If a police station in India refuses to record information about a cognizable offence, send the substance of your complaint in writing by post to the concerned Superintendent of Police (SP). If that does not resolve the matter, you may apply to an empowered Magistrate. This procedure is set out in sections 173(4) and 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The route differs for non-cognizable offences, and local filing details depend on your state or union territory.
What to do first when reporting the offence
- Give clear information to the officer in charge. Set out what happened, when and where it happened, who was involved if known, and any witnesses or supporting records. Information about a cognizable offence may be given at a police station regardless of where the offence occurred.
- If you report electronically, sign it within three days. Under section 173(1)(ii), electronic information must be signed by the informant within three days to be taken on record. The Ministry of Home Affairs restated this requirement in a PIB release dated 11 August 2026: Ministry of Home Affairs release on electronic information.
- Keep a record of what you submitted. Save a copy of the complaint and note when and how it was sent or delivered. If information is recorded under section 173(1), the informant or victim is entitled to a copy forthwith and free of cost.
Where to complain if police refuse to file an FIR
1. Send the complaint to the concerned Superintendent of Police
Section 173(4) BNSS provides that a person aggrieved by a refusal to record information about a cognizable offence may send the substance of that information in writing and by post to the concerned SP. Keep a copy and proof of dispatch or delivery. If the SP is satisfied that the information discloses a cognizable offence, the SP must investigate personally or direct a subordinate police officer to investigate. The procedure appears in the BNSS text.
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2. Apply to an empowered Magistrate if the SP route fails
Section 173(4) permits the aggrieved person to apply to a Magistrate after the SP escalation. Under section 175(3), the application must be supported by an affidavit. The Magistrate may make an inquiry and consider the police officer’s submission before deciding whether to order an investigation. A local lawyer or legal aid service can help identify the competent court and prepare the application; court and filing arrangements vary by location.
Check whether the matter is cognizable
The SP escalation under section 173(4) concerns information that discloses a cognizable offence. Cognizable and non-cognizable matters follow different procedures under the BNSS:
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| Type of matter | What the BNSS provides |
|---|---|
| Cognizable offence | Information may be given to the officer in charge irrespective of where the offence occurred. If refused, section 173(4) provides for written postal escalation to the concerned SP and, if needed, an application to a Magistrate. |
| Non-cognizable offence | Under section 174, police enter the information and refer the informant to a Magistrate. Police generally cannot investigate without a Magistrate’s order. |
| Multiple offences, including at least one cognizable offence | The BNSS treats the case as a cognizable case. |
Whether specific facts meet the legal definition of a cognizable offence depends on the offence and circumstances; this general guide cannot classify an individual incident.
Do not confuse refusal with the limited preliminary-inquiry provision
Section 173(3) is a specific option, not a general permission to delay every complaint. For a cognizable offence punishable with three years or more but less than seven years, the officer in charge may, with prior permission from an officer not below Deputy Superintendent of Police, conduct a preliminary inquiry to ascertain whether a prima facie case exists or proceed with investigation if such a case exists. The inquiry, if chosen, must be completed within fourteen days.
Prioritize immediate safety
If someone is in immediate danger or needs urgent medical care, seek emergency assistance and address safety first. The applicable emergency contact and response procedure depend on the location; this guide does not establish one nationwide local contact process.
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This article covers India. The BNSS replaced the former Code of Criminal Procedure framework for the procedures discussed here. The Bureau of Police Research and Development identifies the BNSS among the new criminal-law Acts assented to on 25 December 2023 and published in the Gazette: BPR&D overview of the new criminal laws. State or union-territory office titles, online complaint systems, competent court details, and filing mechanics should be checked locally.
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