In an ideal world, the police are duty-bound to register an FIR if a “cognizable offence” (serious crimes like theft, assault, or fraud) is disclosed. This was famously solidified by the Supreme Court in Lalita Kumari v. Govt. of U.P. However, if the police officer refuses to act, you are not powerless. Under the new BNSS framework, here are your primary remedies.
Send the Complaint to the Superintendent of Police (SP)
If any of the police official refused to registered the FIR of the cognizable offence then you can approach the Superintendent of Police or send them a complaint by the registered post.
File a Complaint with the Judicial Magistrate
you have the other option if any of the police authority refused to registered you FIR or complaint then ou can move a application Under Section 175(3) of the BNSS. The Magistrate has the power to order the police to register the FIR and initiate an investigation. The court can also monitor the progress of such an investigation to ensure it is fair.
File a Private Complaint:
You can also file a Complaint Case directly before the Magistrate under Section 223 of the BNSS. In this scenario, the Magistrate examines the complainant and witnesses under oath to decide whether to take cognizance of the offence directly, without necessarily involving a police FIR.
Use the “Zero FIR” Strategy:
If the police refuse to register your case because the crime happened outside their territorial jurisdiction, remind them of the Zero FIR provision now codified in Section 173 of the BNSS. Any police station is legally required to register an FIR for a cognizable offence regardless of where it happened. They must then transfer it to the relevant station.
High Court Writ Petition
If all subordinate remedies are exhausted and there is a gross violation of your rights, you can approach the High Court Under Article 226 of the Constitution. Filing a Writ of Mandamus to compel the police to perform their statutory duty.