WHAT IS THE
REMEDY IF
POLICE
REFUSE TO
REGISTER AN
FIR
If the police refuse to register an FIR, the law provides
several clear remedies under the Criminal Procedure Code
(CrPC), 1973 and supported by landmark judgments.
Here’s a step-by-step guide.
Legal Remedies When Police Refuse to
Register FIR
1. Approach the Senior Police Officer (Section
154(3) CrPC)
1. Provision: Section 154(3) CrPC
2. Remedy: Write a complaint to the Superintendent of
Police (SP) or Deputy Inspector General (DIG).
3. Process:
1. Submit a written application explaining that the
local police refused to register your FIR.
2. The SP can investigate the matter himself or direct
a subordinate officer to do so.
2. File a Complaint Before the Magistrate (Section
156(3) CrPC)
1. Provision: Section 156(3) CrPC empowers the Judicial
Magistrate to direct the police to register and investigate
the case.
2. Process:
1. File a written criminal complaint before the
Magistrate.
2. Attach evidence or any supporting material (if
available).
3. The Magistrate can order the police to register the
FIR and conduct investigation.
3. File a Private Complaint (Section 200 CrPC)
• If both police and higher officers fail to act, you can file
a private complaint under Section 200 CrPC before the
Magistrate.
• The Magistrate can:
o Record your statement and witnesses, and
o Take cognizance of the offence directly.
4. Approach Human Rights or Vigilance Authorities
• For serious misconduct or corruption, complaint can be
made to:
o State Human Rights Commission (SHRC) or
National Human Rights Commission (NHRC)
o State Police Complaints Authority
5. File a Writ Petition (Article 226, Constitution of
India)
• As a last resort, file a writ petition (Mandamus) in the
High Court seeking directions for:
o Registration of FIR, and
o Proper investigation.
Landmark Judgments
Case Name Principle / Ruling
Registration of FIR is mandatory if
Lalita Kumari v. Govt.
information discloses a cognizable
of U.P. (2014) 2 SCC 1
offence.
Case Name Principle / Ruling
If police don’t register FIR, remedy
Sakiri Vasu v. State of
lies under Section 156(3) CrPC, not
U.P. (2008) 2 SCC 409
directly before High Court.
Aleque Padamsee v. High Court can direct police to
Union of India (2007) perform their statutory duty to
6 SCC 171 register FIR.
Prakash Singh v.
Established Police Reforms and
Union of India (2006)
accountability mechanisms.
8 SCC 1
Summary Table
Step Legal Provision Authority Outcome
Step Sec. 154(3) Superintendent SP can order FIR
1 CrPC of Police registration
Magistrate can
Step Sec. 156(3) Judicial order police to
2 CrPC Magistrate register and
investigate
Step File private
Sec. 200 CrPC Magistrate
3 complaint directly
Step Legal Provision Authority Outcome
Step Administrative NHRC/Police Disciplinary action
4 remedy Authority possible
Writ of mandamus
Step
Article 226 High Court to ensure FIR
5
registration