Many people in Delhi face the same problem: they go to the police station to report a crime, but the FIR is not registered. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC from 1 July 2024, gives clear legal steps you can take. This guide explains them in simple language.
Is the police bound to register an FIR?
If the information discloses a cognizable offence (an offence where police can arrest without a warrant, such as theft, cheating, assault or criminal breach of trust), the officer in charge of the police station is required to record it under Section 173 of the BNSS. The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) held that registration of an FIR is mandatory when information discloses a cognizable offence, with limited exceptions where a preliminary inquiry may be made.
Under Section 173(3) BNSS, for cognizable offences punishable with three years or more but less than seven years, the police may, with permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry within 14 days to see whether a prima facie case exists.
Zero FIR and e-FIR
- Zero FIR: Section 173(1) BNSS allows information to be given at any police station, irrespective of the area where the offence took place. The station records it and transfers it to the police station that has jurisdiction.
- Electronic information: Information can also be given by electronic communication. It must be signed by the informant within three days for it to be taken on record. Delhi Police also offers online reporting for certain offences such as theft.
- Free copy: The informant is entitled to a copy of the FIR free of cost.
Step 1: Give a written complaint to the SHO
Write down the facts clearly: date, time, place, names of persons involved and what happened. Submit it to the Station House Officer (SHO) and ask for a receipt or diary number. Keep a photocopy with the stamp or acknowledgment. This written record becomes important at every later stage.
Step 2: Send the complaint to the DCP under Section 173(4) BNSS
If the police station refuses to record the information, Section 173(4) BNSS allows you to send the substance of the information, in writing and by post, to the Superintendent of Police. In Delhi, this is the Deputy Commissioner of Police (DCP) of the district concerned. The senior officer may investigate personally or direct a subordinate to investigate. Keep the postal receipt and tracking record.
Step 3: Approach the Magistrate under Section 175(3) BNSS
If the police still do not act, you can apply to the Judicial Magistrate having jurisdiction under Section 175(3) BNSS, asking the court to direct investigation. Under the BNSS, the application should be supported by an affidavit, and you should show that you first approached the senior police officer under Section 173(4). The Magistrate may make an enquiry and consider the police officer’s submissions before passing an order.
Alternatively, a private complaint can be filed before the Magistrate under Section 223 BNSS, where the court records the complainant’s statement and proceeds as per law.
What about going directly to the High Court?
High Courts have repeatedly said that a person should normally use the remedies available under the BNSS (Sections 173(4) and 175(3)) before filing a writ petition for registration of an FIR. A writ is generally considered only in exceptional situations.
If the offence is non-cognizable
For non-cognizable offences, the police record the information in a register (commonly called an NCR) and refer the informant to the Magistrate. Police cannot investigate a non-cognizable case without the Magistrate’s order under Section 174 BNSS.
Documents to keep ready
- Your written complaint with acknowledgment
- Postal receipt of the complaint sent to the DCP
- Any evidence: messages, emails, photos, videos, medical papers, bank statements
- Identity proof and details of witnesses
Related reading: criminal law matters and cyber crime complaints.
If you need guidance on your specific situation, you may contact the office of Advocate Rohit Grewal at Tis Hazari Courts, Delhi, through the contact page.
Disclaimer: This article is for general information only and is not legal advice. The law and its application depend on the facts of each case. For advice on your matter, please consult an advocate.