Your rights
Can police refuse to file my FIR?
Short answer
No. Police cannot refuse to register an FIR for a cognizable offence.
Understanding the issue
It is mandatory for police to register an FIR when you report a cognizable offence. If they refuse, you can: (1) Send a written complaint to the Superintendent of Police, (2) Send it by registered post — the SP must investigate, (3) File a complaint with the Magistrate under BNSS Section 175(3), (4) File a complaint with the State Human Rights Commission. Zero FIR means you can file FIR at ANY police station regardless of jurisdiction.
Laws that apply
- BNSS Section 173 — Information in cognizable cases (FIR)
- BNSS Section 175(3) — Magistrate's power to order investigation
- Lalita Kumari v. State of UP (2014) — FIR is mandatory for cognizable offences