When NCW Notices Are Ignored by Police: What a Crime Victim Can Do Next

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

The Mehta family in Gomti Nagar, Lucknow, had a quiet, orderly home. That changed on a Tuesday afternoon in early March 2025, when a group of individuals forcibly entered their residence, hurled verbal threats at Priya Mehta, a newly married woman with no connection whatsoever to her in-laws' property dispute, and physically intimidated elderly family members present in the house. The group had a grievance against the family's younger son, Rohit Mehta, who did not even live at that address.

The family approached the Gomti Nagar Police Station immediately. They were turned away without an FIR. An online complaint on the CCTNS portal produced nothing. A written representation to the Senior Superintendent of Police, Lucknow, went unanswered. Running low on local remedies, the family filed an istgasa before the Judicial Magistrate and simultaneously filed a complaint with the National Commission for Women. The NCW registered the complaint and dispatched an official notice dated 18 March 2025 to the SSP, Lucknow, demanding an Action Taken Report within a stipulated deadline. The deadline passed. Absolute silence from the SSP's office.

It was at this point that the family reached Advocate Sudhir Rao. Earlier efforts, including the SSP representation and the NCW route alone, had not compelled any police response. Through a structured approach that combined a private complaint under Section 175(3) BNSS before the Magistrate, a writ petition in the Allahabad High Court highlighting the NCW notice and the SSP's non-compliance, and a complaint on the state grievance portal citing the binding mandate of Lalita Kumari v. Government of UP, (2014) 2 SCC 1, an FIR was registered within days. The matter moved from a stalled grievance to an active investigation, demonstrating precisely why specialised handling matters in cases where institutional machinery has stalled.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Do not rely solely on commissions: The NCW and State Women Commissions have recommendatory and quasi-judicial powers, but no direct coercive authority over police. They can send notices and summon officers, but if the police don't comply, the Commission itself can't register your FIR. Use the Commission complaint as one layer of pressure, not your only strategy.

Document every failed attempt: Keep copies of every application, portal complaint, acknowledgment, and non-reply. In Lalita Kumari v. Government of UP, (2014) 2 SCC 1, the Supreme Court held that registration of an FIR is mandatory when information about a cognizable offence is received. Your documented refusals become critical evidence before the Magistrate or the High Court. And here's the thing — that paper trail is often what tips the balance when you're finally in court.

Engage an advocate with domain-specific experience: Cases involving police inaction, NCW non-compliance, and parallel writ proceedings require a practitioner who regularly handles criminal matters at the intersection of statutory commissions and constitutional remedies. A general practitioner won't always be familiar with the procedural layering needed here, and that gap can cost you weeks or months. Frankly, this is not the kind of situation where you want to experiment.

Applicable Sections of Law

• Section 329 BNS (Criminal Trespass): Whoever enters or remains in property to commit an offence or to intimidate, insult, or annoy any person in possession.
• Section 351 BNS (Criminal Intimidation): Threatening another with injury to person, reputation, or property to cause alarm or compel an act.
• Section 74 BNS (Assault or use of criminal force on woman to outrage her modesty): Applicable where verbal harassment is directed specifically at a woman with intent to outrage modesty.
• Section 173(4) BNSS: Empowers a victim to approach the Superintendent of Police when an officer-in-charge refuses to record information about a cognizable offence, and the SP may direct registration of the FIR.
• Section 175(3) BNSS: Allows a Magistrate to take cognizance of a cognizable offence and direct investigation upon a private complaint, bypassing police inaction entirely.

Punishment and Penalties

• Section 329 BNS (Criminal Trespass): Imprisonment up to 3 months, or fine up to Rs. 5,000, or both. Bailable, non-cognizable, compoundable.
• Section 329 read with aggravated forms (House Trespass for offence punishable with imprisonment): Imprisonment up to 2 years and fine. Cognizable, bailable.
• Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. If threat is of death or grievous hurt, imprisonment up to 7 years. Cognizable, bailable, compoundable in certain circumstances.
• Section 74 BNS: Imprisonment up to 3 years, with fine. Cognizable, non-bailable, non-compoundable.

Jurisdiction — Where to File the Case

For criminal matters like forced trespass and intimidation, territorial jurisdiction vests with the police station within whose local limits the offence was committed. That's the first point of contact. If the local station refuses, Section 173(4) BNSS allows escalation to the Superintendent of Police of the same district. A private complaint under Section 175(3) BNSS is filed before the Judicial Magistrate First Class having jurisdiction over that territory. Constitutional remedies by way of a writ petition (Article 226) lie before the jurisdictional High Court. Getting jurisdiction right matters because a complaint filed before the wrong authority can be dismissed on that ground alone, and you don't want to lose precious time restarting the process.

What if Police Refuse to File FIR?

Make no mistake, a refusal to register an FIR for a cognizable offence is itself unlawful under the law laid down in Lalita Kumari v. Government of UP, (2014) 2 SCC 1. Here's what you can do, step by step:

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, enclosing all prior rejected complaints and portal acknowledgments.
• If the SP does not act, file a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS, annexing evidence of police refusal.
• File a complaint on the state's online grievance portal, specifically citing Lalita Kumari. The paper trail this creates often accelerates official response.
• If both routes fail, approach the jurisdictional High Court under Article 226 of the Constitution seeking a writ of mandamus directing FIR registration and independent investigation.

Rights of the Accused

• Right against self-incrimination: Under Article 20(3) of the Constitution, no person accused of an offence shall be compelled to be a witness against themselves.
• Right to legal representation: Article 22(1) guarantees the right to consult and be defended by a legal practitioner of one's choice from the moment of arrest.
• Produced before Magistrate within 24 hours: Article 22(2) and Section 57 BNSS require that an arrested person be produced before the nearest Magistrate within 24 hours, excluding travel time.
• Right to know grounds of arrest: Article 22(1) and Section 47 BNSS mandate that the arrested person be informed of the grounds of arrest without delay.
• Right to copy of FIR: Under Section 154(2) BNSS, a free copy of the FIR must be given to the informant, and the accused is entitled to it upon request once proceedings begin.

Bail Provisions

The cognizability and bailability of the offence determines the bail route. Criminal trespass under Section 329 BNS and criminal intimidation under Section 351 BNS are bailable offences, meaning bail is a matter of right and can be obtained from the police station itself at the time of arrest. Section 74 BNS is non-bailable, requiring application before the Magistrate. Anticipatory bail under Section 482 BNSS before the Sessions Court or High Court is a wise pre-emptive step where arrest is apprehended. Regular bail after arrest is governed by Section 480 and Section 483 BNSS. Courts typically impose conditions such as surrendering the passport, not leaving the jurisdiction, and not contacting the complainant.

Quashing of FIR / Case

An FIR isn't always the end of the road for an accused. Under Section 528 BNSS, the High Court retains inherent powers to quash an FIR or criminal proceedings where the allegations, taken at face value, don't disclose a cognizable offence, or where the proceedings constitute a clear abuse of the process of court. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, laid down detailed categories for when quashing is appropriate. Now, before you act on this, know that a compoundable offence that has been genuinely settled between parties can also be quashed on that basis. Quashing is a strategic option, not a default remedy, and requires careful assessment of the specific facts.

If You Are the Victim

• Secure CCTV footage from your home or surrounding areas immediately. Footage is frequently overwritten within 24 to 72 hours and that window closes fast.
• Record witness statements from anyone present during the incident. Written, signed statements taken promptly carry significant weight before the Magistrate.
• Send a formal written complaint to the police station by registered post with acknowledgment due, and retain the postal receipt. This creates an independent record of when information was tendered.
• Do not engage with the accused or their associates without your advocate present. Anything said informally can be used to undermine your complaint.
• File the NCW complaint and the state grievance portal complaint together, not one after the other. Parallel institutional pressure is more effective than sequential escalation.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the complainant
• Copy of the complaint filed at the police station and any written acknowledgment received
• CCTNS portal complaint reference number and printout
• Copy of the NCW complaint and the NCW's registered acknowledgment or notice reference
• SP / SSP representation copy with proof of dispatch (registered post receipt)
• CCTV recordings, photographs, or video clips of the incident (stored on a pendrive and backed up on cloud)
• State grievance portal complaint reference number and system-generated acknowledgment
• Medical examination report, if any physical contact or injury occurred

What Evidence Is Required?

• CCTV footage: Primary electronic evidence under Section 63 BSA (Bharatiya Sakshya Adhiniyam) establishing presence and conduct of the accused.
• Eye-witness testimony: Oral evidence from family members, neighbours, or domestic staff who witnessed the trespass and intimidation.
• Call records and messages: Any threats communicated by phone, WhatsApp, or SMS before or after the incident constitute corroborative electronic evidence.
• Written complaints and non-reply records: Proof that police were approached and refused to act strengthens the Magistrate complaint significantly.
• NCW notice and non-compliance record: The NCW notice sent to the SSP and the absence of any reply demonstrates institutional non-compliance and bolsters the writ petition.
• Medical or forensic report: Where any physical altercation occurred, a prompt medical examination report is primary evidence of injury.

How the Police Behave in Such Cases

Now, before you call your advocate, understand the typical pattern. In cases involving trespass and harassment arising from civil or family disputes, police at the local station level frequently attempt to label the matter a "civil dispute" and avoid registering an FIR. They may suggest mediation, tell you to "sort it out," or simply delay. Officers at the SP level sometimes don't respond to NCW notices at all, treating them as non-binding correspondence. This attitude directly contradicts the Supreme Court's ruling in Lalita Kumari v. Government of UP, (2014) 2 SCC 1. Awareness of this pattern allows victims and their advocates to anticipate the delay and build parallel legal tracks from day one rather than waiting for the police to act voluntarily.

Timeline of Legal Process

• Day 1-3: File written complaint at local police station; simultaneously file on CCTNS portal and state grievance portal.
• Day 3-7: If no FIR, send written representation to SP / SSP by registered post; file NCW complaint in parallel.
• Week 2-3: If SP does not act, file private complaint before Judicial Magistrate First Class under Section 175(3) BNSS (2-4 weeks for first hearing date).
• Week 3-

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.