One of the most common grievances in criminal law is simple but serious: a person goes to the police station to report a cognizable offence, and the police refuse to register an FIR — or delay indefinitely, or suggest filing a written complaint instead. Many people walk away believing they have no option. They do.
The law is clear on this point. The police have a mandatory obligation to register an FIR when a cognizable offence is reported. Refusal or inaction is not just an inconvenience — it is a violation of both the statute and the constitutional rights of the complainant. This article explains the legal remedies available, step by step.
What Is a Cognizable Offence and Why It Matters
A cognizable offence is one in which the police can arrest without a warrant and investigate without prior permission from a Magistrate. The schedule to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaced the CrPC — classifies offences as cognizable or non-cognizable.
Common cognizable offences include murder, robbery, kidnapping, rape, cheating (above certain thresholds), criminal breach of trust, forgery, assault, domestic violence offences, and many others. For these offences, the obligation to register is not discretionary — it is mandatory under Section 173 of the BNSS.
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 154 of the old CrPC) requires every police officer in charge of a police station to register an FIR when information relating to a cognizable offence is given to them — regardless of the area in which the offence was committed. Refusal to do so is an offence under Section 166 IPC (now Section 197 BNS).
Your Four Remedies — In Order of Escalation
Written Complaint to the Superintendent of Police
Under Section 173(4) of the BNSS, if the officer in charge of a police station refuses to register an FIR, the complainant can send the substance of the information in writing by post to the Superintendent of Police of the district.
If the SP is satisfied that the information discloses a cognizable offence, the SP must either investigate the case personally or direct an investigation by a subordinate officer. This is the first and often fastest escalation — send the written complaint by registered post and keep the acknowledgement.
Complaint Before the Magistrate — Section 175 BNSS
Under Section 175 of the BNSS (formerly Section 156(3) CrPC), a Magistrate having jurisdiction can take cognizance of a cognizable offence and direct the police to register an FIR and conduct an investigation. This is a judicial direction — the police are bound to comply.
A complaint is filed before the relevant Judicial Magistrate or Executive Magistrate. The Magistrate examines the complaint, and if satisfied that it discloses a cognizable offence, can issue a direction to the police station to register an FIR and investigate. This is one of the most effective remedies and is widely used.
Important: It is a well settled principle of law that the Magistrate's power under this provision is to be exercised judiciously — not automatically — and the complaint must clearly disclose the ingredients of a cognizable offence.
Writ Petition Before the High Court
Where the SP has not acted and the Magistrate route is unavailable or has not yielded results, a writ petition can be filed before the Hon'ble Rajasthan High Court under Article 226 of the Constitution seeking a direction to the police to register the FIR.
The High Court can issue a writ of mandamus directing the police to perform their statutory duty of registration. Courts have consistently held that the right to have a cognizable offence registered is part of the right to access justice, and the police cannot be permitted to be a filter at the stage of registration.
This route is particularly appropriate in serious matters — fraud, property crimes, offences by powerful persons — where lower-level pressure is unlikely to produce results.
Complaint Against the Police Officer
Refusal to register an FIR is itself a punishable act under Section 197 of the Bharatiya Nyaya Sanhita (BNS), 2023 — which makes it an offence for a public servant to disobey a direction of law with the intent to cause injury to any person. A separate complaint can be made to the State Human Rights Commission or to the Police Complaints Authority if one exists in the jurisdiction.
Zero FIR — What It Is and When to Use It
A Zero FIR can be filed at any police station regardless of where the offence occurred. The police station that receives the complaint registers the FIR as a "Zero FIR" (numbered separately) and transfers it to the jurisdictionally correct police station for investigation. This is particularly useful when the offence occurred in a different area and the local police are refusing to accept jurisdiction as an excuse for non-registration.
Practical Steps Before Approaching Any Forum
- Reduce everything to writing. When going to the police station, carry a written complaint with full details — date, time, place of offence, names of accused if known, nature of offence. Ask for a receipt or acknowledgement. The police are obligated to give you a copy of the FIR once registered.
- Note the name and badge number of the officer who refuses.
- Keep all evidence safe — documents, messages, photographs, videos — before approaching any forum.
- Act promptly. Delay in reporting offences is used by defence lawyers and can affect credibility in trial.
These remedies apply to cognizable offences. For non-cognizable offences, the police cannot register an FIR without a Magistrate's order — in that case, the correct route is directly before the Magistrate under Section 223 of the BNSS (private complaint).