Police refusing to file your FIR? Your rights under the new law (BNSS)
Since 1 July 2024, FIRs are governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). You can report a cognizable offence at any police station, even outside its area (Zero FIR), or online (e-FIR, which must be signed within 3 days). You are entitled to a free copy. If the police refuse, send your complaint to the Superintendent of Police, and if that fails, apply to the Magistrate.
What counts as a cognizable offence?
Serious offences where police can arrest without a warrant, such as theft, cheating, assault and most cyber frauds. For non-cognizable matters the police record the complaint and refer you to the Magistrate.
What to write
Write what happened in date order: who, what, when, where, and any witnesses or evidence. Keep it factual. Sign it and keep a copy with the station’s receipt stamp.
If the station says no
Send the written complaint by post to the Superintendent of Police of the district. If there is still no action, an advocate can file an application before the Magistrate, who can order the police to register and investigate.
Key facts
| Law | Section 173, BNSS, 2023 (replaced Section 154 CrPC) |
|---|---|
| In force since | 1 July 2024 |
| Zero FIR | Any police station must record it, whatever the area, and transfer it |
| e-FIR | Taken on record once you sign it within 3 days |
| Free copy | Yes, to the informant |
| Preliminary enquiry | Allowed for offences punishable 3–7 years, within 14 days, with senior officer’s permission |
| If refused | Complaint to SP (s.173(4)); then Magistrate (s.175(3)) |
Steps
- Write the complaint with dates and facts
- Submit it at the nearest police station or online and ask for the FIR copy
- If refused, post it to the Superintendent of Police and keep the postal receipt
- If still refused, apply to the Magistrate through an advocate
Questions
Can I file an FIR where I live if the crime happened elsewhere?
Yes, as a Zero FIR. The station records it and transfers it to the right station.
Is an online complaint the same as an FIR?
An e-FIR is taken on record only after you sign it within three days. Follow up with the station to make sure it is registered.
Sources
- How to file an FIR under Section 173 BNSS (iPleaders, verified May 2026)
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
Facts checked against these sources on 6 Oct 2026. Laws change; confirm before acting.
This guide is general information, not legal advice for your situation. Talk to an advocate before acting.