The police refuse to register your FIR. What the law lets you do next

What the law says

Registration is mandatory, not optional. When the information given to the police discloses a cognizable offence, the officer has no discretion to refuse. Registration of the FIR is mandatory, and the police cannot hold it back while they privately test whether your allegations are true. A preliminary inquiry before registering is allowed only in a few limited categories, such as matrimonial or family disputes, commercial offences, medical negligence, corruption cases, or where there is an abnormal delay of over three months, and even then it should be short. If the offence happened in another police station's area, that is still not a reason to turn you away: the station must register it as a Zero FIR and transfer it, which we cover in Zero FIR explained.

Step one, the Superintendent of Police. If the station house officer refuses to register your FIR, your first statutory remedy is to send the substance of your complaint, in writing and by post or electronically, to the Superintendent of Police under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023. If the Superintendent is satisfied that the information discloses a cognizable offence, the officer must either investigate it or direct a subordinate to investigate.

Step two, the Magistrate. If the Superintendent of Police also fails to act, you can apply to the jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. This is the power that used to sit in Section 156(3) of the old Code. The application must be supported by an affidavit, and you must show that you already used the Section 173(4) route to the Superintendent. The Magistrate can then direct the police to register the FIR and investigate.

The Magistrate's discretion. One thing to know: while the police have no discretion to refuse a cognizable complaint, the Magistrate does have judicial discretion under Section 175(3). The Magistrate is not bound to order a police investigation in every case, and may instead treat your application as a complaint case, recording your statement and examining your witnesses.

The private complaint route. Separately, you can go straight to the Magistrate with a private complaint under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to Section 200 of the old Code. The Magistrate examines you and your witnesses and, if a prima facie case is made out, can summon the accused or direct the police to investigate.

Why not a writ first. Courts have consistently held that a writ petition in the High Court, or a petition under the High Court's inherent power, to compel the police to register an FIR is generally not maintainable while these statutory remedies remain unused. The landmark rule that FIR registration is mandatory does not give you a right to bypass the Superintendent and the Magistrate and go straight to the High Court. Only in rare and exceptional cases will the High Court step in directly.

What you can do

1. When you report, say clearly that you are reporting a cognizable offence and ask the station house officer to register the FIR. If you give the information orally, insist that it be written down, read back to you, and signed by you, and ask for your free copy of the FIR.
2. If the officer cites jurisdiction because the offence happened elsewhere, ask for a Zero FIR, which any station must register and transfer.
3. If the station house officer still refuses, put your complaint in writing and send it to the Superintendent of Police under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, by post or electronically, and keep proof of sending.
4. If the Superintendent does not act, apply to the jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, with an affidavit stating that you already approached the station house officer and the Superintendent without result.
5. You can also file a private complaint before the Magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Magistrate will examine you and your witnesses and, if there is a prima facie case, can summon the accused or order an investigation.
6. Do not rush to the High Court with a writ to compel registration. Courts have held that route is not maintainable while these steps remain unused, and will direct you back to the Superintendent and the Magistrate.

Cases that matter

Union of India v. State of Maharashtra, Supreme Court of India (2019). The Court reaffirmed that Section 154(1) of the old Code does not permit a preliminary inquiry before registering an FIR when the information discloses a cognizable offence, and that where an officer refuses in breach of this duty, the aggrieved person can send the substance of the information in writing by post to the Superintendent of Police. It anchors both the mandatory-registration rule and the first rung of the ladder.

Md. Laskar Ali v. The State of Assam, Gauhati High Court (2025). The petitioner had already approached the police station and the Superintendent without success and came to the High Court by writ. The court held that the power once exercised by Magistrates under Section 156(3) of the old Code is now exercisable under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and that an aggrieved person must approach the Superintendent under Section 173(4) and then the Magistrate under Section 175(3), not the High Court.

Vishwas Sudhanshu Bhamburkar v. State of Gujarat, High Court of Gujarat (2022). The petitioner argued that the mandatory-registration rule entitled him to a writ. The court dismissed the petition as not maintainable, holding that the High Court should ordinarily refuse to interfere and relegate a complainant first to the Superintendent under Section 154(3) and then to the Magistrate under Section 156(3) or a complaint under Section 200. It shows why the statutory ladder comes before the High Court.

Urmila Devi v. State of U.P., High Court of Allahabad (2024). The court drew the key distinction: the police have no discretion to decline to register an FIR when the complaint discloses a cognizable offence, but a Magistrate exercising the Section 156(3) power has judicial discretion and is not bound to order a police investigation, and may instead direct the complainant to examine witnesses as a complaint case. It explains what the Magistrate may and may not do with your application.