📚Civic Action

How to track a neglected criminal case using RTI and BNSS

When a serious case goes cold or is ignored by the media, you can use legal tools like RTI and the BNSS to demand accountability from the police and ensure justice.

HowToHelp Editorial
11 min read
#BNSS 193#track FIR status India#RTI for police investigation#Section 175 BNSS#neglected criminal case India#justice for victim#CCTNS portal#police accountability India

1. The "Ghost Case" Reality

You see a news snippet about a horrific crime in a nearby district. A week later, there is no follow-up. No arrests, no chargesheet, just silence. You check local social media threads and see people claiming the accused is "well-connected" or that the police are being "managed." It feels like the system is hitting the delete button on the victim. Posting a "Justice for..." story on Instagram is a start, but if you want to actually move the needle, you need to use the legal levers designed to stop cases from being buried. When a case goes quiet, it is usually because the public stopped looking. This playbook is about how you, as a concerned citizen or a friend of the victim, can force the system to keep its eyes open.

2. What the law actually says

Since July 1, 2024, the old Code of Criminal Procedure (CrPC) has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS). If the crime happened after this date, the new rules apply. If it happened before, the CrPC still governs the procedure, but the principles of transparency remain the same.

The Right to Information

Under Section 173 of the BNSS (formerly Section 154 CrPC), the police are mandated to register an FIR for any cognizable offence. If they refuse, the Supreme Court judgment in Lalita Kumari vs. Govt. of U.P. (2014) makes it clear: registration is mandatory, not optional. You can file an FIR even if the police are hesitant.

The Duty to Update

One of the strongest updates in the new law is Section 193(3)(ii) of the BNSS. It specifically states that the police must inform the informant (the person who filed the FIR) or the victim about the progress of the investigation within 90 days. This is not a favour; it is a statutory obligation. If 90 days have passed and there is no update, the police are in violation of the law.

The Magistrate’s Watchful Eye

Under Section 175 of the BNSS (formerly Section 156(3) CrPC), a Judicial Magistrate has the power to check on an investigation. If the police are dragging their feet or performing a biased investigation, the Magistrate can order a proper probe. This is your primary shield against a "managed" case.

RTI and Criminal Cases

The Right to Information (RTI) Act, 2005, is often misunderstood in criminal matters. While Section 8(1)(h) allows police to refuse information that would "impede the process of investigation," they cannot use this as a blanket shield for years. Once a chargesheet is filed, almost all documents become public. Even during an investigation, you can file an RTI online to ask for the "status" of the case, the names of the investigating officers, and the dates of site visits, which do not usually impede the probe.

3. Step-by-step playbook

Step 1: Locate the FIR and the CCTNS Record

Before you can track a case, you need its ID. Every state in India now uses the Crime and Criminal Tracking Network & Systems (CCTNS).

  • Action: Go to your State Police’s official portal (e.g., delhi.gov.in or uppolice.gov.in) and look for the "View FIR" or "Citizen Services" section.
  • What to bring: You need the FIR number, the year, and the District/Police Station. If you do not have the number, search by the date of the incident and the name of the complainant.
  • Timeline: FIRs should be uploaded within 24–72 hours of registration, except in sensitive cases (like sexual offences).

Step 2: Use the "90-Day Rule" for a Progress Report

If 90 days have passed since the FIR and there is no news of a chargesheet (the final report), you need to demand an update.

  • Action: Write a formal letter to the Station House Officer (SHO) of the police station where the FIR was filed. Cite Section 193(3)(ii) of the BNSS.
  • What to ask: "Requesting the progress of investigation in FIR No. [X] as per the mandate of Section 193(3)(ii) BNSS."
  • Timeline: They should respond within 7–14 days. If they don't, move to Step 3.

Step 3: File a Strategic RTI

If the police ignore your letter, use the RTI Act to create a paper trail. Do not ask "Why have you not arrested the accused?" (this is a question, not 'information').

  • Action: File an RTI at rtionline.gov.in or via speed post to the Public Information Officer (PIO) of the District Police Office.
  • What to ask:
    1. "Provide the current status of the investigation in FIR No. [X]."
    2. "Provide the name and designation of the Investigating Officer (IO) currently assigned to this case."
    3. "Provide the total number of statements recorded under Section 180 of the BNSS (formerly 161 CrPC) in this case to date."
  • Timeline: 30 days is the legal limit for a response.

Step 4: Petition the Superintendent of Police (SP)

If the local station is compromised, you must move up the hierarchy.

  • Action: Send a formal complaint to the SP or Commissioner of Police under Section 173(4) of the BNSS (formerly 154(3) CrPC).
  • What to include: Mention that the local station is not providing updates and you suspect the investigation is being stalled. Attach copies of your previous letters and RTI proof.
  • Timeline: The SP is required to either investigate the matter personally or direct a subordinate to do so.

Step 5: Approach the Magistrate (The Nuclear Option)

If the police hierarchy fails you, the court is your last resort. You will need a lawyer for this, or you can approach the District Legal Services Authority (DLSA) for a free legal aid lawyer if you meet the income criteria.

  • Action: File an application under Section 175(3) of the BNSS before the Judicial Magistrate having jurisdiction.
  • What to ask: Request the court to monitor the investigation or order a "Status Report" from the police. Magistrates take a very dim view of police officers who ignore statutory timelines.
  • Timeline: The court usually issues a notice to the police within 7–10 days of filing the application.

Step 6: Safe Social Media Amplification

If the case is being suppressed, public pressure helps, but it must be done legally to avoid defamation or "contempt of court" charges.

  • Action: If you post, stick to facts. "FIR No. 123 filed on Jan 1st. No update after 90 days. Police violating Section 193 BNSS." Tag the official handles of the State Police, the Chief Minister, and the DGP.
  • Caution: If the case involves sexual harassment or a minor, never reveal the victim's name, address, or photo. This is a criminal offence under Section 72 of the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act. If the crime is online, report it through the Cyber Crime reporting portal.

For more ways to hold authorities accountable, browse all civic-action guides.

Where it usually breaks

Systems look great on paper, but they often glitch—sometimes by accident, sometimes by design. If you are tracking a case that people want forgotten, expect these three roadblocks:

1. The "Investigation is Ongoing" Shield

When you file an RTI, the Public Information Officer (PIO) will likely copy-paste Section 8(1)(h) of the RTI Act, claiming that giving you information will "impede the investigation."

  • The Workaround: You aren't asking for the evidence or the witness list (which could impede the case). You are asking for the procedural status. If they deny it, file a First Appeal. Quote the Delhi High Court in Bhagat Singh vs. CIC (2008), which says the police must specifically prove how the information would impede the probe. Simply saying "investigation is on" is not a legal reason to deny an RTI.

2. The Missing FIR on the Portal

You search CCTNS, but the FIR isn't there. Police often omit "sensitive" cases or simply "forget" to upload them to avoid public scrutiny.

  • The Workaround: If it’s not online after 72 hours, go to the Police Station with a physical copy of your request. If they don't give you a certified copy, send a letter to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) via Registered Post AD. The postal receipt is your legal proof that you asked for it. Under Section 173(2) of the BNSS, you are entitled to a free copy of the FIR immediately.

3. The SHO Ignores the 90-Day Update

Section 193(3)(ii) of the BNSS is new, and many officers haven't changed their habits yet. They might tell you to "come back next month" or say they are "busy with VIP duty."

  • The Workaround: Don't just visit; document. If the 90-day window closes without an update, file a formal complaint with the Police Complaints Authority (PCA) in your state or move an application before the Judicial Magistrate under Section 175 of the BNSS. This forces the police to explain the delay to a judge.

Templates / script

Template A: RTI for Case Status

Use this if the police are being silent about what they’ve actually done.

To: Public Information Officer, [Name of District] Police. Subject: Application under Section 6(1) of the RTI Act, 2005.

  1. Please provide the current status of FIR No. [Number] dated [Date] registered at [Name of Police Station].
  2. Please provide a list of dates on which the Investigating Officer (IO) visited the crime scene or conducted field enquiries as per the Case Diary (without revealing witness identities).
  3. Has the Police Report (Chargesheet) been filed under Section 193 of the BNSS? If yes, please provide the filing date and the name of the Court.
  4. If the investigation is pending beyond 90 days, please provide a copy of the progress report as mandated by Section 193(3)(ii) of the BNSS.

Note: I am not seeking witness statements or evidence that would attract Section 8(1)(h). I am seeking procedural updates on the discharge of public duty.


Template B: Request for Progress Report (BNSS)

Use this when 90 days have passed since the FIR.

To: The Station House Officer (SHO), [Name of Police Station]. Subject: Request for progress of investigation under Section 193(3)(ii) of the BNSS.

Respected Sir/Ma'am, I am the [Informant/Victim] in FIR No. [Number/Year]. As per Section 193(3)(ii) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are required to inform the informant or the victim about the progress of the investigation within 90 days of the registration of the FIR.

Since 90 days have elapsed on [Date], I request you to provide a written update on the progress of the investigation and the status of the final report.

[Your Name & Signature]


Script: Calling the IO/SHO

"Hello, I am [Name], calling regarding FIR No. [Number]. I am tracking this case. Under Section 193 of the BNSS, I am entitled to a 90-day progress update. Has the chargesheet been filed in the Magistrate’s court yet? If not, can you share the diary date for the next step? I will be following up with a formal RTI if the status isn't clear."

FAQs

1. Can I track a case if I am not the victim or the complainant?

Yes, but it is harder. Under the RTI Act, you can ask for "public documents" like the FIR (unless it’s a sexual offence) and the status of the case. However, the police might refuse detailed updates citing "third-party information" under Section 11. You must argue that the "larger public interest" (e.g., a high-profile crime or police inaction) outweighs private interest.

2. What is the fee for filing an RTI to track a case?

For Central Government/Union Territories and most states, the application fee is ₹10. You can pay this via an Indian Postal Order (IPO) or online via the state’s RTI portal. If you are Below Poverty Line (BPL), there is no fee, provided you attach your BPL certificate.

3. How long do the police have to respond to an RTI?

The statutory limit is 30 days. If the information concerns the "Life or Liberty" of a person, they must respond within 48 hours, though this is rarely applied to general case tracking unless someone is illegally detained.

4. What if the police say the case is "Closed" (B-Report)?

If the police file a "Closure Report" (stating no evidence was found or the crime didn't happen), the Magistrate must give you notice. You have the right to file a Protest Petition. This allows you to tell the Magistrate why the police are wrong and why the case should continue.

5. Does the BNSS apply to cases filed before July 2024?

No. For FIRs registered before July 1, 2024, the Code of Criminal Procedure (CrPC) applies. However, the RTI Act 2005 remains exactly the same. The "90-day update" rule is specific to BNSS, but under the old CrPC, you can still use RTI to ask for the "Current Status."

6. Where do I go if the RTI is rejected?

You must file a First Appeal within 30 days of the rejection (or 30 days from when the response was due). Address it to the "First Appellate Authority" (usually a senior officer like an ACP or DSP). It costs nothing and is a mandatory step before going to the State Information Commission.

Frequently Asked Questions

1. Can I track a case if I am not the victim or the complainant?

Yes, but it is harder. Under the RTI Act, you can ask for "public documents" like the FIR (unless it’s a sexual offence) and the status of the case. However, the police might refuse detailed updates citing "third-party information" under Section 11. You must argue that the "larger public interest" (e.g., a high-profile crime or police inaction) outweighs private interest.

2. What is the fee for filing an RTI to track a case?

For Central Government/Union Territories and most states, the application fee is **₹10**. You can pay this via an Indian Postal Order (IPO) or online via the state’s RTI portal. If you are Below Poverty Line (BPL), there is no fee, provided you attach your BPL certificate.

3. How long do the police have to respond to an RTI?

The statutory limit is **30 days**. If the information concerns the "Life or Liberty" of a person, they must respond within **48 hours**, though this is rarely applied to general case tracking unless someone is illegally detained.

4. What if the police say the case is "Closed" (B-Report)?

If the police file a "Closure Report" (stating no evidence was found or the crime didn't happen), the Magistrate **must** give you notice. You have the right to file a **Protest Petition**. This allows you to tell the Magistrate why the police are wrong and why the case should continue.

5. Does the BNSS apply to cases filed before July 2024?

No. For FIRs registered before July 1, 2024, the **Code of Criminal Procedure (CrPC)** applies. However, the RTI Act 2005 remains exactly the same. The "90-day update" rule is specific to BNSS, but under the old CrPC, you can still use RTI to ask for the "Current Status."

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How to track a neglected criminal case using RTI and BNSS · HowToHelp