How to file an FIR and what to do if police refuse (Section 173 BNSS)

The Hook

You walk into a police station in Bengaluru or Delhi, heart racing, because your laptop was snatched or someone has been stalking you for a week. You want to file an FIR. The officer behind the desk looks bored. They tell you to just leave a 'complaint' on a plain piece of paper, or worse, they tell you it’s a 'small matter' and you should go home and settle it. You feel like the system just slammed the door in your face. But here is the reality: the law doesn't give them a choice. If a serious crime happened, they must register it. Knowing the difference between a 'complaint' and an 'FIR'—and knowing which section of the law to quote—is your superpower in that station.

What the law actually says

As of July 1, 2024, the old Code of Criminal Procedure (CrPC) has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The rules for filing an FIR are now governed by Section 173 of the BNSS (which corresponds to the old Section 154 of the CrPC).

The Mandatory Registration Rule

Under Section 173(1) of the BNSS, if the information you provide describes a cognizable offence (serious crimes like theft, assault, rape, or kidnapping where police can arrest without a warrant), the police officer is legally obligated to register an FIR. They cannot refuse because the crime happened in another area or because they think you are lying.

The Lalita Kumari Ruling (2014)

Even though the law has changed from CrPC to BNSS, the landmark Supreme Court judgment in Lalita Kumari vs. Govt. of U.P. (2014) remains the gold standard. The Court ruled that registration of an FIR is mandatory under the law if the information discloses the commission of a cognizable offence. No discretion is left with the police officer. If they refuse, they can face disciplinary action.

The New 'Preliminary Enquiry' (Section 173(3))

A significant update in the BNSS is Section 173(3). For offences punishable with 3 to 7 years of imprisonment, the police now have the power to conduct a preliminary enquiry before registering an FIR. This enquiry must be completed within 14 days. They can only do this to see if a 'prima facie' case exists. If they decide not to file an FIR after this enquiry, they must give you a copy of their decision within 3 days.

Zero FIR and E-FIR

• Zero FIR: The proviso to Section 173(1) BNSS explicitly allows you to report a crime at any police station, regardless of where the crime happened. The station must register it, give it the number '0', and then transfer it to the correct station.
• E-FIR: You can now send information about a crime through electronic communication. However, Section 173(1) requires you to visit the station and sign the record within 3 days for it to be officially registered as an FIR.

For more on the basics of police interaction, see our guide on How to file an FIR (and what to do if police refuse).

Step-by-step playbook

Step 1: Prepare your written complaint

Don't just walk in and talk. Verbal statements can be misquoted. Write down your complaint in advance.

• What to include: Date, time, exact location, a clear description of the incident, details of the accused (if known), and details of any witnesses.
• What to bring: Two copies of the complaint (one for them, one for your 'received' stamp), a valid ID (Aadhar or PAN), and any immediate evidence (like screenshots of a Cyber Crime incident or photos of injuries).
• Timeline: Immediate. The law says 'forthwith'.

Step 2: Demand your free copy

Once the FIR is registered, the police are legally required under Section 173(2) BNSS to give you a copy of the FIR immediately, free of cost. Do not leave the station without it. This copy is your proof that the state has officially acknowledged the crime.

Step 3: If the Duty Officer refuses (The 'Soft' Pushback)

If the officer refuses to take your complaint, politely mention Section 173 of the BNSS and the Lalita Kumari judgment. Often, showing that you know the specific section number changes the officer's tone. If they still refuse, ask for the name and designation of the officer refusing you.

Step 4: Escalate to the SP/DCP (Section 173(4) BNSS)

If the local police station (Thana) fails to register the FIR, you have a legal remedy under Section 173(4) of the BNSS.

• What to do: Write your complaint and send it via Registered Post with Acknowledgement Due (AD) to the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of your district.
• The Logic: If the SP is satisfied that a cognizable offence is made out, they will either investigate it themselves or order a subordinate to do it.
• Why Registered Post? The 'Acknowledgement Due' card is your legal proof that the SP received your complaint. This is vital if you need to go to court later.

Step 5: The Judicial Route (Section 175(3) BNSS)

If even the SP/DCP doesn't act, you can approach the nearest Judicial Magistrate. Under Section 175(3) of the BNSS (formerly 156(3) CrPC), the Magistrate has the power to order the police to register an FIR and investigate the matter.

• What to do: You will need a lawyer to file an application before the Magistrate. You must show proof that you first tried the Police Station (Step 3) and the SP (Step 4).
• Timeline: Depending on the court's backlog, the Magistrate may pass an order within a few days to a few weeks.

Step 6: Use RTI to track progress

If the FIR is filed but nothing is happening, you can use the Right to Information Act to ask for the 'Daily Progress Report' of your case. For more on this, check out how to File an RTI online.

Step 7: Check the Status Online

Most states (like Delhi, Maharashtra, or Tamil Nadu) allow you to check the status of your FIR online through the State Police Portal. You will need the FIR number and the year of registration.

For more resources on navigating the Indian legal system, you can Browse all civic-action guides.

Where it usually breaks

Even with the law on your side, the "system" has built-in friction. Here is how the police might try to dodge an FIR and how you can push back:

1. The "NC" (Non-Cognizable) Trap: The officer might tell you, "We’ve noted it down in the diary, here is your copy." Check that paper. If it says "NC Report" or "Non-Cognizable," the police will not investigate unless a Magistrate orders them to. If your phone was stolen (theft) or you were physically hit (assault), these are cognizable. Workaround: Politely quote Section 173(1) BNSS and state that since the offence is cognizable, an FIR is mandatory.
2. The "Jurisdiction" Excuse: They might say, "This happened in the market across the main road; that’s under the other station’s limits." Workaround: Mention "Zero FIR." Tell them that under the proviso to Section 173(1) BNSS, they are legally bound to register the information regardless of where the crime took place. They can transfer it to the correct station later.
3. Abuse of the "Preliminary Enquiry" (Section 173(3)): This is the new BNSS loophole. For crimes punishable by 3 to 7 years, police can take 14 days to "enquire" before filing the FIR. They might use this to pressure you into a "compromise." Workaround: If the crime involves a punishment of more than 7 years (like robbery or serious sexual assault), this 14-day window does not apply. If it is a 3-7 year offence, demand a "receipt of information" and follow up on day 15.
4. The "Missing Person" vs "Kidnapping" Shuffle: If a minor is missing, police often try to file a "Missing Person" report instead of a Kidnapping FIR. Workaround: The Supreme Court in the Bachpan Bachao Andolan vs. Union of India case made it clear that if a minor is missing, a kidnapping FIR must be registered immediately.

Templates / script

Script: Talking to the Duty Officer

You: "Namaste. I am here to report a [theft/assault/harassment] that happened at [Location] at [Time]. I have a written complaint ready." Officer: "Just leave the paper here, we will look into it." You: "Sir/Ma'am, this is a cognizable offence. I would like an FIR registered under Section 173 of the BNSS. I also need my free copy as per Section 173(2) BNSS." Officer: "Go to the other station, this isn't our area." You: "Under the BNSS, you can register a Zero FIR and then transfer it. I’d prefer to file it here now."

Template: Complaint to the SP/DCP (if the station refuses)

If the station refuses, do not argue. Leave and send this via Registered Post AD (Acknowledge Due) to the Superintendent of Police (SP) or DCP of your district.

To, The Superintendent of Police / DCP, [District Name], [City]

Date: [Current Date] Subject: Complaint regarding refusal to register FIR under Section 173(4) of the BNSS.

Sir/Madam, I am writing to inform you that on [Date], I approached the [Name of Police Station] to report a cognizable offence involving [briefly mention the crime, e.g., snatching of my bag]. The Duty Officer, [Name/Description], refused to register an FIR despite my written complaint.

The details of the incident are:

1. Date/Time: [Insert]
2. Location: [Insert]
3. Description: [2-3 sentences max]

Under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), I am submitting this information to you. I request you to either investigate the matter yourself or direct the registration of an FIR and an investigation by the concerned station.

Sincerely, [Your Name] [Your Phone Number] [Your Address]

FAQs

1. Does it cost money to file an FIR? No. Filing an FIR is absolutely free. Under Section 173(2) of the BNSS, the police are legally required to give you a copy of the FIR immediately, free of cost. If an officer asks for "station expenses" or "petrol money," it is a bribe. You can report this to the State Vigilance Commission or the Anti-Corruption Bureau.

2. Can I file an FIR if I don't know who committed the crime? Yes. You can file an FIR against "Unknown Persons." The purpose of the FIR is to set the criminal law in motion so the police can find out who did it. You do not need to be a detective before you walk into the station.

3. What is an E-FIR and is it valid? Under Section 173(1) of the BNSS, you can send information about a crime electronically (email or portal). However, to make it a formal FIR, you must visit the police station and sign it within 3 days. If you don't sign it within that window, the electronic communication will not be treated as an official FIR.

4. What if the SP also refuses to act on my complaint? If the SP/DCP doesn't act, your next step is to approach the Judicial Magistrate. Under Section 175(3) of the BNSS (the equivalent of the old 156(3) CrPC), the Magistrate can order the police to register the FIR and investigate. You will usually need a lawyer for this step.

5. Can the police refuse my FIR because I waited too long to report it? No. While you should report crimes as soon as possible, "delay" is not a legal ground for refusing to register an FIR. The police must record the FIR and can mention the reason for the delay in the investigation report.

6. What is the 14-day "Preliminary Enquiry" rule in BNSS? Under Section 173(3) BNSS, for crimes where the punishment is between 3 and 7 years, the police may conduct a preliminary enquiry to see if a case exists. They must finish this within 14 days. However, for serious crimes (punishment >7 years), they must register the FIR immediately without any enquiry.