Police not lodging FIR? What to do? Updated 2025 July

Police not lodging FIR? What to do? Updated as of 2025 July

Introduction

Registering a First Information Report (FIR) is the crucial first step in seeking justice for crimes like theft, assault, or harassment. Under Indian law, police are legally bound to register an FIR for any cognizable offence. Yet, many people still face refusals, delays, or excuses when they approach the police.

Police not lodging FIR? What to do? Updated 2025 July. This guide, updated for July 2025, explains your rights, the latest legal safeguards, and practical steps you can take if police refuse to lodge your FIR.


1. Your Right to Register an FIR

  • Section 154 of the Criminal Procedure Code (CrPC), 1973 mandates that police must register an FIR if a cognizable offence is reported.
  • The Supreme Court’s judgment in Lalita Kumari v. Government of UP (2013) still governs this area — making registration of an FIR mandatory if the information discloses a cognizable offence.
  • Common examples: theft, physical assault, sexual harassment, domestic violence, and many cybercrimes (depending on the facts).

2. Why Police Sometimes Refuse

Despite the law, refusals happen for reasons like:

  • Claiming “it’s a civil matter” (often misapplied)
  • Jurisdiction excuses: “Wrong police station”
  • Pressure from influential accused persons
  • Informal settlements or bribes
  • Misclassification as non-cognizable

Tip: Theft, assault, and most harassment cases are clearly cognizable under the Indian Penal Code (IPC).

3. Updated Legal Remedies (2025)

If police refuse to register an FIR in 2025, here’s what you can do:

a) Approach a Senior Officer

  • Section 154(3) CrPC: Send a written complaint to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP).
  • Take a copy and get an acknowledgment.
  • Many states now have mandatory complaint tracking numbers under new police reforms — insist on this.

b) Online FIR & E-Complaint Portals

  • Most states have upgraded online FIR systems — check your State Police’s official portal.
  • Many police stations accept complaints by WhatsApp or official grievance apps — keep screenshots of your submission.

c) File a Complaint Before a Magistrate

  • Under Section 156(3) CrPC, approach the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate.
  • The Magistrate can order the police to register an FIR and start an investigation.

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d) Right to Information (RTI)

  • You can file an RTI to know why your FIR wasn’t registered. This often pushes reluctant officers to act.

e) Constitutional Remedies

  • If repeated complaints are ignored, file a writ petition under Article 226 in the High Court for directions to the police.
  • Courts can impose penalties on erring officers for contempt or dereliction of duty.

4. Practical Steps to Protect Yourself

  • 1. Always submit your complaint in writing.
    2. Carry at least two copies — one for the station, one with you.
    3. Get an acknowledgment with date and stamp.
    4. Record names, ranks, and badge numbers of police officers involved.
    5. If safe, record conversations or refusal statements discreetly.
    6. Take a trusted person with you.
    7. Seek legal help if the refusal continues.

5. Penalties for Police Officers (2025)

Under current law and guidelines:

  • Officers who deliberately refuse to register an FIR can face departmental action, suspension, and contempt proceedings.
  • The Supreme Court and many High Courts have reiterated this in multiple rulings as recently as 2024–2025.

Conclusion

The law is clear: if you report a cognizable offence like theft, assault, or harassment, the police must lodge your FIR. If they don’t, you have powerful legal tools to enforce your right.

Don’t stay silent — know your rights, use legal remedies, and get professional help if needed.

Topic Key Points
Your Right to Register an FIR
  • Police must register FIR for any cognizable offence (Section 154 CrPC).
  • Supreme Court: FIR is mandatory if information discloses cognizable offence (Lalita Kumari v. Govt of UP).
  • Examples: theft, assault, harassment, many cybercrimes.
Common Reasons Police Refuse
  • Claiming it’s a civil dispute.
  • Excuses about wrong jurisdiction.
  • Influence of accused persons or corruption.
  • Misclassification as non-cognizable.
What You Can Do (Updated 2025)
  • Approach Senior Officer: Write to SP/DCP under Section 154(3) CrPC.
  • File Online: Use updated state police portals, WhatsApp complaints, or grievance apps.
  • Magistrate: File complaint under Section 156(3) CrPC.
  • RTI: File RTI asking why FIR wasn’t registered.
  • High Court: File writ petition under Article 226 if needed.
Practical Tips
  • Submit complaint in writing, keep copies, get acknowledgment.
  • Record officer names, ranks, refusal statements if safe.
  • Take a trusted person with you.
  • Consult a lawyer if needed.
Penalties for Police (2025)
  • Refusal to register FIR is misconduct.
  • Possible departmental action, contempt proceedings.
  • Courts can impose fines or disciplinary orders.

Need Assistance?

If you’re struggling with police inaction, our team of experienced criminal lawyers can help you draft complaints, approach senior officers, file court petitions, and protect your rights.

📞 Contact us today for a confidential consultation.


Last Updated: July 2025

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