What to do if Police Refuse to Register an FIR in India?

Table of Contents

• Introduction
• What is an FIR ?
• Why is an FIR Important ?
• Why do Police refuse to register an FIR ?
• What to do if police refuse to register an FIR ?
• What to do if the Police Station Refuses to Accept the Written Complaint?
• Importance of Filing a written complaint
• Landmark Judgments
• Conclusion

Introduction

If the police refuse to register an FIR despite a complaint disclosing a cognizable offence, the complainant is not left without a remedy. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a procedure for escalating the complaint to senior police authorities and, if necessary, approaching the Magistrate.

Registration of an FIR sets the criminal investigation process in motion and empowers the police to investigate a cognizable offence in accordance with law. This article explains what an FIR is, when the police are required to register one, and the remedies available when the police refuse to register an FIR.

What is an FIR ?

Although FIR (First Information Report) is not explicitly defined under the Cr.P.C or the newly introduced BNSS in general parlance and from Section 175 (erstwhile Section 154 of the Cr.P.C) it can be said that an FIR is the report prepared by the officer in charge of the police station with regard to a cognizable offence. The said information is reduced to writing by such an officer in charge of the police station. FIR is only registered when the allegation reveals commission of a cognizable offence.

Why is an FIR Important ?

Registration of an FIR sets the police machinery in motion and is a crucial first peace of information/record. As a rule of thumb, an FIR is registered in cases which are more serious in nature and affect the society at large. Registration of an FIR grants wide powers to the police authorities such as search, seizure, arrest etc. One of the most important effects of registration of an FIR is the possibility of arrest. Oftentimes this fear is actualized in cases in which the accused does not secure anticipatory bail. FIR also serves as an important peace of paper at the time of granting bail to accused, as it is it is the primary document using which the judge examines the gravity and severity of the offence and, in many cases the gravity of the allegations is sufficient to deny bail to the accused.

Why do Police refuse to register an FIR ?

Although there might be plenty of reasons depending upon the facts of each case for the police authorities to refuse registration of FIR, below is an illustrative list of  some of the common reasons why police officers refuse registration of FIR.

• Allegations do not reveal a cognizable offence.

For an FIR to be registered, it is necessary that the allegations reveal a cognizable offence. If no cognizable offence is revealed by the said allegations, the Police may refuse to register FIR and may in most cases for the satisfaction of the complainant register an NC (Non Cognizable Report) which is registered when the allegations reveal a crime which is “Non-Cognizable” in nature. 

• Allegations made are of Civil Nature.

In many cases, in order to influence the opposite party the complainant uses the criminal justice system as a pressure tactic. The offences which are mostly invoked in such cases include 420 (cheating), 406 criminal breach of trust, 468 forgery, etc. The foregoing offences are used to give a criminal tint to a civil wrong. Many courts are cautious and hence in such cases the investigation agencies and their powers are often used to create pressure upon the Accused.

• Lack of Jurisdiction

So far as the jurisdiction is concerned, the same has to be evaluated on the basis of the area in which the offence is committed. Under the Cr.P.C (erstwhile BNSS) jurisdiction is defined as the ability of a court to try and offence. When the alleged offence has occurred beyond the territorial jurisdiction of the police station, registration of an FIR may be refused.

What to do if police refuse to register an FIR ?

If a complainant still seeks to register and FIR and believes that the offence committed by the alleged accused is cognizable in nature he may proceed to escalate the said matter to the DCP/Superintendent of Police of that particular Zone who may, after considering the allegations either direct the police station to register an FIR or still refuse registration of the said FIR. However, before filing a complaint before a DCP the complainant must first file a written complaint to the said police station and thereafter proceed before the DCP. Having an acknowledgement of the written complaint made to the police station is vital as the same would be important at the subsequent stage where the complaint is to be escalated to the DCP.

What to do if the Police Station Refuses to Accept the Written Complaint?

The dispatch department manages the receipt of complaints and information in written form. The sole work of the said department is to manage the receipt of the information thereafter to give acknowledgement on the said information. In many cases even when the Dispatch Department where the written complaint is received and acknowledged; no subsequent action is initiated. On such refusal it is always better to send the written complaint by post to the said police station. The delivery report of such a written complaint via India Post would be vital for proving the delivery of the said complaint. Once the delivery is proved the same is sufficient to prove a formal complaint to the respective police station.

Importance of Filing a written complaint

A written complaint on which the acknowledgment (receipt) of the police station is obtained goes a long way in proving the fact that the complainant has exhausted his alternative remedies and has no other option but to escalate the matter. A common objection raised by the Magistrates Court at the time of filing a 175(3) of the BNSS (erstwhile section 156 (3) of the Cr.P.C) complaint, is whether the complainant has previously approached the police station and the superintendent of police. An acknowledged copy of the written complaint goes a long way in proving the foregoing fact and is an important exhibit in an application under Section 175(3) of BNSS.

Landmark Judgments

Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1

As per this landmark judgment the Supreme Court has repeatedly reiterated that where the information clearly discloses a cognizable offence, registration of an FIR is ordinarily mandatory. The Court has recognized limited circumstances where a preliminary inquiry may be permissible.

Mrs. Priyanka Srivastava & Others v. State of U.P. SC. 2015 

In the said case the Apex court while expressing its concern towards the large number of frivolous applications for registration of FIR, had laid down that every application under the said section has to be supported by an affidavit duly sworn by the Applicant. The foregoing procedure was laid down by the supreme court to clamp down upon the growing number of frivolous applications under section 156 (3).

Dilawar Singh v. State of Delhi 2007 12 SCC Cri. 330 

In the said judgment the Apex court has stated that the magistrate can order investigation under the said section, while doing so he need not examine the complainant on oath because at this stage he is not taking cognizance of the said offence.

Conclusion

Registration of an FIR is crucial for setting the wheels of criminal justice in motion. When the police refuse to register and FIR, the investigation is never set in motion, and therefore all subsequent procedures, like investigation, Trial, conviction is never manifested. It also has serious consequences for the alleged offender, and as such, there are chances that the said process may be abused by complainants in order to settle their personal scores. However cases such as Mrs. Priyanka Srivastava & Others Vs. State of U.P. SC. 2015 have introduced checks and balances which ensure that the investigation agencies are not needlessly taken for a ride by parties. As complainant, it is very important to exhaust all prior remedies available to the complainant, and while doing so, create a paper trail disclosing essential ingredients of the offence, which is crucial for sustaining an application filed under section 175(3) of the BNSS.