How to File a Complaint with the Magistrate if Police Refuse FIR — Step-by-Step Guide

If the police refuse to file your FIR for a cognizable offence, you can approach the Judicial Magistrate under Section 156(3) of the CrPC (now Section 175(3) of the BNSS) with an application directing the police to register the FIR and investigate. Under the new BNSS (effective 1 July 2024), you must first exhaust the remedy of complaining to the Superintendent of Police, obtain an affidavit, and the Magistrate must hear the police officer before passing an order. The process takes 1-4 weeks and costs ₹200-1,000 in court fees.

Who can approach the Magistrate if police refuse FIR

• Any person who reported a cognizable offence (an offence where police can arrest without a warrant — murder, robbery, kidnapping, cheating, assault, etc.) at a police station and the officer in charge refused to register it as an FIR
• Any person who attempted to file a complaint under Section 154(1) CrPC / Section 173(1) BNSS and was turned away, told to "settle the matter," or given a runaround
• A person who filed a written complaint with the police but received no FIR acknowledgment within the required timeframe
• The victim, their legal representative, or any person who has knowledge of the cognizable offence

You should not file if:

• The offence is non-cognizable (for which police cannot file an FIR without Magistrate's order) — for non-cognizable offences, you need to file a private complaint under Section 200 CrPC / Section 223 BNSS instead
• You have not attempted to approach the police first — under the BNSS, you must show that you went to the police station and were refused
• Under the new BNSS regime, you have not also approached the Superintendent of Police (SP) under Section 173(4) BNSS with a copy of your complaint — this step is now mandatory before approaching the Magistrate
• The complaint is vague, unverifiable, or does not disclose a cognizable offence — the Magistrate will dismiss it

Documents you will need

Mandatory documents

• Written complaint to police — The original written complaint you submitted at the police station requesting registration of an FIR (keep a copy; get a receipt if possible)
• Application to the Superintendent of Police (SP) — A copy of the complaint you filed with the SP under Section 154(3) CrPC / Section 173(4) BNSS after the SHO refused (this is now mandatory under BNSS)
• Affidavit — A sworn affidavit verifying that you approached the police station and the SP, and that they refused to register the FIR (this is now mandatory under BNSS Section 175(3))
• Application under Section 156(3) CrPC / Section 175(3) BNSS — The formal application to the Magistrate requesting a direction to the police to register the FIR and investigate
• Identity proof — Aadhaar card, PAN card, or government-issued photo ID (photocopy)

Additional documents (if applicable)

• SP's response (if any) — If the SP responded to your complaint and still no action was taken, attach the response
• Evidence of the offence — Any documentary or photographic evidence supporting the commission of the cognizable offence (FIR copies of related matters, medical reports if assault, bank statements if cheating, etc.)
• Witness statements — Written statements from witnesses who can corroborate the offence

Step-by-step process

Step 1: Attempt to file the FIR at the police station

Go to the police station that has jurisdiction over the place where the offence was committed. Submit a written complaint to the Station House Officer (SHO) or the officer in charge, requesting registration of an FIR. Under Section 154(1) CrPC / Section 173(1) BNSS, the police officer is mandatorily required to register an FIR if the information discloses a cognizable offence — refusal to register is itself an offence punishable under Section 166A IPC / Section 172 BNS.

Where: The police station having jurisdiction over the place of the offence How: Submit a written complaint; ask for a dated acknowledgment or receipt

Tip: Always submit the complaint in writing, not orally. If the officer refuses to accept the written complaint, send it by registered post or speed post to the SHO. The postal receipt is proof that you attempted to lodge the complaint. You can also send it via email to the official email ID of the police station (available on the state police website). Under the Supreme Court's direction in Lalita Kumari v. Government of UP (2014), registration of FIR is mandatory when cognizable offence is disclosed — the police have no discretion to refuse.

Step 2: Complain to the Superintendent of Police (SP)

If the SHO refuses to register the FIR, your next step is to submit a written complaint to the Superintendent of Police (SP) of the district under Section 154(3) CrPC / Section 173(4) BNSS. The SP can either:

• Direct the SHO to register the FIR, or
• Investigate the matter himself, or
• Depute a subordinate police officer for investigation

Where: Office of the Superintendent of Police, or send by registered post Timeline: Wait for a reasonable period (7-15 days) for the SP to act

Tip: Under the new BNSS Section 175(3), approaching the SP is a mandatory prerequisite before you can approach the Magistrate. Your application to the Magistrate must include a copy of your complaint to the SP, supported by an affidavit. This is a significant change from the old CrPC where approaching the SP was merely an alternative remedy, not a mandatory one. The Supreme Court in Om Prakash Ambadkar v. State of Maharashtra (2025) confirmed this new mandatory requirement.

Step 3: Prepare the affidavit (mandatory under BNSS)

If the SP also does not act, prepare a sworn affidavit stating:

• That you submitted a written complaint to the SHO at [police station name] on [date] disclosing a cognizable offence
• That the SHO refused to register the FIR
• That you submitted a complaint to the SP under Section 173(4) BNSS on [date]
• That the SP either did not act or his action was inadequate
• That the facts stated are true to your knowledge

Where: Get it notarised or swear it before the Magistrate Cost: ₹50-200 (stamp paper + notarisation)

Tip: The affidavit is a critical document under the new BNSS regime. Without it, the Magistrate cannot entertain your application under Section 175(3). Ensure the affidavit is specific — mention exact dates, police station name, and the SP's office where you complained.

Step 4: Draft and file the application under Section 156(3) CrPC / Section 175(3) BNSS

Draft an application addressed to the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate requesting:

1. That the police be directed to register the FIR based on your complaint
2. That the police be directed to investigate the matter

The application should include:

• Your name, address, and contact details
• Facts of the cognizable offence (chronological narration)
• Sections of IPC/BNS applicable to the offence
• That you approached the SHO and the SP without result
• Copies of the complaint to SHO, complaint to SP, and the supporting affidavit
• Prayer: "Direct the Officer in Charge of [police station] to register an FIR based on the complaint and investigate the matter"

Where: Filing counter of the JMFC / Metropolitan Magistrate Court with jurisdiction Fee: ₹100-500 (court fee stamps, varies by state)

Tip: Your application should clearly demonstrate: (a) the offence is cognizable, (b) you approached the police first, (c) the police refused, (d) you approached the SP, and (e) the SP also did not act. The Magistrate will assess whether a prima facie cognizable offence is disclosed before passing any order.

Step 5: Magistrate considers the application and hears the police officer (BNSS requirement)

Under the new BNSS Section 175(3), the Magistrate must:

1. Consider your application with the supporting affidavit
2. Conduct such inquiry as deemed necessary — this may include calling you for a brief hearing
3. Consider the submissions of the concerned police officer — the Magistrate must hear the police officer's reasons for not registering the FIR

This hearing of the police officer is a new BNSS requirement. Under the old CrPC, the Magistrate could pass orders directing registration without hearing the police.

Timeline: The hearing is typically scheduled within 7-15 days of filing

Tip: The hearing of the police officer does not mean the Magistrate will side with the police. It ensures the Magistrate has the complete picture before passing an order. The Supreme Court has clarified that the police officer's submissions cannot override the mandatory duty to register an FIR for cognizable offences — the Magistrate must pass a reasoned order after hearing both sides.

Step 6: Magistrate passes a reasoned order

After hearing both sides, the Magistrate may:

Option A — Direct the police to register the FIR and investigate: The most common order. The police must comply within the time specified by the Magistrate. This is a judicial direction and non-compliance amounts to contempt of court.

Option B — Take cognizance of the offence himself: The Magistrate may take cognizance under Section 190(1)(a) CrPC / Section 210(1)(a) BNSS and proceed with the complaint as a private complaint under Section 200/223.

Option C — Dismiss the application: If the Magistrate finds that no cognizable offence is disclosed or the application lacks merit. The Magistrate must give reasons for dismissal.

Tip: If the Magistrate directs the police to register the FIR, follow up with the police station within 7 days to confirm registration. The FIR number should be communicated to you. If the police still do not comply, file a contempt application before the Magistrate.

Step 7: Follow up on the investigation

Once the FIR is registered pursuant to the Magistrate's direction:

• The police must investigate the matter as per normal investigation procedure under Chapter XII of CrPC / Chapter XIII of BNSS
• The investigation officer (IO) will collect evidence, record witness statements, and file a report before the Magistrate
• You are entitled to receive a copy of the FIR (free of cost under Section 154(2) CrPC / Section 173(3) BNSS)
• If the police file a closure report (finding insufficient evidence), you have the right to object before the Magistrate

Timeline: Investigation timelines vary — the Magistrate can set a deadline for completion

Tip: Stay in regular contact with the investigating officer. If the investigation appears biased or perfunctory (because the police were forced to register the FIR by the Magistrate), file an application before the Magistrate seeking a transfer of investigation to a different police station or a senior officer.

Fees and costs

How long does it take

Can you do this online?

The application under Section 156(3) CrPC / Section 175(3) BNSS generally requires physical filing at the court. However:

• The initial complaint to the SHO can be sent by email to the police station's official email ID or filed through the state police's online complaint portal (available in many states)
• The complaint to the SP can also be sent by email or through the state police's citizen portal
• Case status can be tracked on https://services.ecourts.gov.in/
• Some district courts accept e-filings through their portals

Practical route: Many states have online FIR filing portals (e-FIR or zero FIR). If the online portal rejects your FIR, take a screenshot — this is strong evidence of refusal for your Magistrate application.

What if things go wrong

Problem: The Magistrate dismisses your application finding no cognizable offence is disclosed

Solution: File a revision petition before the Sessions Court under Section 397 CrPC / Section 442 BNSS, or approach the High Court under Section 482 CrPC / Section 528 BNSS. The High Court can direct the Magistrate to reconsider the application or directly order an investigation if satisfied that a cognizable offence exists.

Problem: The police register the FIR but conduct a sham investigation and file a closure report

Solution: When the police file a closure report (also called "B Report" or "undetected report"), the Magistrate must give you notice. File an objection (protest petition) explaining why the investigation was inadequate. The Magistrate can reject the closure report and direct further investigation, or take cognizance based on the material already available.

Problem: The police officer argues at the hearing that the matter is a civil dispute, not criminal

Solution: The police frequently classify disputes as "civil matters" to avoid registering FIRs. If the facts disclose a cognizable offence (e.g., cheating, criminal breach of trust, forgery), the existence of a civil remedy does not bar the criminal remedy. Cite the Supreme Court's ruling in Lalita Kumari v. Government of UP (2014), which held that registration of FIR is mandatory when cognizable offence is disclosed, and the police cannot refuse on the ground that the matter is civil in nature.

Problem: You did not approach the SP before filing with the Magistrate (under BNSS)

Solution: Under the new BNSS, failing to approach the SP is a procedural deficiency. The Magistrate may return your application with directions to first exhaust the SP remedy. Approach the SP, wait for a response (or for 7-15 days to pass), and then refile before the Magistrate with the affidavit and proof of SP complaint. This two-step prerequisite (SHO first, then SP) is mandatory under BNSS Section 175(3).

Frequently asked questions

Is it mandatory for the police to register an FIR if I report a cognizable offence?

Yes. The Supreme Court in Lalita Kumari v. Government of UP (2014) held that registration of an FIR is mandatory under Section 154 CrPC (now Section 173 BNSS) if the information discloses a cognizable offence. The police have no discretion to conduct a "preliminary inquiry" before registration, except in specific categories like matrimonial disputes, commercial offences, medical negligence, and corruption cases (where a preliminary inquiry of up to 7 days is permitted). For serious offences like murder, robbery, and kidnapping, the FIR must be registered immediately.

What is the difference between Section 156(3) CrPC and Section 175(3) BNSS?

The key difference is that Section 175(3) BNSS introduces three new mandatory requirements that did not exist under Section 156(3) CrPC: (1) The complainant must first approach the SP under Section 173(4) BNSS and attach a copy of the SP complaint; (2) The application must be supported by an affidavit; (3) The Magistrate must hear the submissions of the police officer before passing an order. These changes aim to prevent misuse of the provision but add procedural steps for genuine complainants.

Can I approach the Magistrate under Section 156(3)/175(3) for any offence?

Only for cognizable offences — offences where the police can arrest without a warrant. For non-cognizable offences (e.g., simple assault under Section 352 IPC / Section 74 BNS, defamation, nuisance), the police cannot register an FIR anyway. For non-cognizable offences, you must file a private complaint under Section 200 CrPC / Section 223 BNSS directly with the Magistrate, who may then order the police to investigate under Section 155(2) CrPC / Section 174(2) BNSS.

What if the police verbally refuse but there is no written proof of refusal?

This is common. Under the BNSS, you strengthen your position by: (1) sending the complaint to the SHO by registered post (the postal receipt is proof), (2) emailing the complaint to the police station's official email ID, and (3) filing on the state police online portal (screenshot the submission). The affidavit you file before the Magistrate stating that you approached the police and were refused is itself evidence. Courts accept that police often refuse verbally and do not give written refusals.

Can I file an application under Section 175(3) BNSS against police in another state?

The application must be filed before the Magistrate having jurisdiction where the offence was committed, not where you reside. If the offence occurred in another state, you must file in that state's court. However, you can register a "Zero FIR" at your nearest police station (under Section 173(1) BNSS), which the police must then transfer to the jurisdictional police station. If they refuse even the Zero FIR, approach the Magistrate in whose jurisdiction the offence occurred.

Is there any penalty for police officers who refuse to register FIRs?

Yes. Under Section 166A of the IPC (now Section 172 of the BNS), a public servant who knowingly fails to record information about a cognizable offence is punishable with imprisonment from 6 months to 2 years, along with a fine. Additionally, departmental action can be taken. You can report such refusal to the Superintendent of Police, the State Human Rights Commission, or file a complaint before the Magistrate itself.