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What If Police Officials Refused To Lodge Fir On Various Requests?

Writer's picture: lead indialead india
Jan 273 min read

Let's say you bring all that suffering to the police station and ask the officer to file an FIR. Well, guess what? The officer turns down your request, leaving you in a state of despair. What do you do now? Other than bringing the FIR to the police station, are there any other options available to you? Are there any legal remedies available to us in such cases? Is it lawful or unlawful for a police officer to operate in this way?

First Information Report: About

  • Upon discovering a legally punishable offense, the police will formally draft a First Information Report (FIR).The fact that the First Information Report is a report of information that the police initially receives gives it its name.

  • In most cases, the victim of a crime that is punishable by law, or someone acting on their behalf, files a complaint with the police.

  • Anybody can notify the police verbally or in writing about the commission of a cognizable offense. A phone message may also be considered a formal complaint.

  • Since it opens the criminal justice system, a First Information Report (FIR) is an essential document. The police don't start their investigation into the case until the police station receives the First Information Report (FIR).


Is it Lawful for a Police Officer to Refuse to Register an FIR?

Although it is against the law for police to refuse to register an FIR, there are some rare exceptions, such as the following:

  • When the complaint concerns an incident that does not fit within the legal parameters, or when the offense is classified as non-cognizable.

  • Prior to the implementation of ZERO FIR, the police might decline to file a report if they felt it did not fall under their purview.


Non registration of FIR

  • Police occasionally refuse to file a formal complaint (FIR) in response to complaints concerning offenses. This may or may not be permitted. When someone lacks the legal capacity to take action, when the offense is of a certain kind, or in other situations, it will be deemed lawful. 

  • However, it is illegal for police to decline to make an FIR without providing a solid legal justification or covert explanation. Most of the time, it stays unreported to preserve local calm or to save time-consuming.


Remedies to Register FIR if Police Refuse 

  • Request for Reasons: If the police officer declines to file a formal complaint, politely inquire as to the reasons for their decision. You have a right to a thorough justification for their choice.

  • Take the Report to a Higher-Level Officer: You can speak with a higher-ranking police officer in the department if you are not happy with the first officer's response. This can be the local Superintendent of Police (SP) or Station House Officer (SHO).

  • Send In a Formal Grievance: Write a formal complaint lettering the higher-ranking officer, describing the occurrence in full and outlining the reasons for filing a formal police report. Make sure you save a copy of the complaint for your documentation.

  • Consult a Lawyer: Speak with a lawyer that focuses on criminal law. They can advise you on the best course of action and the relevant legal remedies that are available to you.

  • Go Up to the Magistrate: You can file a complaint with the local magistrate or the judicial magistrate if you are unable to get the police to file a formal complaint. The magistrate has the authority to order the police to register an FIR or launch any required legal action under Section 156 (3) of the Criminal Procedure Code, 1973.

  • Register a Private Complaint: In certain states, you might be able to go straight to the court and file a private complaint. This gives you the opportunity to appear before a judge, who may then decide to launch an inquiry or instruct the police to file a formal complaint.

  • Collect Evidence: As you follow any of the above-mentioned actions, collect and save any evidence that is connected to the incident. This includes any pertinent media that can help bolster your case, such as images, films, witness accounts, and so on.


For any type of legal assistance, one can speak with a lawyer from Lead India. Lead India provides free online legal advice in India. With Lead India, one can ask free online questions of the experts in addition to getting free legal advice.


Call Us: +91–8800788535

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