Police Refusing to Register FIR? What to Do under BNSS Sections 173(4) and 175(3)

If the police refuse to register an FIR for a cognizable offence, send the substance of your complaint in writing to the Superintendent of Police under Section 173(4) of the BNSS. If that also fails, apply to the Magistrate under Section 175(3) BNSS with an affidavit, asking for a direction to investigate. The Supreme Court in Lalita Kumari (2013) held that registering an FIR is mandatory when a cognizable offence is disclosed.

Why police refuse, and why that is usually wrong

Common reasons given at the desk: “the crime happened in another area”, “this is a civil matter”, “bring proof first”, “compromise kar lo”. The first is no longer an excuse at all: Section 173(1) BNSS allows information to be given at any police station irrespective of where the offence happened (zero FIR). The others are valid only in limited cases.

In Lalita Kumari v. Government of Uttar Pradesh (2013), the Supreme Court said that if the information discloses a cognizable offence, the FIR must be registered. A preliminary inquiry is allowed only in limited categories. Under the BNSS, a statutory preliminary enquiry is permitted for offences punishable with 3 years or more but less than 7 years, with DSP-level permission, and it must be finished within 14 days (Section 173(3)). If your offence is punishable with seven years or more, there is no room for delay.

Genuine exceptions: if the facts disclose only a non-cognizable offence, police enter it in a register and refer you to the Magistrate. If the dispute is purely civil (for example, a simple non-payment with no deception from the start), police may be right that a civil remedy fits better. Be honest with yourself about which category your matter falls into.

Step-by-step escalation

1. Give a written complaint at the police station. Take two copies. Ask the duty officer to stamp or sign the second copy as received. If they refuse to receive it, note the time, date and officer’s name.
2. Send it by post and email. Send the same complaint to the SHO by registered post or speed post with tracking, and to the police station’s official email if available. This creates proof that it was delivered.
3. Approach the Superintendent of Police (Section 173(4)). Send the substance of the information in writing, by post, to the SP (or the Deputy Commissioner of Police in commissionerate cities). Attach the earlier complaint and proof of refusal. Under Section 173(4), the SP, if satisfied that a cognizable offence is disclosed, will either investigate personally or direct a subordinate to investigate.
4. Use the state police online portal. Most state police departments run online complaint portals or apps. File there too and save the acknowledgement number. It adds another dated record.
5. Apply to the Magistrate (Section 175(3)). If the SP route does not work, file an application before the Judicial Magistrate having jurisdiction. Section 175(3) requires that you have already made an application to the SP under Section 173(4), and that your application to the Magistrate is supported by an affidavit. The Magistrate may make such inquiry as needed and consider the police officer’s submissions before ordering investigation.

Keep proof at every stage

Your Section 175(3) application will be judged on paper. Build that paper trail from day one:

• Stamped copy of the complaint given at the police station, or a note of refusal with time and officer’s name.
• Postal receipts and tracking printouts for letters to the SHO and SP.
• Sent emails with attachments (save as PDF).
• Online portal acknowledgements and screenshots.
• All evidence of the offence itself: medical reports, bank statements, messages, photos.
• A simple dated timeline of every step you took.

A real-life style example

Ramesh, a shopkeeper in Kanpur, pays ₹2 lakh to a supplier who vanishes after giving fake invoices and a forged delivery receipt. The local station says it is a “business dispute”. Ramesh gives a written complaint at the station and keeps the stamped copy. Hearing nothing, he sends the complaint with the forged documents to the SP by speed post under Section 173(4) and files on the state police portal. After two weeks with no action, his lawyer files an application under Section 175(3) before the Magistrate, with an affidavit and copies of all postal receipts. The Magistrate calls for a police report and then directs investigation.

Other routes, briefly

Where police misconduct is involved (for example, threats or illegal detention), complaints can also be made to senior officers, to the State or National Human Rights Commission, or to a Police Complaints Authority where the state has set one up. Their powers and procedures differ from state to state, so treat these as additional pressure points, not substitutes for the Section 173(4) and 175(3) route. In serious cases, a writ petition before the High Court is also possible, but courts generally expect you to use the statutory remedies first.

Frequently asked questions

Can I go straight to the Magistrate without writing to the SP?

Under Section 175(3) BNSS, the Magistrate considers an application made after you have approached the SP under Section 173(4). Skipping the SP step weakens your application.

Does the application to the Magistrate need an affidavit?

Yes. Section 175(3) requires the application to be supported by an affidavit.

Can police refuse because the offence happened in another district?

No. A zero FIR must be registered under Section 173(1) BNSS and transferred to the police station with jurisdiction.

Is filing an online complaint the same as an FIR?

Not always. An online complaint is a record that you reported. An e-FIR becomes a registered FIR only after you sign it within three days.

What if the offence is non-cognizable?

Police cannot investigate without a Magistrate’s order. They record it in a register and refer you to the Magistrate.

Quick quiz

To learn the whole FIR, arrest and bail process step by step, take the Everyday Law for Every Indian course (₹349). For section-by-section study of the new codes, see New Criminal Laws: BNS, BNSS and BSA (₹499).

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 173(1), 173(3), 173(4), 175(3)
• Lalita Kumari v. Government of Uttar Pradesh, Supreme Court (Constitution Bench), 2013
• Protection of Human Rights Act, 1993 (general reference to human rights commissions)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.