Police won't register your FIR
For when a police station declines to register an FIR for what you believe is a cognizable offence. The law gives you a written route to the Superintendent of Police, and then to a Magistrate, if the station won't act.
Do this first
- 1
Ask for the reason, and ask for it in writing
If the officer won't register your complaint, ask why and ask them to note the refusal, ideally in writing or in the station's daily diary. You don't need to argue the point at the station.
- 2
Note the date, time and officer
Write down when you went, what you reported, and the name or rank of the officer who declined, if they gave it. You'll need this for your written complaint to the Superintendent of Police.
- 3
Keep your account of the offence itself
Keep whatever written account, evidence or witness details you already have. You'll send the same substance of the complaint onward, not start again from nothing.
Step by step
- 1
Send your complaint in writing to the Superintendent of Police
If an officer in charge of a police station refuses to record your information, you can send the substance of it in writing, by post, to the Superintendent of Police of that district.
Your district's Superintendent or Senior Superintendent of Police and their office address are listed on the Uttarakhand Police site under the district pages. Address your letter there.
Send it by registered post or Speed Post, and keep the receipt.
If the SP is satisfied that it discloses a cognizable offence, the SP must investigate it personally or direct someone else to. Keep a copy of what you send.
- 2
If that does not work, apply to a Magistrate
If the Superintendent of Police also does not act, you can apply to a Magistrate empowered to take cognizance of the offence, asking for the police to be directed to investigate.
Your application must be supported by an affidavit, and should include a copy of what you sent to the Superintendent of Police. The Magistrate can make an inquiry and will consider what the police say before deciding.
An advocate can help you prepare this application and the affidavit correctly.
Still stuck after that? Uttarakhand's CM Helpline takes grievances about any state government office, including the police, and tracks them for you.
- 3
What the law says about registering an FIR
The Supreme Court has held that registering an FIR is mandatory once the information discloses a cognizable offence. There's no discretion to sit on it or wave it away.
A short list of situations, like matrimonial and family disputes, commercial disputes, medical negligence, corruption cases, and cases reported after an unusual delay, allow the police to do a preliminary check first, but even that is meant to be quick (not more than 7 days) and recorded in the station diary, not used as a reason to refuse indefinitely.
Under the current law, for offences punishable with 3 years or more but less than 7 years in prison, the police may similarly hold a short preliminary enquiry, with a senior officer's permission, to be finished within 14 days.
If a preliminary inquiry ends without an FIR, you must be given a copy of the entry closing it, with brief reasons, within a week.
Watch out
- A preliminary check before registration is only meant for a narrow set of situations. It isn't a general reason for a station to refuse your complaint.
- Nobody can get your FIR registered faster for a fee or a favour. Paying for it is a bribe, and it does not give you a stronger case.
- This is a procedural guide. It doesn't tell you whether your case will succeed. For that, speak to an advocate.
When an advocate can help
You can send the written complaint to the SP yourself. An advocate can help with:
- Drafting the written complaint to the Superintendent of Police
- Preparing the application and affidavit for the Magistrate
- Deciding which route fits your situation
Sources
- The Bharatiya Nagarik Suraksha Sanhita, 2023, sections 173 and 175 · Ministry of Home Affairs
- Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1: mandatory FIR registration · Supreme Court of India
- Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287: affidavit required with a magistrate application · Supreme Court of India
- Uttarakhand Police: district SP/SSP offices · Uttarakhand Police
- Uttarakhand CM Helpline · Government of Uttarakhand
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This guide explains how to report a problem through official channels. It is not legal advice.