An FIR is the document that formally sets the criminal process in motion, and once registered it triggers the police obligation to investigate. Where the information discloses a cognisable offence the police must register it. If they refuse, the escalation ladder runs from the senior officer of the district, to a written complaint before the Magistrate, to a writ petition. A Zero FIR can be filed at any police station regardless of territorial jurisdiction and is transferred afterwards to the station that has jurisdiction.
Scope and jurisdiction at a glance
- Who can lodge an FIR
- Anyone with information about the commission of a cognisable offence can lodge it — the victim, a witness, a relative, or any other person. You do not have to be the person harmed, and you do not need a lawyer to do it.
- When registration is mandatory
- In Lalita Kumari v. Government of Uttar Pradesh (2014) the Supreme Court held that registration of an FIR is mandatory where the information discloses a cognisable offence, and no preliminary inquiry is permissible in such a case. A preliminary inquiry is allowed only in limited categories, and must be completed within the period the judgment prescribes.
- Where to lodge it
- Ordinarily at the police station within whose jurisdiction the offence took place. A Zero FIR can be registered at any police station regardless of territorial jurisdiction and is then transferred to the station having jurisdiction — this exists precisely so that jurisdiction is not used as a reason to refuse.
- Your entitlement on registration
- The informant is entitled to a free copy of the FIR. Where the informant is a woman against whom certain offences are alleged, the statement is to be recorded by a woman police officer, and in prescribed circumstances at her residence.
- If the police refuse
- The escalation ladder runs in this order:
- A written complaint to the Superintendent of Police, who may investigate or direct an investigation where the information discloses a cognisable offence.
- A complaint to the Magistrate under Section 173 of the BNSS, with a request for a direction under Section 175(3) that the police register and investigate.
- A writ petition to the High Court under Article 226, where the refusal forms part of a wider failure to act.
- Cognisable and non-cognisable
- In a cognisable offence the police may register and investigate without the direction of a Magistrate. In a non-cognisable offence they may not, and the route is a complaint to the Magistrate, who may then order investigation.
- What the complaint should contain
- The date, time and place of the incident, a factual narrative in sequence, the names or descriptions of those involved, the names of witnesses, and a list of any documents or material relied on. Avoid legal characterisation — set out facts and let the offence be made out from them.
An FIR — First Information Report — is the document that formally sets the criminal justice process in motion. It is filed with the police and, once registered, triggers their obligation to investigate. Knowing how to file one correctly, and what to do when the police obstruct the process, is practically important for anyone who has been the victim of a crime or witnessed one.
What an FIR is and when it applies
An FIR is filed in relation to cognisable offences — offences where the police have the power to arrest without a warrant. These include serious offences under the Bharatiya Nyaya Sanhita (BNS) 2023 such as theft, fraud, cheating, assault, kidnapping, and most offences involving dishonesty or bodily harm. Non-cognisable offences — such as minor assault, defamation in some forms, and certain public order offences — require a Magistrate's permission before the police can investigate, and the initial report is a non-cognisable complaint rather than an FIR.
When you report a cognisable offence to a police station, the officer in charge is legally required to register an FIR and give you a free copy. This is not optional — the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh has made clear that FIR registration for cognisable offences is mandatory.
What to include in your complaint
Whether you are filing the FIR at the police station or preparing a written complaint to take with you, the information that matters is: the date, time, and place of the offence; a clear factual narrative of what happened; the identity of the accused or a description if unknown; the identity of any witnesses; a description of any evidence (documents, digital records, CCTV, medical reports); and the specific harm suffered. The more specific and factual the complaint, the harder it is for the police to claim the offence is unclear or that it does not disclose a cognisable matter.
Take two copies when you go to the police station. Ask for an acknowledgement on the copy you retain. If the FIR is registered, insist on receiving your free copy — this is your legal right under Section 173 BNSS.
If the police refuse: the escalation ladder
Refusal to register an FIR has a clear legal remedy. The first step is a written complaint to the Superintendent of Police or the Deputy Commissioner of Police for the area — sent by registered post. This creates a paper trail and often resolves the problem, particularly where the SHO's refusal was a matter of local obstruction rather than a coordinated decision. If this does not produce registration, a complaint before the Magistrate under Section 173 BNSS — asking the Magistrate to take cognisance and direct the police to investigate — is the next step. If the matter is serious and the police are genuinely obstructing a legitimate complaint, a writ petition to the Delhi High Court can direct both investigation and accountability.
Zero FIR: filing anywhere, transferring later
An important protection in the BNSS is the Zero FIR — a provision allowing a police station to register an FIR regardless of territorial jurisdiction and then transfer it to the appropriate station. This means that if a crime occurs in one part of the city or even in another state, you can file at any police station near you and the FIR will be transferred to the correct jurisdiction. Using the Zero FIR mechanism prevents you from being turned away on the grounds that "this isn't our area."
E-FIR and online filing
Delhi Police and many state forces now provide for online FIR registration through their portals for certain offences — typically property crimes, theft, and some cyber offences where immediate police action is not required. The e-FIR is appropriate for offences where no suspect is immediately identified and the immediate response priority is a written record. For serious offences, or where an arrest or immediate investigation is needed, filing in person at the police station remains the appropriate route.
In FIR-registration matters, Vikram Singh Kushwaha has worked on complaint drafting, escalation to senior police officers, and court-based remedies where the facts justify intervention.
The difference between a weak complaint and an actionable one is often the quality of the chronology, the specificity of allegations, and the supporting documents placed on record.
Trying to get an FIR registered, or the police are refusing? The FIR & Police-Complaint Self-Help Pack gives you the ready-to-edit letters, replies and checklist for exactly this situation — drafted by Advocate Kushwaha and delivered instantly.
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