Police must register your FIR
In one line
If your complaint shows a cognizable offence, the police must register an FIR.
What happened
A father said the police did not register an FIR when he reported that his minor daughter had been kidnapped. The case raised a wider question: can the police delay or refuse an FIR?
What the court decided
- Registering an FIR is compulsory when the information discloses a cognizable offence (a serious offence where police can arrest without a warrant).
- A short preliminary enquiry is allowed only in some kinds of cases, such as family disputes, commercial disputes, medical negligence and corruption, and must be time-bound.
- Officers who refuse to register an FIR can face action.
What it means for you
- If the police refuse, you can write to the Superintendent of Police or approach the Magistrate.
- The new law, Section 173 of the BNSS (from 1 July 2024), keeps this duty and adds e-FIR and Zero FIR.
- Keep a copy of your written complaint and the date you gave it.
Source: Judgment of the Supreme Court of India in Lalita Kumari v. Government of Uttar Pradesh, decided on 12 Nov 2013.
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This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.
