How to File an FIR in India (and What If Police Refuse)

When a person becomes a victim of a crime in India, the first step towards seeking justice is usually filing a First Information Report (FIR). An FIR is the official document through which the police are informed about a cognizable offence, and it triggers the criminal investigation process.

In theory, the process is simple. In practice, many citizens face difficulty at the police station, especially when their complaint is not taken seriously or the police refuse to register an FIR.

Here in The Kanoon Angle we explains how to file an FIR in India and the legal remedies available if the police refuse to do so.

What is an FIR?

An FIR (First Information Report) is the first formal record prepared by the police upon receiving information about the commission of a cognizable offence. A cognizable offence is one in which the police have the authority to register a case, investigate the matter, and arrest the accused without a warrant. Common examples include theft, robbery, murder, rape, kidnapping, and certain cases of cheating and assault.

Once an FIR is registered, the police are legally bound to investigate the offence in accordance with the law. It marks the beginning of the criminal justice process.

Interestingly, the term "FIR" is not expressly defined or even used in the Bharatiya Nagarik Suraksha Sanhita, 2023. Instead, its legal basis is found in Section 173 of the BNSS, which deals with the recording of information relating to the commission of a cognizable offence. Although the law refers to it as the recording of such information, the document is commonly known as an FIR (First Information Report).

How to File an FIR in India

An FIR can be filed in the following ways:

1. By visiting the Police Station

   A person can visit the police station having jurisdiction over the place where the offence was committed and provide information regarding the commission of a cognizable offence to the Officer-in-Charge of the police station.

The information may be given:

• Orally: If the information is given orally, the police officer must reduce it into writing, read it over to the informant to ensure its accuracy, and obtain the informant's signature on the written statement.

• By electronic means: Information may also be provided through electronic means. In such cases, the police officer is required to take the information on record, and the informant must sign the recorded information within three days of submitting it electronically.

Special Procedure for Women and Persons with Disabilities

• If the information relates to the commission or attempted commission of offences such as rape, sexual assault, or voyeurism, it must be recorded by a woman police officer or any woman officer.

• If the informant is temporarily or permanently disabled, the information must be recorded at their residence or any place of their choice, in the presence of an interpreter or special educator, wherever required. It shall be videographed.

  
  

Note- Once an FIR is registered, the police must provide a free copy of the FIR to the person who filed it or to the victim. You do not have to pay anything for it.

What If the Police Refuse to Register an FIR?

2. By sending complaint to Superintendent of Police

   If the police officer refuses to register an FIR, you can send your complaint in writing to the Superintendent of Police by registered post. If the Superintendent of Police is satisfied that the information discloses the commission of a cognizable offence, they may either investigate the case themselves or direct a subordinate police officer to register the FIR and conduct the investigation.

   
   

3. By filing an application to the Magistrate

   If no action is taken even after approaching the Superintendent of Police, you can file an application before the Jurisdictional Magistrate. If the Magistrate is satisfied that a cognizable offence is disclosed, they may direct the police to register the FIR and investigate the matter in accordance with law

   
   

What Information Should You Give to the Police?

When reporting a crime, try to provide the following details to the police:

• Your name, address, and contact details.

• The date, time, and exact place where the incident occurred.

• A clear description of what happened, in the order the events took place.

• The name or description of the accused, if you know them. If you do not know the accused, mention any identifying features or details you remember.

• Names and contact details of any witnesses, if there were any.

• Details of any injury, loss, or damage caused by the incident.

• Any photographs, videos, documents, or other evidence that may help the investigation.

Remember, you are not required to know the legal provisions or use technical language. Simply state the facts truthfully and as clearly as you can. The police are responsible for recording the information in the proper legal format.

Important Legal Principle

For cognizable offences, registration of an FIR is not optional—it is a legal duty of the police. If the information given to the police discloses the commission of a cognizable offence, they must register an FIR. At this initial stage, the police cannot refuse registration on grounds such as “lack of evidence”.

The Constitution Bench of the Supreme Court of India in Lalita Kumari v. Government of Uttar Pradesh has clearly held that registration of FIR is mandatory under Section 154 of the Criminal Procedure Code (CrPC), which is now reflected in Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court reaffirmed that investigation follows registration of FIR, not the other way around.

However, not every communication to the police amounts to an FIR. In Netaji Achyut Shinde (Patil) v. State of Maharashtra (Criminal Appeal No. 121 of 2019), the Apex Court clarified that a mere vague message or telephone call, which does not clearly disclose a cognizable offence, cannot be treated as an FIR.

These rulings together make it clear that while FIR registration is mandatory when an offence is disclosed, the information must also be clear and specific enough to indicate the commission of a cognizable offence.

The Kanoon Angle

Filing an FIR is the first and most important step in the criminal justice system. While the law is clear and citizen-friendly, practical challenges often arise at the ground level.

However, the law also provides strong remedies against police inaction. From approaching senior officers to moving the Magistrate, multiple legal pathways exist to ensure that genuine complaints are not ignored.

Understanding these rights empowers every citizen to act confidently and take the correct legal steps when faced with injustice.

Stay informed. Stay empowered. Follow The Kanoon Angle for your daily dose of law made simple.

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