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How to File a Complaint Against Police Inaction in Rape Cases
Detailed information on How to File a Complaint Against Police Inaction in Rape Cases
Your Right to File an FIR
Rape is a cognizable offence under Section 376 of the Indian Penal Code. Under Section 154 CrPC, the police must (are required to by law) register an FIR immediately—it is not discretionary, and no preliminary inquiry is permitted. This is a principle affirmed by the Supreme Court in multiple judgments.
What the above paragraph is saying is as follows:
If a woman goes to the police to report rape, the police are legally required to file an FIR (First Information Report) immediately. They cannot refuse, delay, or say they need to “look into the matter first.” That’s because rape is a serious crime (called a cognizable offence-police can make an arrest in a cognizable offence without prior approval from a magistrate) under Indian law—specifically under Section 376 of the Indian Penal Code.
The law under Section 154 of the Criminal Procedure Code (CrPC) clearly says that when someone reports a serious crime like this, the police must register the complaint right away. They are not allowed to do a “preliminary investigation” first or use their own judgment to decide whether the FIR should be filed or not.
The Supreme Court of India has also confirmed this in many cases: filing the FIR in such situations is not optional—it’s a legal duty. Hence, in 2025 victims of rape officially receive the full support, priority and cooperation of the police. As a result, victims of sexual violence such as rape or molestation anywhere in India, need not fear the police, and are encouraged to seek justice by approaching and reporting their situation to the local police who will help them.
↑ Back to TopWhy FIR May Be Refused
Sometimes, police (in very rare cases only) may refuse to file an FIR due to:
- Mistaken belief about lack of prima facie evidence
- Influence from powerful individuals
- Jurisdictional confusion or procedural errors
- Victim-blaming or misunderstanding the seriousness of the complaint
Legal Remedies If Police Refuse
If your FIR is refused, you can:
- Submit a written complaint to the SP or Police Commissioner, requesting registration of an FIR.
- File a Section 156(3) CrPC petition before a Judicial Magistrate to order the FIR registration.
- Reach out to the National Commission for Women or State Commissions to intervene.
- Use online police grievance portals or state grievance cells.
- File a Writ Petition under Article 226 in High Court for protection of fundamental rights.
How to File a Section 156(3) CrPC Petition
To file under Section 156(3):
- Prepare an affidavit detailing the incident, location, timeframe, and refusal by the police.
- Attach a copy of your written complaint to police and any evidence you have.
- Submit the petition before the Magistrate with jurisdiction over where the crime occurred.
- If the Magistrate finds the case credible, they may order the police to register FIR and start investigation.
This tool is particularly effective when the police refuse repeatedly or avoid investigating. Courts generally act quickly in such cases.
↑ Back to TopLatest Directive: FIR Must Be Registered
A recent directive by the Maharashtra State Police Complaints Authority mandates that if a complaint clearly discloses a cognizable offence, the police must register an FIR without delay—no preliminary inquiry allowed. This aligns with long-standing Supreme Court principles :contentReference[oaicite:4]{index=4}.
This directive reinforces that even in cases where evidence is minimal at first, as long as the facts indicate the possibility of a cognizable offence (like rape), the FIR cannot be refused.
↑ Back to TopOther Authorities You Can Approach
- District Legal Services Authority (DLSA)—for free legal aid.
- National or State Women’s Commissions—to issue recommendations.
- Human Rights Commissions—if there are rights violations by police.
Final Thoughts
The law respects and empowers survivors: no woman is required to prove guilt before registration of an FIR. Section 156(3) CrPC and recent high-level directives ensure your voice is heard. Approach with respect, but also with the confidence that you have legal tools to act if the police do not fulfill their duty.
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