Police Inaction After FIR in BNS 69 Case — What to Do

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.

TL;DR: When police file an FIR under Section 69 BNS but then sit on it for months, you have concrete legal remedies. You can move the Superintendent of Police under Section 173(4) BNSS, file a private complaint before a Magistrate under Section 175(3) BNSS, or approach the High Court. There is no need to accept radio silence as the end of the road.

The first thing Meera noticed was that the Investigating Officer’s number had stopped appearing on her phone. For weeks after her statement before the Magistrate at the district court in Dehradun, there had been calls. Then silence. Seven months had passed since the FIR was registered in February 2025 at a police station near Rajpur Road, and the case under Section 69 BNS had gone cold.

Meera had met Arjun during a work project in Gurugram. He worked with a Bengaluru-based logistics firm, Flipkart’s regional supply chain team. The relationship moved fast. Families met. A wedding date was fixed for early 2026. Then, in December 2025, when she told him she was pregnant, he stopped answering calls. His family blocked her parents’ numbers too. She had lost her job at a Noida marketing agency by then, and the money for legal help was running thin.

Before approaching the Chamber of Advocate Sudhir Rao, Meera had tried everything herself. She wrote to the SSP. The MLA’s office. Even the local MP. Nothing moved. A general practitioner she had consulted earlier told her to wait. The wait cost her months.

Advocate Sudhir Rao and his office took a different approach. They focused on the procedural tools that compel police action rather than requesting it. A formal representation to the Superintendent of Police under Section 173(4) BNSS was drafted. Simultaneously, an application was prepared for filing a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The matter moved. Advocate Sudhir Rao’s experience in criminal procedure and cases under BNS 69 helped secure a direction to the Investigating Officer to expedite the investigation.

Key Facts of the Case

• FIR registered under Section 69 BNS at a police station in Dehradun, Uttarakhand.
• Complainant gave her statement before the Magistrate under Section 183 BNSS (recording of statement by Magistrate).
• Medical examination of the complainant was conducted.
• A crime-scene visit was conducted by the Investigating Officer.
• Seven months elapsed after FIR registration with no chargesheet filed and no arrest made.
• Investigating Officer told the complainant to go to the accused’s parents’ house and create a scene, suggesting she had no further investigation planned.
• Escalations to the SHO, SSP, MLA, and MP produced no substantive movement.
• The DIG’s office eventually directed the SSP to look into the matter after repeated emails.

The Direct Legal Answer

When an FIR is properly registered and the police fail to investigate or file a chargesheet, the complainant is not helpless. There are specific remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023, that can force the investigating agency to act. Here is what the law allows.

Can the police simply refuse to investigate after filing an FIR?

No. Once an FIR is registered for a cognizable offence like Section 69 BNS, the police are duty-bound to investigate. Inaction without reason is a dereliction of duty. The complainant can escalate the matter through formal channels rather than waiting indefinitely.

What can a complainant do when the Investigating Officer is not acting?

The first step is a written complaint to the Superintendent of Police or Commissioner of Police under Section 173(4) BNSS. The SP has the power to supervise and direct the investigation. If that does not work, a private complaint before the Magistrate under Section 175(3) BNSS is the next remedy. The Magistrate can take cognizance and direct the police to investigate, or proceed with the complaint directly.

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 wait months hoping the police will act on their own. File a formal representation to the SP promptly. Keep it concise and factual.

Preserve every piece of communication with the police, the IO, and the accused. Screenshots, call logs, and emails matter later. This type of case involves nuanced procedural and evidentiary strategy under BNS 69 and the BNSS, and a general practitioner may not be fully familiar with the tools available to compel investigation. An advocate who regularly handles such matters typically gets faster movement.

Applicable Sections of Law

• Section 69 BNS — Sexual intercourse by deceitful means or false promise to marry, punishable with imprisonment up to 10 years and fine.
• Section 173(4) BNSS — Power of the Superintendent of Police to supervise and direct investigation.
• Section 175(3) BNSS — Filing a private complaint before a Magistrate when police fail to act.
• Section 183 BNSS — Recording of statement by a Magistrate during investigation.
• Section 528 BNSS — Inherent powers of the High Court, including for quashing or directing investigation.

Punishment and Penalties

Section 69 BNS prescribes imprisonment of up to 10 years and a fine for sexual intercourse obtained through deceit or a false promise to marry made without intention to fulfil it. The offence is cognizable, meaning police can register the FIR and arrest without a warrant in appropriate cases. It is non-bailable, requiring the accused to seek bail before a court. The offence is not compoundable as of the current statutory position, so compromise or settlement cannot automatically close the case, though the court may consider settlement as a factor in certain circumstances.

Jurisdiction — Where to File the Case

For an offence under Section 69 BNS, the FIR must be registered at the police station having territorial jurisdiction over the place where the alleged offence occurred or where the complainant resides. The case is triable by a Magistrate. If the investigation is not progressing, the complainant can approach the Superintendent of Police of that district. A private complaint under Section 175(3) BNSS is filed before the Judicial Magistrate of the First Class having jurisdiction over the area. If the police refuse to act even after magisterial intervention, the High Court under its inherent powers can be approached to direct proper investigation.

What if Police Refuse to File FIR?

Here, an FIR was filed, but the principle is similar. If a police station refuses to register an FIR for a cognizable offence, the remedies include:

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS and seek directions for registration.
• File a private complaint before the Magistrate under Section 175(3) BNSS and request cognizance.
• Approach the High Court under Section 528 BNSS or Article 226 of the Constitution for a direction to register FIR.
• Send a formal complaint by registered post to the SP so there is proof of escalation.

Rights of the Accused

• Right against self-incrimination under Article 20(3) of the Constitution.
• Right to legal representation under Article 22(1).
• Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time.
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to seek bail, including anticipatory bail under Section 482 BNSS for non-bailable offences.
• Right to remain silent during interrogation; statements before police are not admissible as substantive evidence.

Bail Provisions

Section 69 BNS is a non-bailable offence. The accused can seek regular bail under Section 480 BNSS before the Magistrate or Sessions Court. Anticipatory bail under Section 482 BNSS is available in appropriate cases, especially where the accused has cooperated with investigation and there is no flight risk. Courts typically impose conditions such as surrendering the passport, not tampering with evidence, and attending the investigation as required. Bail strategy in these cases often depends on the stage of investigation, the strength of electronic evidence, and whether the accused can show the relationship was consensual without deception at the relevant time.

Quashing of FIR / Case

The High Court can quash an FIR or proceedings under Section 528 BNSS when the allegations, taken at face value, do not constitute an offence, or where the proceeding is an abuse of the process of law. In false promise to marry cases, quashing often turns on whether the complainant’s own allegations reveal the accused lacked intention to marry from the outset. Where the facts suggest a genuine relationship that later broke down, the accused may seek quashing. For the complainant, a well-documented complaint, medical evidence, and communication records make quashing less likely.

If You Are the Victim

• Document every attempt to contact the accused and his family — calls, messages, emails, and social media messages.
• Preserve medical reports, pregnancy records, and any evidence of the promise to marry.
• File a formal complaint to the SP if the Investigating Officer is inactive.
• Do not follow an Investigating Officer’s advice to go to the accused’s home and create a scene; that can backfire legally.
• Consider a private complaint before the Magistrate if police inaction continues beyond a reasonable period.
• Seek legal help while evidence is still fresh and before witnesses drift away.

Documents You Must Keep Ready

• Aadhaar card or other identity proof.
• Copy of the FIR and its number.
• Copy of the statement recorded before the Magistrate.
• Medical examination reports and discharge summaries.
• Call detail records and screenshots of messages with the accused.
• Photographs, engagement or ceremony photos, and any written communication between families.
• Proof of escalation emails and letters sent to the SSP, MLAs, or other authorities.
• Pregnancy-related medical records, if applicable.

What Evidence Is Required?

• Statement of the complainant recorded under Section 183 BNSS before a Magistrate.
• Medical evidence, including the medical examination report.
• Electronic evidence — WhatsApp chats, call logs, SMS, and email exchanges showing the promise to marry.
• Witness statements from family members and friends who attended meetings or were present during discussions about marriage.
• Documentary proof of family meetings, hotel bookings, or travel together, if available.
• Crime-scene visit report prepared by the Investigating Officer.
• Financial records showing any joint expenses or transfers, where relevant.

How the Police Behave in Such Cases

In false promise to marry cases, police often treat the matter as a relationship dispute rather than a serious cognizable offence. Investigating Officers may delay recording witness statements, avoid visiting the crime scene promptly, and in some instances, suggest that the complainant and accused compromise outside the legal process. There are also cases where the accused’s family exerts local influence to slow the investigation. A complainant who is not legally represented may be told to wait, call back later, or handle the matter personally — none of which is legally sound when the FIR has already been registered.

Timeline of Legal Process

• FIR registration — immediate, once a cognizable offence is alleged.
• Recording of statement before Magistrate — within days to weeks of the FIR under Section 183 BNSS.
• Medical examination — generally within days of the complaint being lodged.
• Crime-scene visit and investigation — weeks to months, depending on police diligence.
• Filing of chargesheet — ideally within 60 to 90 days for a non-bailable offence; in practice, often delayed.
• Cognizance by Magistrate — after chargesheet is filed.
• Framing of charges — after hearing the accused on the chargesheet.
• Trial — examination of witnesses, cross-examination, and arguments; can take months to years.
• Judgment — after trial concludes.
• Appeal — to Sessions Court, High Court, and Supreme Court as permissible.

How Long Will the Investigation Take?

There is no fixed statutory outer limit for investigation in every case. For offences punishable with 10 years or more, a chargesheet is typically expected within 60 to 90 days, failing which the accused may seek default bail. In practice, investigations in false promise cases often stretch beyond three months, sometimes a year, unless the complainant actively pushes for supervision under Section 173(4) BNSS or approaches the Magistrate.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Section 69 BNS is not compoundable, so the parties cannot simply withdraw the case by mutual consent and close the matter. The court may, however, consider a genuine settlement between the parties as one factor while deciding bail or after trial. Mediation and conciliation are possible but they do not automatically end criminal proceedings for non-compoundable offences. In some cases, the accused may approach the High Court for quashing of the FIR after a settlement, particularly if the parties have resolved the underlying dispute, but the High Court is not bound to quash merely because a settlement exists. Legal advice is essential before entering into any settlement while a criminal case is pending.

Common Mistakes People Make

• Waiting months for the police to act without issuing formal written escalations.
• Deleting messages, call logs, or photographs in anger or after reconciliation attempts.
• Following an Investigating Officer’s suggestion to visit the accused’s home and create a confrontation, which may harm the complainant’s credibility.
• Posting details of the case on social media while the matter is pending, which the defence can use to allege prejudice.
• Speaking to the accused or his family without counsel and agreeing to oral assurances of marriage or withdrawal.
• Engaging an advocate who does not regularly handle criminal matters under BNS and BNSS — procedural remedies like Section 173(4) BNSS and Section 175(3) BNSS are often missed by general practitioners, and that delay can weaken the case.

FAQs People Normally Have

Can the police close my case without informing me?

Police may file a closure report if they find no evidence, but the complainant must be informed. You can challenge a closure report before the Magistrate by filing a protest-cum-objection petition, and the Magistrate may direct further investigation.

Is Section 69 BNS bailable?

No. It is a non-bailable offence. The accused must apply for bail before the court, and release depends on the court’s satisfaction regarding the facts and conditions.

Can I file a fresh complaint if the police are not acting?

Yes. A private complaint under Section 175(3) BNSS before the Magistrate is independent of police inaction. The Magistrate can take cognizance and direct investigation or proceed with the matter.

What if the Investigating Officer tells me to compromise?

An Investigating Officer cannot force you to settle a non-compoundable offence. Seek legal advice. If necessary, bring the IO’s conduct to the attention of the Superintendent of Police in writing.

Will my case move faster if I approach the High Court?

In many cases, yes. The High Court can issue directions to the police and set timelines. But it is not the first option; exhaust the SP representation and the Magistrate’s private complaint route first, unless there is urgency.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

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.