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Can You Be Denied Police Support? What to Do If the Police Refuse to Register an FIR
What Is an FIR and Why It Matters
An FIR (First Information Report) is the official record of a cognizable offence. Without it, police cannot take any action — like arrest or investigation.
It’s your legal right to file an FIR if you are a victim or witness of serious crimes like rape, assault, kidnapping, or domestic violence.
Are Police Required to File Your FIR?
Yes. Under Section 154(1) CrPC, police must register an FIR for cognizable offences without delay or conditions.
- They cannot ask you to “wait” or “get approval”
- They must record your oral or written complaint
- They must give you a copy of the FIR — for free
What to Do If the Police Refuse to File It
Step 1: SHO Complaint
Submit a written complaint to the Station House Officer (SHO). Ask for a receipt or signature acknowledging your complaint.
Step 2: Contact the SP
Send your written complaint to the Superintendent of Police (SP) or Commissioner. They can direct officers to act or shift the case to another station.
Step 3: File Before a Magistrate
Under Section 156(3) CrPC, you can file a complaint with the Judicial Magistrate. The court can order the police to register the FIR and start an investigation.
Can Women Demand a Female Officer?
Yes. In cases involving women, you have the right to be examined or spoken to by a female officer or constable, especially in complaints of sexual violence.
The statement can also be recorded at home or a place of your choice, in the presence of someone you trust.
Alternative Ways to File Complaints
- Online FIR: Visit your state police website for digital FIR filing
- NCW Portal: ncw.nic.in
- Legal Aid: Contact DLSA for free assistance
- NHRC: File complaints against police misconduct
Legal Action Against Police
Police refusal to file an FIR is a punishable offence. In the landmark judgment Lalita Kumari v. Govt. of U.P. (2014), the Supreme Court ruled:
Police must register an FIR immediately for cognizable offences. No delay or inquiry is allowed.
Complain to:
- State Police Complaint Authority
- National or State Human Rights Commission
- Courts under misconduct or contempt of court
Final Thoughts
The law is on your side. If the police deny you justice, there are legal paths to ensure your voice is heard. Use your rights, and don’t give up, the police are generally very cooperative in such cases, and victims do not face any problems registering their complaints with the police.