In short. If Delhi Police refuse to register your FIR, record only a 'non-cognizable report', or register the case and then do nothing, there are set remedies. First you write to the DCP of the district, then apply to the Magistrate under Section 175(3) of the BNSS. The Delhi High Court steps in through a writ or a Section 528 petition mainly where those routes fail or the situation is urgent, such as threats to life or police complicity. Writs are usually listed within days to weeks. Start by keeping a copy of every complaint and its receipt.
Is this your situation?
- The SHO listened to your complaint but would not register an FIR, or told you to 'settle it outside'.
- You were given a non-cognizable report (NCR) for something that sounds like a serious offence.
- You sent a complaint to the DCP weeks ago and nothing has happened.
- An FIR was registered, but the investigating officer has not recorded statements, collected CCTV footage or questioned the accused.
- The police filed a closure report and you were never told.
- You are receiving threats, and the people threatening you seem to have friends in the local police station.
- Your complaint is against police officers themselves.
The short answer: the law has a ladder, and the High Court is near the top
When a complaint discloses a cognizable offence, the officer in charge of the police station must register an FIR. The Supreme Court settled this in Lalita Kumari v. Government of Uttar Pradesh (2014), and Section 173 of the Bharatiya Nagarik Suraksha Sanhita 2023 (old Section 154 CrPC) builds on it. Yet refusal at the police station is common in Delhi, and the law gives a ladder of remedies: complaint to the senior officer, application to the Magistrate, and only then, in most cases, the High Court.
The Delhi High Court has power under Article 226 to issue a writ of mandamus directing the police to register an FIR or investigate properly, and under Section 528 BNSS (old Section 482 CrPC) to secure the ends of justice. But in Sakiri Vasu v. State of U.P. (2008) the Supreme Court said that High Courts should not ordinarily entertain petitions for FIR registration, because the Magistrate's power under what is now Section 175(3) BNSS is an adequate remedy. Delhi High Court judges routinely send petitioners back to that route.
So the High Court is not where most people should start. It becomes the right forum when the ladder has been climbed and failed, when the delay itself is destroying evidence, when there is a threat to life or liberty, when the police are themselves the wrongdoers, or when the Magistrate's order is wrong and needs correction. This page explains each rung and when the High Court will step in. If you have not yet been to the police station or the DCP, read our guide on what to do when Delhi Police refuse to register your FIR first.
The provisions you will hear about
Section 173(1), BNSS (old Section 154 CrPC)
Information about a cognizable offence must be recorded, whatever police station area it occurred in (the zero FIR), and can also be given by electronic communication (the e-FIR), which must be signed within three days. A free copy of the FIR must be given to the informant.
Section 173(3), BNSS
For cognizable offences punishable with three years or more but less than seven years, the SHO may, with permission of an officer not below the rank of Deputy Superintendent of Police (in Delhi, an ACP), hold a preliminary enquiry within 14 days to see whether a prima facie case exists.
Section 173(4), BNSS
If the SHO refuses, the informant may send the substance of the information in writing and by post to the Superintendent of Police, in Delhi the DCP of the district, who may investigate or direct an investigation.
Section 175(3), BNSS (old Section 156(3) CrPC)
The Magistrate may order investigation on an application supported by an affidavit, after the informant has gone to the DCP under Section 173(4), and after making such inquiry as the Magistrate thinks necessary and considering the police officer's submissions.
Section 193, BNSS (old Section 173 CrPC)
The police report at the end of investigation. Section 193(3) requires the police to inform the informant or victim of the progress of investigation within 90 days. Section 193(9) (old 173(8)) allows further investigation.
Section 199, BNS (old Section 166A IPC)
A public servant who fails to record information about specified offences, including rape, sexual assault and acid attacks, commits an offence.
Article 226 and Section 528, BNSS
The High Court's writ power and its inherent power to prevent abuse of process and secure the ends of justice.
What the police may and may not do before registering an FIR
The duty to register is not optional. If your written complaint describes facts that make out a cognizable offence, such as theft, cheating, criminal breach of trust, assault causing hurt, criminal intimidation or a sexual offence, the SHO has to register it. The SHO cannot refuse because he thinks your story is false, because the accused is well known, or because the matter 'looks civil'. Those questions are for investigation, not for the front desk.
There are recognised exceptions. Lalita Kumari allowed a short preliminary enquiry in categories such as matrimonial disputes, commercial transactions, medical negligence, corruption cases and complaints made after a long delay. Section 173(3) BNSS now adds a statutory preliminary enquiry for offences punishable with three to seven years, with the ACP's permission, to be finished within 14 days. In Delhi, matrimonial complaints usually go first to the Crime Against Women (CAW) Cell of the district for counselling, and large economic offences may be routed to the Economic Offences Wing. These steps are lawful when done properly and within time.
What is not lawful is endless 'enquiry' with no outcome, recording a non-cognizable report for a cognizable offence, or asking the complainant to bring the accused for a compromise first. When Advocate B.K. Singh reads a police inaction file, he checks one thing before anything else: does the written complaint itself, read plainly, describe a cognizable offence? If the complaint is vague, the fix is a better complaint, not a petition.
Non-cognizable reports and why they are often wrong
A non-cognizable report, usually called an NCR, is recorded under Section 174 BNSS (old Section 155 CrPC) when the information discloses only a non-cognizable offence, such as simple hurt or defamation. For a non-cognizable offence the police cannot investigate without the Magistrate's order, so an NCR often means nothing further happens.
Police stations in Delhi sometimes record an NCR, or a 'DD entry' in the daily diary, when the facts actually disclose a cognizable offence. A phone snatched on the road is recorded as a 'lost report'; a beating with a rod that broke a bone is recorded as a quarrel; a threat to kill is written up as a verbal spat. The difference matters: an FIR starts a compulsory investigation, while an NCR or lost report does not.
If this has happened, write to the SHO and the DCP pointing out the offence that the facts disclose, with the medical report (MLC), photographs or other evidence. Ask that an FIR be registered. A Magistrate can also be approached under Section 175(3). If the police keep treating a serious matter as non-cognizable, that pattern is itself useful evidence in a later writ.
When the Delhi High Court will step in directly
The High Court does entertain police inaction petitions, but it looks for reasons why the ordinary route will not work. Situations in which Delhi High Court judges have been willing to act include a real threat to the petitioner's life or safety, where the court may also direct police protection; complaints against police officers, where asking the same police station to register an FIR against its own staff is unrealistic; serious offences where evidence such as CCTV footage or call records will be lost if investigation does not start at once; and cases involving women, children, elderly persons or vulnerable groups where delay causes continuing harm.
A petition is also justified where the Magistrate has been approached and has refused without a proper reason, or where a Magistrate's order to investigate has been ignored by the police. In those cases the High Court is correcting a failure in the system, which is precisely its role. Missing persons and illegal detention by the police are dealt with by habeas corpus, explained on our page on habeas corpus for release from illegal detention.
In practice, the court's first order is usually a direction to the State to file a status report through the SHO or DCP. That alone often prompts action: many FIRs are registered between the first and second hearing. Where the police have already started, the court may simply direct a fair investigation and dispose of the petition. Where they have not, the court can direct registration, or direct the DCP to decide the complaint within a fixed time. Our guide on when you can use a writ of mandamus explains the general principles.
The FIR is registered but the investigation is going nowhere
Registration is only the beginning. Complainants often find that months pass with no statements recorded, no recovery made, no CCTV footage collected and no response to calls. Section 193(3) BNSS requires the police to inform the informant or victim of the progress of investigation within 90 days. Ask for it in writing.
The first forum for a stalled or biased investigation is the Magistrate, who can monitor it. Sakiri Vasu recognised the Magistrate's power to direct proper investigation, and that power continues under the BNSS. If the police file a closure report, the informant must be given notice and a chance to object before the Magistrate accepts it, as held in Bhagwant Singh v. Commissioner of Police (1985). File a protest petition with whatever material shows the investigation was incomplete. The Magistrate can reject the closure report and take cognizance, or order further investigation under Section 193(9).
The High Court steps in for fair investigation where the problem goes beyond what a Magistrate can fix: a pattern of bias, influence by powerful accused persons, or an investigation that has visibly been steered. In serious cases the court can transfer the investigation to another unit, such as the Crime Branch or Special Cell, or in exceptional cases to the CBI. That remedy has its own page: transfer of investigation to the CBI or another agency.
Which court hears it, and why
Delhi Police are under the Ministry of Home Affairs, and the Commissioner of Police heads the force. Police districts, each headed by a DCP, cover areas like South, South-West, Outer, North-West, Shahdara and New Delhi, with cyber police stations in each district. Complaints under Section 175(3) go to the Magistrate who has jurisdiction over the police station area, at the district court complex covering that district: Saket for South Delhi, Dwarka for South-West, Rohini for North-West and Outer, Karkardooma for East and Shahdara, Tis Hazari for Central and West, and Patiala House for New Delhi.
A writ or Section 528 petition about Delhi Police inaction goes to the Delhi High Court, because the police and the offence are in Delhi. If the offence happened in Noida or Gurugram, the police there are under the Uttar Pradesh or Haryana government and the right forum is the Allahabad High Court or the Punjab and Haryana High Court. A zero FIR registered in Delhi for an offence elsewhere is transferred to the police station with jurisdiction, and later grievances lie where the investigation is. Our guide on zero FIR and e-FIR under the BNSS explains how this works.
Inside the High Court, writ petitions (criminal) and Section 528 petitions are heard according to the roster. The State is represented by its Additional Standing Counsel or a public prosecutor. This website belongs to a private law firm and is not the Delhi High Court's website or Delhi Police's; for official case status and cause lists, use the court's own website.
Step by step: from the police station to the High Court
Give a written complaint at the police station
Write the facts in date order: what happened, when, where, who did it, who saw it, and what loss or injury was caused. Hand it to the duty officer and ask for a receipt or a DD number. If an FIR is refused, ask for the refusal in writing, though you may not get it.
Send it to the DCP under Section 173(4)
Send the same complaint, with a covering letter noting the refusal, by registered post or speed post to the DCP of the district. Email it as well. Keep the postal receipt and tracking report. Follow up after a week or two.
Apply to the Magistrate under Section 175(3)
If the DCP does not act, file an application before the Magistrate with an affidavit, the complaint, the DCP letter and its proof of delivery. The Magistrate may call for a report from the police and can order registration and investigation.
Go to the High Court where the situation calls for it
If there is a threat to life, police complicity, a refusal by the Magistrate without reason, or a Magistrate's order that the police ignore, a writ or Section 528 petition can be filed. Explain clearly why the usual route is not enough.
First hearing and status report
The court usually issues notice and calls for a status report. Interim directions, such as protection or preservation of CCTV footage and call records, can be sought at this stage.
Disposal and follow-up
The court may direct registration, investigation within a set time, or a decision by the DCP. If the police do not comply, file an application or a contempt petition. See our page on contempt petitions for non-compliance of court orders.
Typical time and cost at each stage
| Stage | Typical time | Court fee and costs (general) |
|---|---|---|
| Written complaint at police station | Same day | None |
| Preliminary enquiry for offences of 3 to 7 years | Up to 14 days under Section 173(3) | None |
| Complaint to DCP under Section 173(4) | Allow 1 to 3 weeks for action | Postage only |
| Application to Magistrate under Section 175(3) | Order in a few weeks to a few months | Nominal court fee; affidavit and notary charges |
| Writ or Section 528 petition: first hearing | A few days to 3 weeks; faster with urgent mentioning | Nominal court fee; check the current schedule |
| Writ or Section 528 petition: disposal | Often within 1 to 4 hearings once a status report is filed; longer if contested | No further court fee |
| Protest petition against closure report | Hearing within months of notice | Nominal court fee |
Documents to gather
Your complaint trail
- Written complaint given at the police station with receipt, DD number or stamped copy
- Complaint to the DCP and postal receipt and tracking report
- Emails sent to the police and any replies
- Any NCR, lost report or DD entry given to you
Evidence of the offence
- MLC or medical records for injuries
- Photographs, videos and screenshots
- Bank statements and transaction IDs for fraud
- Names and phone numbers of witnesses
- Details of CCTV cameras near the spot, with the owner's name
After an FIR is registered
- Copy of the FIR
- Any notices received from the IO
- Your letters asking for progress
- Closure report notice, if any
For a court application
- Affidavit supporting the application
- Identity proof
- Vakalatnama
- Copies of any earlier court orders in the matter
A made-up example: the Janakpuri retiree and the property grabbers
Here's a made-up example. Mr Sharma, a 72-year-old retired government employee, lives alone in Janakpuri. A group claiming to have bought his house on a forged GPA breaks the lock of his ground floor storeroom, puts their own lock on it and tells him to vacate within a month or 'face the consequences'. He goes to the local police station. The duty officer records a DD entry and tells him that it is a property dispute for the civil court.
His son, who works in Bengaluru, helps him write a detailed complaint describing criminal trespass, forgery and criminal intimidation, attaching photographs of the broken lock and his own title documents. They send it to the DCP of West District by speed post and email. Two weeks pass. The threats continue by phone. The same men are seen sitting with the beat staff outside the house.
A writ petition is filed in the Delhi High Court seeking registration of an FIR, a fair investigation and protection, explaining the threats, his age and the apparent closeness between the accused and the local staff. At the first hearing the court issues notice, calls for a status report and directs the SHO to ensure that no harm comes to him. Before the next date an FIR is registered. In this made-up case the court records that, directs the investigation to proceed in accordance with law, and continues the protection direction for a period. The ownership question still has to be fought separately, in a civil court.
When the complaint is against the police
Complaints of custodial violence, illegal detention, extortion or false implication by police officers face an obvious obstacle: the station you are complaining to is the one you are complaining about. Write to the DCP, the Joint Commissioner of the range and the Vigilance branch of Delhi Police, and keep proof. For serious custodial violence, the National Human Rights Commission is also an option.
Courts take police misconduct seriously, but need specifics: dates, names or descriptions of officers, medical evidence and any CCTV footage. In Paramvir Singh Saini v. Baljit Singh (2020) the Supreme Court directed that CCTV cameras be installed in police stations and that footage be preserved. In a misconduct complaint, an early application to preserve the footage of the relevant police station is often the most important step.
Where the alleged act was done in the course of official duty, prosecution of a public servant may need sanction under Section 218 BNSS (old Section 197 CrPC), and complaints against public servants before a Magistrate follow the extra procedure in Section 175(4). These provisions do not protect acts like custodial assault that have nothing to do with official duty, but they shape how the complaint should be framed.
When the High Court is unlikely to help
Not every refusal by the police is wrong. A dispute about unpaid business dues, a failed partnership or a property boundary is often civil, and the police are right to say so. Delhi High Court judges see many petitions that try to turn a money claim into a criminal case to put pressure on the other side, and they dismiss them. If the accused later brings a quashing petition, a complaint built this way often fails there too; our page on quashing a false FIR shows how the court looks at such cases from the other side.
The court will also not usually direct the police to arrest a particular person, or tell the investigating officer which sections to apply or how to conduct the investigation in detail. It directs a fair investigation in accordance with law. And it will not entertain a petition from someone who skipped the DCP and the Magistrate without any explanation of urgency.
Delay matters as well. A complaint made two years after the event, with no explanation, gives the police a legitimate reason to enquire first and gives the court a reason to be cautious. If you are going to complain, do it promptly and in writing.
Cyber fraud, online complaints and complainants outside Delhi
Online fraud complaints in Delhi are lodged through the national cyber crime reporting portal and the 1930 helpline, and then handled by the district cyber police station or the IFSO unit of the Special Cell. Speed matters because money moves through accounts quickly. If the cyber police do not register an FIR despite a clear loss, the same ladder applies: DCP, Magistrate, then the High Court. Our page on cyber crime and online fraud cases at the Delhi High Court covers this area in more detail.
Complainants living outside Delhi or abroad can lodge an e-FIR for certain offences or send a written complaint by email and post, then sign it within three days or appear when called. A power of attorney holder can follow up, though the complainant's own affidavit is needed for a Magistrate's application and usually for a writ. Affidavits can be signed abroad before a notary or Indian consular officer, and High Court hearings can be joined by video.
Advocate B.K. Singh's practical advice to complainants outside Delhi is to send everything in writing, by email and speed post, and to keep a dated record of every call to the IO. A clean paper trail is what turns a complaint into a case that a court can act on.
Mistakes that weaken police inaction cases
- Only oral complaints. Without a written complaint and a receipt, there is no proof that the police were told anything.
- Skipping the DCP. Section 175(3) now expressly requires the Section 173(4) step first, and the High Court will ask whether you took it.
- Vague complaints. A complaint that says 'they harassed me' without dates, acts and words cannot be registered as a specific offence.
- Exaggeration. Adding names of relatives or offences that did not occur damages credibility and can lead to quashing later.
- Waiting too long for CCTV. Private CCTV systems often overwrite footage within weeks. Ask for preservation at once.
- Treating a civil claim as a crime. If the real dispute is about money owed under a contract, a recovery suit may be the honest and more effective route.
What to do this week
Write a clear complaint with dates, names, the acts done and the evidence, and give it at the police station for a receipt. Send the same complaint to the DCP by speed post and email, and keep the tracking report. List CCTV cameras near the spot and ask their owners to save the footage. If you are injured, get an MLC at a government hospital. If an FIR has been registered, write to the IO asking for the progress of investigation.
If the DCP does not act within a reasonable time, prepare the Section 175(3) application. If there are threats, police involvement or another real urgency, take advice on a High Court petition straight away. Fees are discussed at the first meeting and agreed in writing, stage by stage. For advice on your complaint papers or updates on the law, contact Advocate B.K. Singh.
Frequently asked questions
What to do if police refuse to file an FIR in Delhi?
Give a written complaint and get a receipt, then send the complaint to the DCP of the district under Section 173(4) BNSS by post. If the DCP does not act, apply to the Magistrate under Section 175(3) with an affidavit. The High Court is approached mainly when these steps fail or the matter is urgent.
Can the High Court order the police to register an FIR?
Yes, by a writ of mandamus or under Section 528 BNSS. But following Sakiri Vasu, the court usually expects you to have gone to the DCP and the Magistrate first, unless there is a threat to life, police complicity or similar urgency.
How long can police take to register an FIR after a complaint?
For a cognizable offence, the FIR should be registered at once. For offences punishable with three to seven years, a preliminary enquiry of up to 14 days is allowed with an ACP's permission. Other recognised categories, like matrimonial cases, may see a short enquiry first.
What is the difference between an FIR and an NCR?
An FIR is registered for a cognizable offence and starts a compulsory investigation. An NCR records a non-cognizable offence, which police cannot investigate without a Magistrate's order. If your facts show a cognizable offence, insist on an FIR.
Can I complain to the High Court if police are not investigating my FIR?
First approach the Magistrate, who can monitor the investigation and order further investigation. The High Court steps in where there is clear bias, influence or a failure the Magistrate cannot fix, and can transfer the investigation in serious cases.
Do I get notice if police close my case?
Yes. Before a Magistrate accepts a closure report, the informant must be given notice and a chance to object. File a protest petition with material showing the investigation was incomplete.
How do I file an FIR against a Delhi Police officer?
Write to the DCP, the Joint Commissioner and the Vigilance branch with specific details and evidence, and apply to the Magistrate if no action follows. In urgent or serious cases, a writ in the Delhi High Court is possible. Ask early for CCTV footage to be preserved.
Can I file a police complaint in Delhi while living abroad?
Yes. Send a written complaint by email and post, use the e-FIR route where available, and sign within three days or when called. Affidavits for court can be signed abroad, and High Court hearings can be joined online.