Police Refusing FIR Registration for Vehicle Damage Without Human Injury – Legal Options Available

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by

Adv Sudhir Rao
in

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.

Police Refusing FIR Registration for Vehicle Damage Without Human Injury - Legal Options Available

Mr.X approached me when the local police station refused to register an FIR against the driver of a commercial tempo who crashed into his parked vehicle. The collision occurred due to the tempo driver’s negligence, causing significant damage to Mr.X’s car. However, since no human injuries occurred in the incident, the police officials insisted they could only file a Traffic Accident Data (TAD) report instead of a formal FIR. Adding to Mr.X’s troubles, his vehicle insurance claim was stuck in litigation on the Bima Bharosa portal because X.Insurance Company had failed to renew his policy properly. The police’s refusal to register the FIR was making it difficult for Mr.X to pursue proper legal action against the negligent driver and recover compensation for the vehicle damage.

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.

Approach the Station House Officer (SHO) directly with a written complaint demanding FIR registration. If refused, file a complaint with the Superintendent of Police. Document all refusals in writing. Simultaneously pursue civil remedies for damages through appropriate courts.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 281 covers rash or negligent driving, while Section 324 addresses mischief causing damage to property. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 mandates police to register FIR for cognizable offenses regardless of injury status. Motor Vehicle Act provisions also apply for negligent driving. These offenses are cognizable and warrant FIR registration.

If You Are the Complainant

  • Prepare a detailed written complaint with incident specifics, date, time, and location
  • Gather witness statements and contact details of persons who saw the accident
  • Obtain photographs of vehicle damage and accident scene immediately
  • Collect the tempo driver’s license details and vehicle registration number
  • File complaint with higher police officials if local station refuses FIR registration
Police Refusing FIR Registration for Vehicle Damage Without Human Injury - Legal Options Available

If You Are the Victim

  • Do not accept police suggestion to settle the matter informally or through TAD only
  • Insist on FIR registration as property damage due to negligence is a cognizable offense
  • Preserve all evidence including damaged vehicle parts and repair estimates
  • Contact your insurance company immediately to report the accident
  • File a civil suit for damages if criminal remedies are inadequate

How the Police Behave in Such Cases

Police often try to avoid FIR registration in vehicle damage cases without injuries, preferring Traffic Accident Data reports. They may suggest compromise between parties or claim non-cognizable offense. However, negligent driving causing property damage is cognizable under BNS. Persistent follow-up and legal pressure usually compels proper FIR registration.

FAQs People Normally Have

Can police refuse FIR if no human injury occurred? No, property damage due to negligent driving is a cognizable offense requiring FIR registration.

What is difference between TAD and FIR? TAD is merely data collection while FIR initiates criminal investigation and legal proceedings.

Can I claim damages without FIR? Yes, through civil courts, but FIR strengthens your case significantly.

What if police still refuse? Approach higher officials, file complaint with SP or approach magistrate under BNSS Section 173.

Police Refusing FIR Registration for Vehicle Damage Without Human Injury - Legal Options Available

What Evidence Is Required?

  • Photographs of damaged vehicles from multiple angles
  • Witness statements with contact details and signatures
  • Vehicle registration and insurance documents of both parties
  • Driver’s license details of the negligent driver
  • Repair estimates and bills from authorized service centers
  • Medical certificates if any minor injuries occurred
  • CCTV footage from nearby locations if available

How Long Will the Investigation Take?

Investigation typically takes 60-90 days for vehicle damage cases. Police will examine the accident scene, record statements from both parties and witnesses, and assess the damage. Final report submission may take additional 30 days. Court proceedings, if required, can extend the timeline significantly depending on case complexity.

Advocate Sudhir Rao, Supreme Court of India

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