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.

Mr. X approached the police station in City A on DD/MM/YYYY to file an FIR regarding theft of his motorcycle. The Station House Officer refused to register the complaint, stating that it was a civil matter and suggested Mr. X to approach the court directly. Despite Mr. X providing all necessary documents including purchase receipts, insurance papers, and witness statements, the police officer remained adamant. Mr. X was frustrated as his stolen vehicle was being used by unknown persons, and without an FIR, he couldn’t claim insurance or take further legal action. The officer’s refusal was clearly against established legal procedures, as theft is a cognizable offence requiring mandatory FIR registration. This case highlights the common problem citizens face when police officers unlawfully refuse to register complaints, leaving victims helpless and justice delayed.

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 by taking written refusal from the police officer and gathering witnesses to the refusal. Submit a written complaint to the Superintendent of Police highlighting the unlawful refusal. Approach the nearest Magistrate Court under Section 156(3) of BNSS to direct police registration of FIR.

Applicable Sections of Law

Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 154 mandates police officers to register FIR for all cognizable offences. Section 156(3) empowers magistrates to direct police investigation. Section 173 covers investigation procedures after FIR registration. Under Bharatiya Nyaya Sanhita (BNS), relevant sections include theft under Section 303, criminal breach of trust under Section 316, and other applicable cognizable offences. Police officers who refuse to register FIR without valid grounds can face departmental action and legal consequences for dereliction of duty.

If You Are the Complainant

• Prepare a detailed written complaint with all facts, dates, and supporting documents
• Demand written reasons if police refuse to register FIR and collect signatures of witnesses present
• Immediately file application under Section 156(3) BNSS before nearest Magistrate Court
• Submit complaint to Senior Superintendent of Police and seek direction for FIR registration
• Maintain copies of all documents and correspondence for court proceedings

If You Are the Victim

• Never accept police suggestions to treat cognizable offences as civil matters
• Insist on written refusal and reasons from the duty officer refusing FIR registration
• Contact senior police officials immediately and escalate the matter to higher authorities
• File petition in Magistrate Court under Section 156(3) BNSS without delay
• Gather all evidence and witnesses to support your complaint before approaching court

How the Police Behave in Such Cases

Police officers often try to avoid FIR registration to maintain low crime statistics or reduce their workload. They may suggest treating cognizable offences as civil disputes, asking complainants to approach courts directly, or demanding bribes for registration. Some officers may conduct unnecessary preliminary inquiries to delay the process. However, for cognizable offences, police cannot refuse FIR registration and must follow mandatory procedures under BNSS.

FAQs People Normally Have

Can police refuse to register FIR for cognizable offences? No, police officers are legally bound to register FIR for all cognizable offences without conducting preliminary inquiry.

What if police ask for preliminary inquiry before FIR? For cognizable offences, no preliminary inquiry is required before FIR registration under Section 154 BNSS.

How long does court take to direct FIR registration? Magistrate courts typically decide Section 156(3) applications within 15-30 days depending on case urgency.

Can I directly approach higher police officials? Yes, you can approach SP, DIG, or IG with written complaint seeking directions for FIR registration.

What Evidence Is Required?

• Written complaint detailing the incident with specific facts and circumstances
• Identity documents of complainant and witnesses with contact details
• Supporting documents like receipts, agreements, photographs, or medical reports
• Written refusal letter from police officer with reasons for denial
• Witness statements confirming the police officer’s refusal to register FIR
• CCTV footage or electronic evidence if available and relevant
• Previous correspondence with police authorities regarding the complaint

How Long Will the Investigation Take?

Once FIR is registered, police must complete investigation within 90 days for offences punishable up to 10 years imprisonment. For serious offences, investigation may extend up to 180 days with court permission. The timeline starts from FIR registration date, not from the date of initial complaint or refusal. Court-directed investigations usually proceed faster due to judicial monitoring.

Advocate Sudhir Rao, Supreme Court of India