If the police gave you an NCR number instead of an FIR, your complaint has not been thrown out. It has been routed. For a non-cognizable offence, Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lets the police only record it and send you to a Magistrate, and only the Magistrate can order an investigation or take up your private complaint. This guide shows the route step by step.
Why this matters
You walk into a police station in India, explain what happened, and walk out with a number and a line that says "NCR" instead of an FIR. It feels like a brush-off. In many cases it is the law working as written: for a non-cognizable offence the police are forbidden from investigating unless a Magistrate orders it, and courts have been quashing cases where they ignored that rule. In December 2025 the Delhi High Court threw out a Magistrate's order that had let police investigate a defamation complaint recorded as an NCR. In January 2026 the Bombay High Court quashed an FIR and trial because police had investigated after an NCR without the Magistrate's permission.
Looking for the short version? Our quick explainer, What Is a Non-Cognizable Report (NCR) and When Is It Filed?, covers the basics. This guide goes deeper.
So the NCR is the start of a different route, not the end of your complaint. This guide explains what the police must do, what they cannot do, the exact steps that move your matter forward, and how to tell when the police have wrongly put a serious matter into the NCR box.
First, what is a "non-cognizable" offence?
The BNSS defines it in one line: a non-cognizable offence is one for which a police officer has no authority to arrest without a warrant (Section 2(1)(o) BNSS). A cognizable offence is the reverse: the police can arrest without a warrant (Section 2(1)(g) BNSS). Whether a particular offence is cognizable is not left to the officer's mood. Each offence is classified in the First Schedule to the BNSS.
Offences that are non-cognizable under the First Schedule include:
| What happened | Offence (BNS 2023) | Classification | Maximum punishment |
|---|---|---|---|
| Simple hurt, such as a slap or push causing minor injury | Section 115(2) | Non-cognizable, bailable | 1 year, or fine up to ₹10,000, or both |
| Assault or criminal force on ordinary provocation | Section 131 | Non-cognizable, bailable | 3 months, or fine up to ₹1,000, or both |
| Intentional insult meant to provoke a breach of peace | Section 352 | Non-cognizable, bailable | 2 years, or fine, or both |
| Criminal intimidation (a threat) | Section 351(2) | Non-cognizable, bailable | 2 years, or fine, or both |
| Defamation | Section 356(2) | Non-cognizable, bailable | 2 years simple imprisonment, or fine, or both, or community service |
| Ordinary cheating | Section 318(2) | Non-cognizable, bailable | 3 years, or fine, or both |
| Mischief (damage to property) | Section 324(2) | Non-cognizable, bailable | 6 months, or fine, or both |
Do not read this table as "all small matters are NCRs." Several offences people think of as minor are cognizable: grievous hurt (Section 117(2)), hurt by a dangerous weapon (Section 118(1)), cheating that induces delivery of property (Section 318(4)), criminal trespass (Section 329(3)), and insulting the modesty of a woman (Section 79). Police have to register an FIR for those.
Mixed cases go the cognizable way. If one incident involves several offences and at least one is cognizable, the whole case is treated as cognizable (Section 174(4) BNSS). A fight that includes both a slap (non-cognizable) and a knife attack (cognizable) is an FIR case, not an NCR case.
What the police must do when you report a non-cognizable offence
Section 174(1) BNSS gives the officer in charge of the police station exactly two jobs:
- Record the substance of your information in the register kept for this purpose, in the form your State Government prescribes.
- Refer you, the informant, to the Magistrate, and forward the daily diary report of all such cases to the Magistrate every fortnight.
That is the whole list. The same section then closes the door on everything else: no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try the case or commit it for trial (Section 174(2) BNSS). And a person concerned in a non-cognizable offence cannot be arrested except under a warrant or order of a Magistrate (Section 35(2) BNSS).
Important: The fortnightly diary report means the Magistrate's court is told about every NCR entry. Note your NCR number and date. If you later apply to the Magistrate, quote it.
The Supreme Court on why this is strict
The rule is not a technicality. In State of Haryana v. Ch. Bhajan Lal (decided 21 November 1990), the Supreme Court listed the situations in which a criminal case can be quashed. One is where the allegations "do not constitute a cognizable offence but constitute only a non-cognizable offence," in which case "no investigation is permitted by a police officer without an order of a Magistrate."
In Keshav Lal Thakur v. State of Bihar (11 October 1996), police registered a case for a non-cognizable offence, investigated without any Magistrate's order, and filed a report on which the Magistrate took cognizance. The Supreme Court quashed the proceedings: police could not register such a case as an FIR, and without the Magistrate's order they could neither investigate nor submit a report on which cognizance could be taken.
Tilaknagar Industries Ltd. v. State of A.P. (19 October 2011) repeats the point in strong words: the safeguard in Section 155(2) of the old Code (now Section 174(2) BNSS) "must be strictly followed, since they are conceived in public interest and as a guarantee against frivolous and vexatious investigation." The Court quashed a Magistrate's order sending a complaint to the police because the complaint disclosed no cognizable offence.
Step by step: what happens and what you do
Step 1: Report the incident and ask for the NCR entry
Go to the police station within whose limits the incident happened. State the facts clearly, including names, dates, places and any witnesses. If the officer says it is an NCR matter, ask which offence they have recorded and ask for the NCR number and date.
In practice: Section 174 does not itself say you are entitled to a copy of the NCR (the free-copy rule in Section 173(2) BNSS is for FIRs). Ask for one anyway, or at least photograph the entry with its number. A copy can also be sought through an RTI application.
Step 2: Do not expect an investigation yet
The police will not call the other side, take statements, or arrest anyone on the NCR alone. That is the law, not a favour being withheld. Pressing the station repeatedly for action wastes time.
Step 3: Go to the Magistrate. You have two routes
The NCR does not stop you. Both routes below lead to the Magistrate, and both are available to you directly. The Bombay High Court (Nagpur Bench) set them out in Arshiya Anjuman Shakiluddin v. State of Maharashtra (8 December 2025), quoting its earlier ruling: the informant may either apply to the Magistrate for a direction to the police to investigate, or file a complaint before the Magistrate.
Route A: Apply for an order allowing the police to investigate.
- You file a short application before the Magistrate (under Section 174(2) BNSS) explaining the incident and attaching your NCR entry.
- If the Magistrate is satisfied, the order lets the police investigate. The officer then has the same powers as in a cognizable case, except the power to arrest without a warrant (Section 174(3) BNSS).
- This route suits cases where you need police help to gather evidence you cannot get yourself, such as CCTV footage, call records or tracing a person.
Route B: File a private complaint.
- You file a written complaint before the Magistrate. The Magistrate can take cognizance on a complaint of facts that constitute an offence (Section 210(1)(a) BNSS).
- The Magistrate must examine you on oath, and the substance is written down and signed (Section 223(1) BNSS).
- New under the BNSS: no cognizance can be taken without giving the accused an opportunity of being heard (first proviso to Section 223(1)).
- If the Magistrate takes cognizance, the accused is summoned. As the offences are bailable, bail is a matter of right.
- This route suits cases where you already have your evidence (messages, bills, medical papers, witnesses) and mainly want the court process to start.
Which is better? If the evidence is in your hands, Route B is usually quicker and puts you in control. If evidence sits with others or needs tracing, Route A is the better fit.
Step 4: Keep track of the clock
Courts cannot take cognizance of minor offences after a fixed period (Section 514 BNSS). The period depends on the maximum punishment:
| Maximum punishment | Time limit to take cognizance | Examples from the table above |
|---|---|---|
| Fine only | 6 months | None of the above |
| Imprisonment up to 1 year | 1 year | Simple hurt (115(2)), mischief (324(2)), assault (131) |
| Imprisonment above 1 year, up to 3 years | 3 years | Intimidation (351(2)), insult (352), defamation (356(2)), cheating (318(2)) |
The section's Explanation fixes the relevant date as the date of filing the complaint under Section 223 or the date of recording of information under Section 173. Note what it does not mention: the date of an NCR entry under Section 174. Do not assume the NCR entry stops the clock. File with the Magistrate promptly, and well inside the period.
Special rule for defamation
Defamation is where NCR mistakes are most common, and a recent Delhi High Court ruling shows why. Section 222(1) BNSS says no court may take cognizance of defamation (Section 356 BNS) except upon a complaint made by the person aggrieved.
In Ayesha Ashfaq Khan v. State (NCT of Delhi) (CRL.M.C. 495/2021, decided 15 December 2025), police had recorded an NCR on a defamation complaint and then, on their own application, got a Magistrate's permission to investigate. The Delhi High Court quashed that permission. It held that no direction for police investigation could be given for defamation, because cognizance can only follow a complaint by the aggrieved person before the Magistrate: "neither registration of FIR nor police investigations can be undertaken" for it. The Court left the complainant free to pursue his remedy in accordance with law, meaning the complaint route.
The Court also made two other points that matter more widely. First, the officer should have referred the informant to the Magistrate instead of approaching the Magistrate himself. Second, it treated that slip as a curable irregularity done in good faith, which does not by itself wipe out the proceedings. Courts do not all treat a skipped Magistrate's order the same way, as the next section shows.
What happens if the police investigate an NCR without the Magistrate's order
Courts have been firm that the order is mandatory, but they differ on what follows when it is skipped.
- Bombay High Court, Nagpur Bench, Umesh Chandrika Prasad Yadav v. State of Maharashtra (27 January 2026). An NC report was first recorded; police then investigated without seeking the Magistrate's permission and filed a chargesheet. The Court held the investigation illegal and quashed the FIR and the trial proceedings as against the applicant, recording that, under Section 155 CrPC and Section 174 BNSS, obtaining the Magistrate's permission is mandatory.
- Delhi High Court, Ayesha Ashfaq Khan (15 December 2025). Treated a procedural slip as an irregularity in good faith (Section 460 CrPC) but still quashed the investigation permission for the separate, deeper reason described above.
- Allahabad High Court, two rulings, different results. In Mahendra Kumar Chaudhary v. State of U.P. (1 December 2021), the case began as an NCR for hurt and insult, was investigated on a Magistrate's order, and ended in a police report. The Court held that the explanation to the definition of "complaint" (which would treat a police report on a non-cognizable offence as a complaint) did not apply, because the case began as a non-cognizable matter, and it refused to quash the cognizance. In Mohd. Akhtar v. State of U.P. (9 December 2025), a similar NCR-origin case, the Court set aside the cognizance order and sent the matter back to the Magistrate to pass a fresh order in accordance with law, after hearing that the Magistrate could follow the complaint-case procedure.
What this means for you: if you are the complainant, make sure the Magistrate's order exists and is on record before the police investigate, because a case built without it can be challenged. If you are the accused in a case that grew out of an NCR, check whether a Magistrate's order was passed, and take legal advice, because the consequences differ from case to case.
What if the police should have registered an FIR instead?
Sometimes the facts you report are serious but the police record them as an NCR. The Supreme Court's Constitution Bench in Lalita Kumari v. Government of Uttar Pradesh (12 November 2013) held that registration of an FIR is mandatory if the information discloses a cognizable offence, and that no preliminary inquiry is permitted in that situation. A limited preliminary inquiry is allowed only when it is unclear whether a cognizable offence is disclosed, and the Court said it should be time-bound and the reasons recorded in the General Diary. The Court also directed that action be taken against officers who do not register an FIR in a cognizable case.
The BNSS builds on this. For cognizable offences punishable with three years or more but less than seven, the officer in charge can, with prior permission of an officer not below Deputy Superintendent of Police, hold a preliminary enquiry for up to fourteen days before deciding whether to proceed (Section 173(3) BNSS). For other cognizable offences, the FIR must be registered.
If you believe an FIR should have been registered:
- Check the First Schedule classification of the offence that your facts disclose, and whether any offence in your facts is cognizable. If even one is, the case is cognizable (Section 174(4) BNSS).
- Write to the Superintendent of Police (SP), sending the substance of your information in writing by post (Section 173(4) BNSS). If the SP is satisfied that it discloses a cognizable offence, he must investigate or direct an investigation.
- If that fails, apply to the Magistrate under Section 175(3) BNSS for a direction to register the FIR and investigate. The Supreme Court's January 2025 ruling in Om Prakash Ambadkar v. State of Maharashtra (2025 INSC 139) explains the BNSS changes: the Magistrate must consider the application to the SP supported by an affidavit, may hold such inquiry as needed, and must hear the police officer's submission before ordering an investigation. The Court also repeated that the Magistrate must apply judicial mind and cannot act as a post office. Earlier, in Priyanka Srivastava v. State of U.P. (19 March 2015), the Court had required prior approaches to the police and an affidavit for such applications.
Can you skip all this and go straight to the High Court?
Usually not. Two courts said so in the last year.
In Kunal Yadav v. Manan Kumar Mishra (W.P.(CRL) 2850/2026, Delhi High Court, 21 September 2026), advocates who said they had been beaten and slapped at an office complex asked the High Court for a writ directing an FIR and an independent investigation. The Court dismissed the petition as not maintainable. It reasoned that a complaint alleging only that people were beaten, slapped and dragged, with no weapon, amounts at most to hurt, a non-cognizable offence, so "in view of Section 174 BNSS it is only the concerned magistrate, who can act" and no police officer shall investigate it. The petitioners' remedy was a complaint before the Magistrate under Section 223 BNSS. The Court also noted that they had not even written to the DCP (the Delhi equivalent of the Superintendent of Police), and rejected the argument that a Magistrate could not direct steps like seizing CCTV footage.
The same judgment records two 2026 Supreme Court rulings on the point, as quoted by the High Court: the Supreme Court held that the sequence of Superintendent of Police under Section 173(4) BNSS, then the Magistrate under Section 175, or a complaint under Section 223, is a complete and efficacious statutory scheme, and that a writ petition for an FIR filed without first using it is premature. (I have cited these only as recorded in the Delhi High Court's judgment.)
The Bombay High Court (Nagpur Bench) said much the same in Arshiya Anjuman Shakiluddin (8 December 2025): once the police have recorded the report as non-cognizable, the informant's option is to approach the Magistrate under Section 155 CrPC (Section 174 BNSS), and a prayer to register an FIR will not be maintainable.
Caution: A High Court writ is not a shortcut. The exceptions are real emergencies, such as danger to life or liberty. For everything else, use the SP-then-Magistrate sequence for cognizable offences, and the Magistrate directly for non-cognizable ones.
The Magistrate's power under Section 175(3) is for cognizable cases. It does not turn a non-cognizable offence into an FIR matter. For a non-cognizable offence the Magistrate's power is the Section 174(2) order described in Step 3.
What if the police refuse to record even an NCR?
Section 174(1) uses the word "shall." The officer has no discretion to turn you away. If the station refuses:
- Send the same information in writing to the Superintendent of Police by registered post and keep the postal receipt.
- Go to the Magistrate directly. A private complaint (Route B) does not depend on any police record. The NCR is helpful evidence that you reported the matter, not a precondition.
Common myths
Myth: An NCR means the police ignored your complaint. Reality: For a non-cognizable offence it is the correct first step. The police are doing what the law allows them to do, and the next step is yours.
Myth: Police can arrest the accused on the basis of an NCR. Reality: No arrest without a warrant or Magistrate's order for a non-cognizable offence (Section 35(2) BNSS), and even when the Magistrate orders an investigation, the police do not get the power to arrest without a warrant (Section 174(3) BNSS).
Myth: An NCR can be turned into an FIR just by asking. Reality: Only if the facts disclose a cognizable offence. The route to that is the SP and then the Magistrate under Sections 173(4) and 175(3) BNSS.
Myth: An NCR has no value. Reality: It is an official record that you reported the matter, and its diary entry reaches the Magistrate fortnightly. Keep it with your complaint.
Myth: Only a lawyer can approach the Magistrate. Reality: Any person can file a complaint or application. A lawyer helps, but is not required.
Can the matter be settled?
Most offences that end up as NCRs are compoundable by the victim without court permission: simple hurt (115(2)), assault (131), mischief (324(2)), cheating (318(2)), criminal intimidation (351(2), 351(3)), insult to provoke a breach of peace (352), and defamation (356(2)) are all listed in Section 359(1) BNSS. A compromise has the effect of an acquittal of the accused (Section 359(8) BNSS). Settlement does not need to wait for a trial, but get the terms in writing and file them before the Magistrate so that the case is closed on record.
Documents and resources you need
- NCR number and date (or a photo of the entry)
- Written statement of facts with dates, places, names of those involved and witnesses
- Evidence: messages, emails, bills, photographs, medical certificates, CCTV details
- ID proof and address proof for filing before the Magistrate
- Postal receipts for any letter to the SP
- Free legal aid: NALSA helpline 15100, or the District Legal Services Authority at the district court
- First Schedule to the BNSS: the classification table for every offence; your lawyer or the court registry can show it
Does this guide apply to old incidents?
The BNSS replaced the Code of Criminal Procedure, 1973 from 1 July 2024. For incidents and complaints from before that date, the older provisions (Section 155 CrPC and its neighbours) may govern, and the BNSS's transitional rules decide the detail. The reasoning in the pre-2024 rulings above carries over because Section 174 BNSS repeats Section 155 CrPC almost word for word, with one addition: the duty to forward the daily diary report fortnightly to the Magistrate. If your matter straddles the cut-off date, ask a lawyer which Code applies.
The law behind this
| Aspect | Old Law (CrPC 1973) | New Law (BNSS 2023) |
|---|---|---|
| Non-cognizable offence defined | Section 2(l) | Section 2(1)(o) |
| Cognizable offence defined | Section 2(c) | Section 2(1)(g) |
| Recording an NCR and referring informant to Magistrate | Section 155(1) | Section 174(1) |
| Bar on police investigating without Magistrate's order | Section 155(2) | Section 174(2) |
| Powers once the order is made (no warrantless arrest) | Section 155(3) | Section 174(3) |
| Mixed cognizable and non-cognizable offences | Section 155(4) | Section 174(4) |
| No arrest in non-cognizable case without warrant/order | No express equivalent (follows from Section 2(l)) | Section 35(2) |
| FIR in cognizable cases | Section 154 | Section 173 |
| Complaint to SP after refusal to register FIR | Section 154(3) | Section 173(4) |
| Magistrate's direction to investigate (cognizable cases) | Section 156(3) | Section 175(3) |
| Cognizance by Magistrate | Section 190 | Section 210 |
| Examination of complainant | Section 200 | Section 223 |
| Defamation: complaint by aggrieved person only | Section 199 | Section 222 |
| Limitation for minor offences | Section 468 | Section 514 |
| Compounding | Section 320 | Section 359 |
Frequently asked questions
Is an NCR the same as an FIR? No. An FIR starts a police investigation for a cognizable offence (Section 173 BNSS). An NCR only records the substance of a complaint about a non-cognizable offence, after which the police must send you to a Magistrate (Section 174 BNSS). The police cannot investigate or arrest on an NCR alone.
Can I demand that the police register an FIR instead of an NCR? Only if the offence you describe is cognizable. For a cognizable offence the police must register an FIR without a preliminary inquiry (Lalita Kumari, Constitution Bench, 2013). For a non-cognizable offence they cannot. If you think the police classified it wrongly, write to the Superintendent of Police under Section 173(4) BNSS and then apply to the Magistrate.
Will the accused be arrested after an NCR? No. A person concerned in a non-cognizable offence cannot be arrested except under a warrant or order of a Magistrate (Section 35(2) BNSS). An NCR itself carries no arrest power.
Is there a deadline to act after an NCR is recorded? There is no deadline for recording an NCR, but courts cannot take cognizance of minor offences after the limitation in Section 514 BNSS: six months for fine-only offences, one year where the maximum jail term is up to one year, and three years where it is above one and up to three years. File your complaint with the Magistrate promptly.
Do I need a lawyer to approach the Magistrate after an NCR? No. Any person can file a complaint or an application before the Magistrate. A lawyer helps with drafting and with the Magistrate's questions, and free legal aid is available through the Legal Services Authority (helpline 15100).
Can an NCR case be settled? Yes, for most offences that are typically recorded as NCRs. Voluntary hurt, assault, mischief, cheating, criminal intimidation, insult and defamation can be compounded by the victim without court permission under Section 359(1) BNSS, and the compounding has the effect of an acquittal.
This guide is general legal information for readers in India, not legal advice for your situation. Offence classifications and procedure can change with amendments and State rules; confirm the current position with a lawyer or your District Legal Services Authority before you act.