Sometimes a person goes to the police station with a complaint about a serious offence, but the police do not write the FIR. The law gives clear steps for this situation. This guide explains them in simple words.
First, learn these words
- FIR (First Information Report): the first written record of a crime made by the police.
- Cognizable offence: a serious offence in which the police can investigate and arrest without a court's order.
- SP (Superintendent of Police): the senior police officer of the district.
- Magistrate: the judge in the district court who can order the police to register and investigate.
- Writ petition: a case in the High Court asking it to correct an illegal action of a government officer.
Which law applies
- Registering an FIR: Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (old CrPC Section 154).
- If the police station refuses: the complaint can be sent to the Superintendent of Police under Section 173(4) BNSS (old CrPC Section 154(3)).
- Order by the Magistrate: the Magistrate can order investigation under Section 175(3) BNSS (old CrPC Section 156(3)).
The old-to-new section numbers are taken from the CrPC–BNSS comparison table published by the Government of Tripura.
6 easy steps
- Write the complaint. Write clearly what happened, when, where, who did it, and who saw it. Sign it and keep a copy.
- Give it at the police station. Ask for a receipt or a stamped copy. If they refuse, note the date, time and the officer's name.
- Send it to the SP. Send the complaint to the Superintendent of Police of the district by registered post and keep the postal receipt.
- Go to the Magistrate. If there is still no action, an application can be filed before the Magistrate asking for an order to register and investigate.
- Keep every paper. Copies of the complaint, receipts, postal slips, medical papers and photos.
- High Court, when needed. Where the officers do not act under the law even after these steps, a writ petition in the Patna High Court can be considered. The case status can be seen on the Patna High Court website.
An example
This is an imaginary example to explain the steps; it is not a real case.
Seema's shop is broken into at night. She goes to the police station, but the FIR is not written.
- She writes a complaint with the date, time and list of stolen items, and keeps a copy.
- The police station does not give a receipt, so she notes the officer's name and time.
- She sends the complaint to the SP by registered post.
- With no action after that, her advocate files an application before the Magistrate under Section 175(3) BNSS.
Every case is different. The officer and the court decide on the facts, so no result can be promised.
Frequently asked questions
Which section is for registering an FIR now?
Section 173 of the BNSS (old CrPC Section 154).
The police station refused. Who do I go to?
Send the complaint to the Superintendent of Police under Section 173(4) BNSS (old CrPC Section 154(3)).
Can a court order the police to register the case?
Yes, the Magistrate can order investigation under Section 175(3) BNSS (old CrPC Section 156(3)).
Should I go straight to the High Court?
Usually the steps before the SP and the Magistrate are taken first. A writ petition can be considered where officers fail to act under the law.
What papers should I keep?
The complaint copy, receipts, postal slips, medical papers, photos and names of witnesses.
This article is general information in simple words and is not legal advice or solicitation, in accordance with the rules of the Bar Council of India. Consult an advocate about your matter.
Related on this site: FIR quashing · Writ petition in the Patna High Court · Criminal Defence
Official sources (links checked 10 November 2026): BNSS, 2023 (India Code) · CrPC–BNSS comparison (Govt. of Tripura) · Patna High Court
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