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.
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.
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.
Since July 1, 2024, the old Code of Criminal Procedure (CrPC) has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS).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.
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.
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.
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.
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.
Before you can track a case, you need its ID. Every state in India now uses the Crime and Criminal Tracking Network & Systems (CCTNS).
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.
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').
If the local station is compromised, you must move up the hierarchy.
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.
If the case is being suppressed, public pressure helps, but it must be done legally to avoid defamation or "contempt of court" charges.
For more ways to hold authorities accountable, browse all civic-action guides.
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:
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."
You search CCTNS, but the FIR isn't there. Police often omit "sensitive" cases or simply "forget" to upload them to avoid public scrutiny.
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."
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.
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.
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]
"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."
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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."
RTI templates, FIR scripts, real escalation ladders — the same kind of thing you just read. Sundays only. No spam.
We don't share your email. Unsubscribe any time.
Stop refreshing clunky government websites. Learn how to use official Telegram channels and bots like the Gauhati High Court's for real-time legal updates and cause lists.
Skip the travel and attend your court hearing online. Learn how to use the video conferencing facilities provided by Indian courts and the Gauhati High Court's tutorials.
Struggling with poor mobile data in court? Learn how to register your device for high-speed Wi-Fi at the Gauhati High Court using the official GHC advocate portal.
Ever wondered if you can enter the Gauhati High Court? Learn how to attend the 77th Republic Day ceremony and use judicial transparency tools to track Assam's legal system.