substance of your complaint in writing, by post, to the Superintendent of Police of the district (Section 173(4)). Keep the postal receipt.
- ✓If that fails too, you can apply to the magistrate, with an affidavit, to order the police to investigate (Section 175(3)).
What has probably happened
Something happened to you — a theft, a fraud, a threat, an assault, someone you trusted walking off with your money — and you went to the police station. Instead of writing it down, they told you to come back later, to "settle it outside", that it is a "civil matter", that it happened in another station's area, or they simply would not take it.
The law has clear rules for this. Police procedure is now governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the old Code of Criminal Procedure. The offences themselves are in the Bharatiya Nyaya Sanhita, 2023 (BNS).
Two terms matter:
- A cognizable offence is one where the police can arrest without a warrant from a magistrate (Section 2(1)(g), BNSS). Which offences are cognizable is set out in the First Schedule of the BNSS. For these, the police can start investigating on their own.
- A non-cognizable offence is one where they cannot arrest without a warrant (Section 2(1)(o)). For these, they need the magistrate's order to investigate.
The record the police make of information about a cognizable offence is the FIR — the First Information Report.
What the law says the station must do
Under Section 173(1) of the BNSS, information about a cognizable offence can be given to the officer in charge of a police station — usually the SHO (Station House Officer) — whatever the area where the offence happened:
- Orally — then it must be written down, read back to you, and signed by you.
- By electronic communication — then it is taken on record once you sign it within three days.
Under Section 173(2), you must be given a copy of the information as recorded, free of cost.
There is one exception to "record it straight away". For a cognizable offence punishable with three years or more but less than seven years, the SHO may, with the permission of an officer of at least Deputy Superintendent rank, hold a preliminary enquiry of up to 14 days to see whether there is a case (Section 173(3)). Even then, the enquiry has a time limit.
Courts have held that when the information discloses a cognizable offence, registering the FIR is compulsory, not a matter of the officer's choice.
If the offence is non-cognizable, the SHO must enter the substance of your information in a register and refer you to the magistrate (Section 174). Ask for a copy of that entry too.
What to do, step by step
Step 1 — Put it in writing, the same day if you can. A written complaint is much harder to ignore than a spoken one. Set out what happened, when, where, who did it, who saw it, and what you have as proof. Name the offence if you know it. Take two copies to the station. See Police complaint to the SHO: format.
Step 2 — Get an acknowledgement. Hand one copy to the SHO or the duty officer and ask them to stamp or sign your second copy as received, with the date. If they register an FIR, ask for your free copy and note the FIR number. If they will not accept the complaint at all, write down the date, time, and the name or number of the officer you met.
Step 3 — If the station refuses, write to the Superintendent of Police. Under Section 173(4), anyone aggrieved by the station's refusal may send the substance of the information, in writing and by post, to the Superintendent of Police (SP) of the district — in some cities, the Deputy Commissioner of Police for the area. Send your written complaint, with a short covering letter saying the station refused it and when. Use registered post or speed post, and keep the receipt and tracking record. If the SP is satisfied that it discloses a cognizable offence, they must investigate it themselves or direct a subordinate officer to.
Step 4 — If that fails too, apply to the magistrate. Section 173(4) says that if the SP does not act, you may apply to the magistrate. Under Section 175(3), a magistrate can order the police to investigate, after considering your application supported by an affidavit, making such enquiry as they think necessary, and hearing the police. Keep proof of steps 2 and 3 — the magistrate will want to see that you went to the station and then to the SP.
Another route — a complaint directly to the magistrate. Instead of asking for a police investigation, you can make a complaint to the magistrate, who can take cognizance — formally take up the case — on it (Section 210). The magistrate then examines you and your witnesses on oath (Section 223). This is court work; an advocate should handle it.
Timeline and costs
| When | What | Cost |
|---|---|---|
| Day 0 | Written complaint to the SHO, acknowledged copy kept | Complaint drafted with eMunshi: ₹299, with the BNS sections and what to do at the station |
| Day 0 | FIR, if registered — free copy | Free |
| Up to 14 days | Preliminary enquiry, only for offences punishable with three to seven years | — |
| If refused | Complaint to the SP by post | Postage |
| If the SP does not act | Application to the magistrate with an affidavit | The advocate's fee, which they quote before you pay |
The law sets no fixed number of days for the SP to act. If nothing has happened in a few weeks, talk to an advocate about the magistrate.
Documents to keep handy
- Your written complaint, and the copy acknowledged by the station.
- The FIR copy, or the non-cognizable entry, if you got one.
- Notes of each visit: date, time, the officer's name or number, and what they said.
- Your letter to the SP, the postal receipt and tracking record.
- Your evidence: photos, messages, bank records, receipts, medical papers, names of witnesses.
Mistakes that sink people
- Only speaking, never writing. Without a written complaint and an acknowledgement, there is no proof you went.
- Exaggerating. Add nothing that did not happen. Knowingly giving the police false information is itself an offence (Section 217, BNS), and it destroys the true parts.
- Going straight to the magistrate. The law expects the station first, then the SP. Skipping steps can delay you.
- Throwing away the evidence, or waiting weeks before writing anything down.
- Arguing at the station. Stay calm, ask for the acknowledgement, and leave. The next step is on paper.
If a case has already been registered against you, you need an advocate, not a complaint. A 30-minute call with an independent advocate from our panel starts at ₹999.
Questions people ask
Can the police refuse to register an FIR?
For a cognizable offence, Section 173 of the BNSS says the information must be recorded and you must be given a free copy. Courts have held that registering an FIR is compulsory when the information discloses a cognizable offence. For offences punishable with three to seven years, the police may first hold a preliminary enquiry of up to 14 days, with a senior officer's permission (Section 173(3)).
Can I file an FIR at any police station?
Yes. Section 173(1) says information about a cognizable offence can be given to an officer in charge of a police station whatever the area where the offence was committed. It is then sent to the station that has jurisdiction. The station near where it happened is usually quickest.
Can I file the complaint online or by email?
Section 173 allows information to be given by electronic communication, but it is taken on record only once you sign it within three days. Many states run online portals for police complaints; what they accept varies by state. Follow up in person to sign.
The police said it is a civil matter. What now?
Sometimes they are right — a pure money dispute or breach of contract may not be a crime. But if your facts show an offence such as cheating, theft or criminal breach of trust, say so in writing, name the offence, and ask for the information to be recorded. If they still refuse, write to the Superintendent of Police.
What is the difference between an FIR and an NCR?
An FIR (First Information Report) is the record of information about a cognizable offence; the police can then investigate without a magistrate's order. For a non-cognizable offence, the police enter the substance in a register — often called an NCR — and refer you to the magistrate (Section 174). They cannot investigate it without the magistrate's order.
Is a police officer punished for refusing to record a complaint?
For some offences, yes. Under Section 199 of the Bharatiya Nyaya Sanhita, a public servant who fails to record information about certain serious offences against women, including sexual offences and acid attacks, and about trafficking, can be punished with imprisonment of six months to two years and a fine.
I am a woman reporting a sexual offence. Who records it?
For the offences listed in Section 173(1), the information must be recorded by a woman police officer or a woman officer. If the person is disabled, it is recorded at their home or a place of their choice, and videographed.
Police complaint to the SHO: format, the BNS sections, what to attachFormatPolice complaint to SHO — ₹299DocumentUpdated 27 October 2026 · Awaiting review by a panel advocate · General information, not legal advice for your specific matter.