When Police Ignore NCW Notices: What Indian Women and Families Must Know About FIR Rights and Statutory Commissions

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.

Rohan Verma and his wife Kavita had settled into their home in Gomti Nagar, Lucknow, a few months after their wedding in early 2025. Rohan's brother lived separately and had an ongoing dispute with a group of local individuals. On 18 March 2025, that dispute came crashing into the wrong household. A group of men forcibly entered Rohan and Kavita's residence, verbally abused and criminally intimidated Kavita, demanded information she did not have, and left only after neighbors intervened.

The couple approached their local police station in Gomti Nagar and requested that an FIR be registered for trespass, criminal intimidation, and harassment. The station refused. They filed an online complaint through the CCTNS portal. No response came. They escalated to the Superintendent of Police. Statements were recorded — and then silence followed. Completely stuck, and not yet aware of the Magistrate route, they approached the National Commission for Women. The NCW registered the complaint and on 2 April 2025 formally dispatched a notice to the concerned SP's office, seeking an Action Taken Report. Weeks passed. The SP's office did not reply.

That's when the family reached Advocate Sudhir Rao. A private complaint before the Judicial Magistrate under Section 175(3) BNSS was filed alongside a representation to the SP under Section 173(4) BNSS. The approach was methodical, document-backed, and drew directly on experience with cases where institutional inaction is itself part of the problem. The FIR was registered shortly after. Kavita's complaint was formally on record. The SP's office, notably, still had not replied to the NCW notice even weeks later — a silence that itself spoke volumes about the structural problem these families face.

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.

Document everything from day one: Keep screenshots of every online complaint, CCTNS acknowledgment numbers, SP office receipts, NCW complaint reference numbers, and any written or digital communication. Courts and magistrates respond far better when there's a paper trail showing you did everything right before approaching them.

Don't rely solely on commissions: Bodies like the NCW are persuasive, not coercive. They can send notices and ask for reports, but they cannot compel an FIR or arrest anyone. Use them as one layer — not the only layer — of your legal strategy.

This category of matter, where police inaction intersects with harassment of women, involves specific procedural steps under the BNSS and established High Court writ jurisdiction that a general practitioner may not be fully familiar with. Engaging an advocate who regularly handles criminal matters involving institutional inaction typically leads to faster and more effective outcomes.

Applicable Sections of Law

This is a criminal matter involving trespass, criminal intimidation, and harassment, along with institutional inaction by police. The following provisions are directly applicable:

• Section 329 BNS — Criminal trespass: entering another's property with intent to commit an offence or intimidate.
• Section 351 BNS — Criminal intimidation: threatening injury to a person, their reputation, or property to cause alarm or compel an act.
• Section 74 BNS — Assault or use of criminal force on a woman with intent to outrage her modesty.
• Section 173(4) BNSS — Duty of SP to investigate when an aggrieved person reports police inaction at station level.
• Section 175(3) BNSS — Right of the aggrieved to file a private complaint directly before a Magistrate when police refuse to register an FIR.

Punishment and Penalties

• Section 329 BNS (Criminal Trespass): Imprisonment up to 3 months, or fine up to Rs. 5,000, or both. Cognizable, bailable, compoundable.
• Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. If threat is to cause death or grievous hurt: up to 7 years. Cognizable, non-bailable in aggravated form, compoundable with permission of the court.
• Section 74 BNS (Assault on Woman): Imprisonment up to 2 years, or fine, or both. Cognizable, non-bailable, non-compoundable.

Jurisdiction — Where to File the Case

Territorial jurisdiction lies with the police station within whose limits the incident occurred. And here's the thing — in matters of police refusal, the SP of that district is the first escalation point under Section 173(4) BNSS. If the SP also fails to act, a private complaint may be filed before the Judicial Magistrate First Class (JMFC) having jurisdiction over the area where the offence took place, under Section 175(3) BNSS. For harassment involving women, the concerned State Women's Commission and the NCW are parallel but non-coercive avenues. The High Court of the relevant State holds writ jurisdiction if all else fails. Jurisdiction matters because filing in the wrong forum wastes time and can prejudice your case timeline.

What if Police Refuse to File FIR?

Police refusal isn't the end of the road. The law gives you clear, sequential options:

• Step 1 — Written complaint to SP: Under Section 173(4) BNSS, submit a written complaint to the Superintendent of Police of the district. The SP is legally bound to either investigate or direct the station to register the FIR.
• Step 2 — Private complaint before Magistrate: Under Section 175(3) BNSS, you can approach the Judicial Magistrate directly with a private complaint. The Magistrate can direct the police to register the FIR and investigate.
• Step 3 — High Court writ petition: If both the above fail, a writ petition under Article 226 of the Constitution before the relevant High Court for a mandamus directing the police to act is a recognized and effective remedy, as affirmed in Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that registration of FIR is mandatory for cognizable offences.
• Step 4 — NCW/SHRC complaint: File simultaneously with the National Commission for Women or the State Human Rights Commission for parallel institutional pressure, while pursuing legal remedies in court.

Rights of the Accused

Even in cases involving trespass and intimidation, the accused persons retain statutory rights that the investigation and prosecution must respect. Frankly, knowing these rights matters whether you're sitting across the table from the accused or you are the accused:

• Right against self-incrimination under Article 20(3) of the Constitution: no accused can be compelled to be a witness against himself.
• Right to legal representation under Article 22(1): every arrested person has the right to be defended by a lawyer of their choice from the point of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest, as mandated under Article 22(2) and Section 57 BNSS.
• Right to know grounds of arrest and to receive a copy of the FIR, which the police must provide free of cost under Section 173(2) BNSS.
• Right to bail for bailable offences at the police station itself, without needing a court order.

Bail Provisions

The bail position varies across the offences involved here. Criminal trespass under Section 329 BNS is bailable, meaning bail can be granted at the police station itself. Criminal intimidation in its basic form under Section 351 BNS is also bailable. But where the threat involves causing death or grievous hurt, the aggravated form becomes non-bailable, requiring a court order. Section 74 BNS offences are non-bailable. For non-bailable offences, anticipatory bail under Section 482 BNSS may be sought before the Sessions Court if arrest is apprehended. Regular bail post-arrest is governed by Section 480 BNSS for Sessions-triable matters and Section 483 BNSS for magistrate-triable cases. Courts typically impose conditions such as surrender of passport, periodic station reporting, and non-contact with the complainant.

Quashing of FIR / Case

Make no mistake: accused persons do sometimes seek to quash proceedings early. Under Section 528 BNSS, the High Court retains inherent powers to quash an FIR or criminal proceedings where: no prima facie cognizable offence is made out on the face of the complaint; the complaint is manifestly an abuse of the court's process; or the matter is compoundable and the parties have reached a genuine settlement. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the categories where quashing is permissible. For victims, understanding this is equally important — a strong, well-documented FIR is significantly harder to quash and provides greater protection during trial.

If You Are the Victim

Start here. These steps aren't optional — they're what determines whether your case stands or collapses months later in court.

• Write everything down immediately: Note the date, time, names or descriptions of the people involved, and exactly what was said or done. Memory fades; a contemporaneous written record doesn't.
• Secure CCTV footage and call logs: Request or preserve any surveillance footage from your building or neighborhood as quickly as possible. Footage gets overwritten fast.
• Do not negotiate privately: Any settlement attempt without your advocate present can be used against you later or lead to you inadvertently waiving rights.
• File complaints in writing everywhere, simultaneously: Police station, CCTNS portal, SP office, NCW — get acknowledgment receipts for each. These receipts become evidence of institutional inaction if you need to go to court.
• Approach a qualified advocate early: The procedural window for certain reliefs is time-sensitive, and acting early gives your advocate more options.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the complainant
• Proof of residence (utility bill, rental agreement, or property documents for the house where the trespass occurred)
• Screenshots and acknowledgment numbers from CCTNS online complaint portal
• Copy of written complaint submitted to the SP's office with receipt or postal proof
• NCW complaint reference number and a copy of the NCW's notice to the SP
• CCTV footage (saved on a separate pen drive and do not alter it)
• Witness details: names, contact numbers, and written statements of neighbors or others present
• Any WhatsApp messages, call recordings, or voice notes related to the threats or incident

What Evidence Is Required?

• Primary evidence — CCTV footage: Contemporaneous video of the trespass or intimidation is the strongest form of evidence and is very difficult to challenge if properly preserved.
• Witness testimony: Neighbors, domestic staff, or passersby who witnessed the entry or the intimidation can provide oral evidence before the Magistrate.
• Documentary trail of police inaction: CCTNS receipts, SP complaint copies, NCW notice copies — these establish that the victim acted responsibly and was denied remedy, which courts view seriously.
• Medical records: If there was any physical contact, a medical examination report from a government hospital strengthens the case considerably.
• Call records and message logs: Prior or subsequent threats made via phone are relevant under Section 351 BNS and can be obtained through a court-directed telecom disclosure.
• Contemporaneous written record: A diary entry, email to a family member, or dated WhatsApp message sent immediately after the incident corroborates your timeline.

How the Police Behave in Such Cases

Bluntly? They stall. In trespass and criminal intimidation cases, especially where the accused are local and known to the area, police at station level often attempt to treat the matter as a "civil dispute" or a "family matter" to avoid registering a cognizable case. Pressure from locally influential parties, unfamiliarity with the distinction between criminal trespass and civil encroachment, and simple institutional inertia all play a role. Statements may be recorded informally to give the appearance of action. Now, before you act on the assumption that SP-level escalation will fix things — as this case showed, even a formal NCW notice can be ignored without consequence unless you simultaneously pursue court-based remedies.

Timeline of Legal Process

• Day 1-7: File complaint at police station, CCTNS portal, and SP office. Secure CCTV footage and witness details.
• Day 7-21: If no FIR, file written complaint to SP under Section 173(4) BNSS and simultaneously lodge NCW complaint.
• Day 14-30: If SP does not act, file private complaint before Judicial Magistrate under Section 175(3) BNSS.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal advocate 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.