What to Do When Delhi Police Refuse to Register Your FIR

Can the SHO legally refuse to register an FIR?

No, not when your information discloses a cognizable offence. A cognizable offence is one where the police can arrest without a warrant: theft, cheating, criminal breach of trust, assault causing hurt, molestation, rape, extortion, criminal intimidation in its serious forms, dowry harassment and most offences involving property or the body. For these, Section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023 (old Section 154 CrPC) says the officer in charge 'shall' reduce the information to writing and enter it in the prescribed book. The word is mandatory.

The Supreme Court settled this in Lalita Kumari v. Government of Uttar Pradesh (2013). A Constitution Bench held that registration of an FIR is compulsory where the information discloses a cognizable offence, and that the officer cannot refuse because he doubts the complainant or thinks the story is exaggerated. Checking whether the complaint is true is the job of the investigation that follows the FIR, not a condition for writing it down.

The position is different for non-cognizable offences, such as simple hurt or most forms of defamation. There the police enter the information in a register under Section 174 BNSS (old Section 155 CrPC), often called an NCR, and refer you to the Magistrate. If the duty officer is telling you the offence is non-cognizable, ask him to say which section he has in mind. Very often the facts, properly written, disclose a cognizable offence that the officer has not considered.

There is one lawful pause, the preliminary enquiry, which is explained below. Outside that, a refusal to register is a breach of duty, and the remedies set out in this guide exist precisely because it happens so often.

The sections you will hear about

Why police refuse FIR in Delhi: what you are usually told at the desk

When the police refuse an FIR in Delhi, the refusal rarely sounds like a refusal. It usually comes as advice. 'This is a civil matter, go to court.' 'This happened in another thana's area.' 'Give a written complaint, we will make inquiry and call you.' 'Settle it between yourselves.' Each has a lawful and an unlawful version.

Jurisdiction is the easiest to answer. Section 173 allows information to be given 'irrespective of the area where the offence is committed', which is the zero FIR. The station can register it and transfer it to the station that has territorial jurisdiction. Our guide on zero FIR and e-FIR under the BNSS explains how that transfer works. A station refusing even to receive your complaint on jurisdiction grounds is not following the Code.

The 'civil matter' answer needs more thought. Many money and property disputes are civil: a loan not repaid, a contract not performed, a boundary quarrel. They become criminal when there is dishonesty from the start, misuse of entrusted property, forgery or force. If the officer says civil, ask what is missing. Sometimes he is right.

The 'inquiry' answer is the one that wastes the most time. A complaint diarised 'for inquiry' can sit for months. Unless the case falls within the narrow preliminary enquiry window described next, an indefinite inquiry is a refusal in disguise, and you should move to the DCP without waiting.

When can the police lawfully hold a preliminary enquiry first?

Lalita Kumari allowed a short preliminary enquiry in limited categories where the information does not clearly show a cognizable offence: matrimonial and family disputes, commercial offences, medical negligence, corruption cases, and complaints made after an unexplained delay. The purpose is only to see whether a cognizable offence is disclosed, not to test the truth of the allegations. The Supreme Court said that enquiry should ordinarily be finished within seven days.

Section 173(3) BNSS now puts a similar pause on a statutory footing for offences carrying three to seven years of imprisonment. The SHO needs permission from an officer of at least DSP rank, which in Delhi Police means an Assistant Commissioner of Police, and the enquiry has to be completed within fourteen days. Simple cheating under Section 318(2) BNS (old Section 417 IPC) and criminal breach of trust under Section 316(2) BNS (old Section 406 IPC) fall in this band, which is why fraud complainants hear 'inquiry' so often.

Two practical consequences follow. First, ask the station in writing whether a preliminary enquiry has been ordered and by which ACP. Second, count the days. If fourteen days pass without an FIR or a written closure, you have a clear refusal to take to the DCP and then to the Magistrate. Offences carrying seven years or more, such as robbery, rape or attempt to murder, are outside Section 173(3) altogether, and the station has no lawful reason to delay.

Step by step: from the police station to the Magistrate

Follow this order. Skipping a step is the most common reason a later application is dismissed.

1. Give a signed written complaint at the station

   Write the facts in plain language: who, what, when, where, how much, and who saw it. Sign it, keep a photocopy, and ask the duty officer to stamp the copy or give a DD (daily diary) number. If he refuses to receive it, note the time, the name of the officer and send the same complaint by speed post and email to the SHO that day.

2. Ask whether an e-FIR or zero FIR applies

   For vehicle theft and property theft where the accused is unknown, Delhi Police accepts e-FIRs online. For offences in another area, ask for a zero FIR. For online financial fraud, report at once on the 1930 helpline or the national cyber crime portal and note the acknowledgement number.

3. Send a complaint to the DCP under Section 173(4)

   Within a few days of the refusal, post the substance of your complaint to the DCP of the police district by speed post or registered post, with a copy of your station complaint and its receipt. Email a scanned copy to the DCP's official address as well. Keep the postal receipt and the tracking printout.

4. Follow up with the district and the PG cell

   Visit the DCP's office during public hearing hours if you can, or meet the ACP of the sub-division. A short, polite follow-up letter after ten to fifteen days, referring to your earlier complaint, creates a record that you gave the police every chance.

5. Apply to the Magistrate under Section 175(3)

   If there is still no FIR, file an application before the Magistrate having jurisdiction over the police station, at the district court complex for that area. Attach your affidavit, the station complaint, the DCP complaint, the postal proof and any documents. The court will usually call for an action taken report from the SHO.

6. Consider a private complaint as an alternative

   If the evidence is mostly documentary and in your hands, a complaint case under Section 223 BNSS may serve you better than police investigation. You lead your own evidence at the pre-summoning stage and the Magistrate decides whether to summon the accused.

7. Go to the Delhi High Court only with a reason

   If the Magistrate refuses wrongly, you can challenge the order in revision. A writ petition is kept for cases where the police themselves are accused, a fair investigation is impossible locally, or the delay is causing irreparable harm.

How to write a complaint to the DCP that gets read

A complaint to the DCP is a two-page letter, not a story. Open with one sentence saying what offence was committed and when. Then set out the facts in numbered paragraphs, name the police station you went to, give the date and time of your visit, and say what you were told. End by asking for registration of an FIR under Section 173 BNSS and investigation. Attach your station complaint and its receipt.

Address it to the Deputy Commissioner of Police of the district in which the police station falls: New Delhi, South, South West, Outer, Shahdara and so on. If you are unsure of the district, the Delhi Police website lists stations by district, and the station's own board shows it. Mark a copy to the SHO and the ACP of the sub-division.

Avoid two common errors. Do not pad the complaint with every section of the BNS you can find; officers read that as a sign the facts are thin. And do not threaten. A calm letter that names the offence, the evidence and the refusal is far more useful later, because the Magistrate will read exactly the same letter.

Advocate B.K. Singh tells clients to post the DCP complaint by speed post and to download the India Post tracking page showing delivery on the same day it shows as delivered. Months later, when the police say they never received anything, that one printout settles the argument.

Going to the Magistrate under Section 175(3) BNSS

The application under Section 175(3) is filed before the Judicial Magistrate or Metropolitan Magistrate who has jurisdiction over the police station concerned. In Delhi, that means the court complex for the district: Tis Hazari for Central and West, Patiala House for New Delhi, Saket for South, Karkardooma for East and Shahdara, Rohini for North West and Outer, Dwarka for South West. The filing counter will tell you which court is the 'area Magistrate' for your station.

Since Priyanka Srivastava v. State of U.P. (2015), such applications must be supported by an affidavit, so that people think before setting the criminal law in motion. The BNSS writes that requirement into the section itself and adds two more: proof that you approached the Superintendent of Police under Section 173(4), and an opportunity for the police officer to make submissions. So the first hearing usually ends with a direction to the SHO to file an action taken report, often called an ATR, by the next date.

The ATR is where most cases turn. If it says the matter is civil or that no offence is made out, you can file a short reply pointing out what the police have ignored. The Magistrate then has three choices: direct registration of an FIR and investigation, treat your application as a complaint and proceed under Section 223 by recording your statement, or dismiss it. A direction to register an FIR is not a finding that the accused is guilty; it only starts the investigation.

When Advocate B.K. Singh drafts a Section 175(3) application, he attaches a one-page chronology on top: date of offence, date of station complaint, date of DCP complaint, date of delivery, date of follow-up. Magistrates in busy Delhi courts read the first page closely, and a clean chronology often decides whether the court calls for an ATR or dismisses the matter at the threshold.

When does the Delhi High Court step in?

The Delhi High Court has the power, under Article 226 of the Constitution and its inherent power under Section 528 BNSS (old Section 482 CrPC), to direct registration of an FIR. It uses that power sparingly. In Sakiri Vasu v. State of U.P. (2008) and later in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage (2016), the Supreme Court said that a person whose FIR is not registered should go to the Magistrate under the Code rather than file a writ. The High Court follows that line, and a writ filed straight after a refusal at the station is usually disposed of with liberty to approach the Magistrate. Our guide on why writs get dismissed for an alternative remedy explains the reasoning.

The High Court does intervene in certain situations. Where the complaint is against police officers themselves, for example custodial violence or illegal detention. Where the local police have shown open bias and a fair investigation cannot be expected, in which case the prayer may be for transfer of the investigation to another agency. Where the Magistrate's order is plainly wrong and has been challenged in revision. And where the delay is causing harm that cannot be undone, such as a missing person or a continuing threat to life.

A writ of mandamus is the order the court issues to make a public authority do what the law requires. Our guide on when a writ of mandamus can be used covers it in general. For FIR refusals specifically, the service page on Delhi Police not acting on your complaint sets out how such a petition is framed and what the court usually asks the State to do.

Jurisdiction is simple: if the police station is in Delhi, the Delhi High Court is the right High Court. If the offence happened in Gurugram or Noida, the Haryana or Uttar Pradesh police are responsible and the Punjab and Haryana or Allahabad High Court would ordinarily hear the matter.

How long each step takes and what it costs

Documents to collect before you go further

Cases where refusing an FIR is itself an offence

For some offences the law does not leave refusal to the officer's conscience. Under Section 199 BNS (old Section 166A IPC), a public servant who fails to record information about acid attacks, rape and certain other sexual offences against women can himself be prosecuted. If you are reporting such an offence and the station delays, say so plainly in your complaint to the DCP and in any application to the Magistrate.

The SC/ST (Prevention of Atrocities) Act 1989 has a similar provision. Section 4 of that Act makes wilful neglect of duty by a public servant, including failure to register a complaint, punishable. Complainants from Scheduled Castes and Scheduled Tribes reporting atrocities should mention the Act from the first written complaint.

Section 173 also builds in protections for vulnerable complainants. Information from a woman about certain sexual offences is to be recorded by a woman police officer, and a person with a temporary or permanent disability can have the statement recorded at home or another convenient place, with an interpreter and on video. A station that insists a disabled complainant come and wait at the desk is not following the section.

Cyber fraud, theft and lost phones: Delhi routes people miss

Online fraud is the area where complainants most often feel brushed off. The first step is not the police station at all: report the fraud immediately on the 1930 helpline or the national cyber crime reporting portal, because speed matters for freezing the money in the fraudster's account. Note the acknowledgement number. The district cyber police station can then register an FIR, and the complaint number becomes part of your record if you later need to show refusal. If it is your own account that has been frozen in someone else's fraud complaint, see our guide on getting a bank account unfrozen after a cyber fraud complaint.

For vehicle theft and property theft where you do not know who took it, Delhi Police has an online e-FIR system. A copy is generated for you. Use it; it removes the desk officer from the equation entirely.

Phones and wallets cause a specific problem. Stations sometimes record a 'lost article report' when the facts show theft or snatching. A lost report is not an FIR, and it will not start an investigation. If your phone was snatched, say snatched, give the time and place, and ask for an FIR. Snatching is a cognizable offence.

When the refusal may actually be right

Not every refusal is wrong, and an honest look at your facts can save you months. If a friend borrowed Rs 3 lakh and has not repaid, that is ordinarily a civil debt. It becomes cheating only if you can show he never intended to repay when he took the money, for example because he used a false identity or made a promise he knew was false. Mere failure to repay, even a deliberate one, is a matter for a recovery suit.

The same applies to builders who delay possession, partners who fall out over accounts and relatives who disagree over family property. Police and courts in Delhi see many complaints that try to turn a civil dispute into a criminal case to create pressure. The Delhi High Court quashes such FIRs regularly, so even if you get the FIR registered, it may not survive. A civil suit, an arbitration or a consumer complaint may get you further.

There is also a risk in exaggerating. Giving false information to the police and filing false charges are offences under the BNS. If you are on the other side, accused in a complaint you say is false, our guide on what to do if a false FIR is filed against you in Delhi covers your remedies.

If you live outside Delhi or abroad

You do not have to be physically present at a Delhi police station to report an offence that happened here. Section 173 accepts information by electronic communication, which is then taken on record once you sign it within three days. In practice, an email to the SHO and the DCP, followed by a signed copy, starts the clock.

If you are abroad and need to go to the Magistrate, your affidavit can be sworn before an Indian consular officer or a notary in your country, with authentication as required, and sent to your lawyer here with a power of attorney. The Magistrate may want you to appear by video at some stage; many Delhi courts accommodate that.

NRIs most often face this with property: a tenant who will not leave, a relative who has sold a flat on a forged GPA, a caretaker who has taken rent. Forgery and cheating are cognizable offences. Send the complaint early, because delay in reporting is one of the categories where police are allowed to hold a preliminary enquiry, and a long unexplained gap makes everything harder.

Mistakes that sink complaints

• Relying on oral complaints. If there is no written complaint with a receipt, the police can say you never came, and the Magistrate has nothing to go on.
• Skipping the DCP. Under the BNSS, an application under Section 175(3) must show you approached the Superintendent of Police first; without it the application may be returned.
• Filing a writ first. A High Court petition filed before using the Magistrate route usually ends with liberty to go to the Magistrate, and you lose weeks.
• Overstating the facts. Adding offences that did not happen gives the police a reason to call the whole complaint false.
• Waiting too long. Unexplained delay in reporting weakens the case and opens the door to a preliminary enquiry.
• Going to the wrong court. The application must be filed before the Magistrate with jurisdiction over that police station, not any court that is convenient.

What to do this week

Today, write the complaint and get it received at the station. Tomorrow, if it was not registered, post it to the DCP of the district by speed post and email it. Put every receipt and screenshot in one folder in date order. If the offence involves online money loss, call 1930 before you do anything else.

If two to three weeks pass without an FIR, prepare the Section 175(3) application with your affidavit and the postal proofs. If your case has an unusual feature, such as the police themselves being involved or a real threat to safety, ask a lawyer whether the Delhi High Court should be approached directly through a petition on police inaction in Delhi.

If you would like Advocate B.K. Singh to look at your complaint and your papers, or want updates on how the courts are reading the new BNSS provisions, contact Advocate B.K. Singh here.