How to File an FIR (and What If Police Refuse)
For a cognizable offence the police must register an FIR free of cost. If they refuse, you can escalate to the SP, file online, or approach a magistrate.
Your Rights
Free FIR registration
Registering an FIR for a cognizable offence is mandatory and free.
Free copy of the FIR
You are entitled to a copy of the FIR at no cost.
Zero FIR
You can file at any police station regardless of jurisdiction; it is later transferred.
What To Do — Step by Step
- 1
Go to the police station and state the facts
Oral information must be written down and read back to you.
- 2
Read it before signing and get a free copy
- 3
If refused, write to the Superintendent of Police (SP)
Under BNSS the SP can order an investigation.
- 4
Use the state police online FIR / e-complaint portal where available
- 5
Approach a Magistrate
A magistrate can direct the police to register and investigate.
Constitution Articles That Apply
Key Laws & Judgments
-
BNSS, 2023 — registration of information in cognizable cases
-
Lalita Kumari v. Govt. of U.P. (2014)
FIR registration is mandatory for cognizable offences.
This guide is for general awareness only and is not legal advice. Laws and procedures change and vary by state. For your specific case, consult a qualified lawyer or your nearest District Legal Services Authority (free legal aid). In an emergency, call 112.
Frequently Asked Questions
What is the difference between an FIR and a complaint?
An FIR is registered by police for a cognizable offence and triggers investigation. A complaint can be made directly to a magistrate, who may then order action.
Can police refuse to register an FIR?
Not for a cognizable offence. If they do, escalate to the SP, the online portal, or a magistrate under Section 175 BNSS.