A Non-Cognizable Report (NCR) is a record made by the police when you report a non-cognizable offence — a less serious offence for which the police cannot arrest without a warrant or investigate without a Magistrate's order. Under Section 174 of the BNSS (earlier Section 155 CrPC), when you report such an offence, the police must record the substance of your complaint in a designated register and then refer you to the Magistrate for further action. An NCR is not the same as an FIR — it is a different type of record with different legal consequences.
Why this matters
Many people visit the police station expecting an FIR to be filed, only to be told that "we can only file an NCR." This often feels like a brushoff — as if the police are not taking your complaint seriously. But in many cases, the police are following the law correctly. If the offence is genuinely non-cognizable, the police are legally prohibited from registering an FIR or investigating without Magistrate orders. Understanding what an NCR is, and what to do after getting one, ensures you do not waste time at the police station and instead take the correct next step — approaching the Magistrate.
When is an NCR filed?
An NCR is filed when the offence you are reporting is non-cognizable — meaning it falls in the category where police cannot act independently. Common situations where an NCR (not an FIR) is filed include:
- Verbal abuse or insults (not amounting to criminal intimidation)
- Simple defamation — someone has damaged your reputation through statements
- Minor hurt — a slap or push that causes no serious injury
- Cheating involving smaller amounts (depending on the specific offence classification)
- Public nuisance — noise, obstruction, minor disturbances
- Minor mischief — damage to property below certain thresholds
- Breach of contract treated as a criminal matter in specific cases
The classification of whether an offence is cognizable or non-cognizable is listed in the First Schedule of the BNSS. The police are required to check this schedule when they receive your complaint.
What happens when an NCR is filed
Step 1: Police record the substance of your complaint
The officer in charge records the gist of your complaint in a register maintained for non-cognizable offences. Under the Delhi NCR Rules 2025 (notified under Section 174 BNSS), this is now done electronically on the CCTNS (Crime and Criminal Tracking Network and Systems) portal.
Step 2: You receive a copy
You are entitled to a free copy of the NCR. Ask for it — it is proof that you reported the matter to the police.
Step 3: Police refer you to the Magistrate
The police must direct you to approach the Magistrate's court for further action. This is not optional — the police are legally required to tell you this.
Step 4: Police cannot investigate without Magistrate's order
Section 174(2) of the BNSS is clear: no police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such a case. This is a statutory prohibition, not a discretionary choice.
What to do after getting an NCR
File a private complaint before the Magistrate
This is your primary remedy. Under Section 223 of the BNSS (earlier Section 200 CrPC):
- Draft a written complaint describing the offence, the accused, and the facts
- File it before the Magistrate having jurisdiction over the area where the offence occurred
- The Magistrate may examine you on oath and record your statement
- If satisfied, the Magistrate can:
- Order the police to investigate the matter (Section 175(3) BNSS)
- Issue process (summons or warrant) against the accused directly
- Dismiss the complaint if it lacks substance
Important: A private complaint before the Magistrate is a powerful remedy. The Magistrate can direct the police to investigate, which they cannot do on their own for non-cognizable offences.
Send a copy of the NCR to a lawyer
Have a lawyer review the NCR and advise whether the offence might actually be cognizable (in which case the police should have filed an FIR) or whether the private complaint route is the correct path.
What if things go wrong
If police refuse to even record an NCR
This is wrong. Under Section 174 BNSS, the police must record the substance of information relating to a non-cognizable offence. If they refuse:
- Write a complaint to the Superintendent of Police (SP)
- Send the complaint by registered post for proof of delivery
- File the private complaint directly before the Magistrate
If the police wrongly classify a cognizable offence as non-cognizable
This does happen. If you believe the offence is actually cognizable (serious enough for the police to register an FIR and investigate), you can:
- Point out the relevant section and classification from the First Schedule of the BNSS
- Escalate to the SP or DIG in writing
- Approach the Magistrate under Section 175(3) BNSS and request a direction for FIR registration
- The Supreme Court in Lalita Kumari v. Govt. of UP (2014) held that if information discloses a cognizable offence, the FIR must be registered — no preliminary inquiry is needed
If the Magistrate dismisses your private complaint
You can file a revision petition before the Sessions Court or the High Court challenging the Magistrate's order. Consult a lawyer for this step.
Documents and resources you need
- Copy of NCR: Always take a copy from the police station
- Written complaint for Magistrate: Draft with all facts, dates, and evidence
- ID proof: For filing before the Magistrate
- Evidence: Documents, photos, messages, witness statements
- NALSA helpline: 15100 (for free legal aid in filing the private complaint)
- First Schedule, BNSS: Available at indiacode.nic.in (to check offence classification)
Common myths
Myth: An NCR means the police are ignoring your complaint. Reality: For non-cognizable offences, the NCR is the legally correct procedure. The police are following the law — they simply do not have the power to investigate without the Magistrate's approval.
Myth: An NCR has no legal value. Reality: An NCR is an official police record. It documents that you reported the matter, and it can be presented before the Magistrate as part of your private complaint.
Myth: If the police file an NCR, you have no further recourse. Reality: You have a clear next step — file a private complaint before the Magistrate under Section 223 BNSS. The Magistrate can order investigation, issue summons, or take other action.
Myth: Only a lawyer can file a private complaint before the Magistrate. Reality: Any person can file a private complaint. However, having a lawyer draft and present the complaint improves its chances of being taken up promptly.
The law behind this
| Aspect | Old Law (CrPC) | New Law (BNSS) |
|---|---|---|
| NCR recording | Section 155(1) | Section 174(1) |
| Bar on police investigation | Section 155(2) | Section 174(2) |
| Private complaint to Magistrate | Section 200 | Section 223 |
| Magistrate directing investigation | Section 156(3) | Section 175(3) |
| Non-cognizable offence defined | Section 2(l) | Section 2(o) |
Frequently asked questions
Is there a time limit for filing an NCR? There is no specific time limit, but you should report the matter as soon as possible. For certain offences, there are limitation periods under Section 514 BNSS for the court to take cognizance.
Can an NCR be converted into an FIR? If the police or the Magistrate determines that the offence is actually cognizable, the NCR can effectively be converted into an FIR. The Magistrate can also order the police to register an FIR if the complaint reveals a cognizable offence.
Do I need a lawyer to file a private complaint? No, but it is highly recommended. A lawyer can ensure the complaint is properly drafted, the correct sections are cited, and the presentation before the Magistrate is effective.
Will the police arrest the accused based on an NCR? No. The police cannot arrest anyone for a non-cognizable offence without a warrant from the Magistrate. The arrest can only happen after the Magistrate issues a warrant.
Can I file an NCR online? Some states are digitising the NCR process. Under the Delhi NCR Rules 2025, NCRs are recorded electronically on the CCTNS system. Check your state police portal for online NCR filing options.