What Should You Do If the Police Refuse to Receive Your Complaint?

Every person has the right to approach the police for reporting the commission of a cognizable offence. If a police officer refuses to receive or register your complaint, the law provides alternative remedies. A refusal to register a complaint does not necessarily mean that you are left without legal recourse.

Can the Police Refuse to Register an FIR?

Where information discloses the commission of a cognizable offence, the police are generally required to register a First Information Report (FIR) in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Whether an FIR is required depends upon the nature of the allegations made in the complaint.

What Should You Do If Your Complaint Is Not Received?

1. Submit a written complaint to the Station House Officer (SHO) and retain a copy for your records.
2. If the complaint is refused, send it to the Superintendent of Police (SP) or the officer having supervisory jurisdiction by registered post, speed post, or through the prescribed online portal, wherever available.
3. Preserve all supporting documents, photographs, videos, medical records, or other evidence relevant to your complaint.
4. If no action is taken, you may approach the competent Magistrate seeking appropriate directions in accordance with the BNSS and other applicable laws.
5. Consult an advocate to determine the appropriate legal remedy based on the facts of your case.

Can You Approach the Superintendent of Police?

Yes. If the officer in charge of a police station fails to record information relating to a cognizable offence, the aggrieved person may submit the complaint to the Superintendent of Police or another competent supervisory officer. Upon being satisfied that a cognizable offence is disclosed, the competent authority may direct that the matter be investigated in accordance with law.

Can the Court Direct Registration of an FIR?

Yes. In appropriate cases, the competent Magistrate may be approached for suitable directions where the police fail to perform their statutory duties. The court examines the facts and passes orders in accordance with the applicable legal provisions.

Important Precautions

• Always keep a signed copy of your complaint.
• Preserve postal receipts, acknowledgements, emails, or online complaint references.
• Do not make false or exaggerated allegations.
• Provide accurate facts and supporting documents wherever available.
• Seek legal advice promptly if the matter involves serious offences or urgency.

Important Judicial Precedent

The Supreme Court of India, in Lalita Kumari v. Government of Uttar Pradesh (2014), held that registration of an FIR is generally mandatory where the information discloses the commission of a cognizable offence, subject to the limited categories of cases where a preliminary inquiry is permissible under law.

Conclusion

A refusal by the police to receive or register your complaint does not bring the matter to an end. The law provides remedies, including approaching superior police authorities and, where necessary, the competent Magistrate. Taking timely legal advice can help ensure that your rights are protected and that the appropriate legal procedure is followed.