What to Do If Delhi Police Refuse to Register an FIR – Legal Remedies Explained

In Delhi, many victims of crime face a common and frustrating problem — the police refuse to register an FIR despite clear disclosure of a cognizable offence. Whether it involves theft, cheating, assault, domestic violence, cybercrime, or land disputes, non-registration of FIR can leave a citizen helpless.

However, Indian law does not leave you without remedies. There are clear legal steps you can take from senior police officers to Magistrate courts, to ensure that your complaint is heard and action is taken.

This article explains, in simple language, what you can do if the Delhi Police refuse to register your FIR.

What Is an FIR and Why Is It Important?

An FIR (First Information Report) is the first step in the criminal justice process. It sets the law into motion and enables police investigation.

If the offence disclosed is cognizable (serious crimes like cheating, assault, criminal breach of trust, rape, kidnapping, cyber fraud, etc.), police are legally bound to register an FIR.

Is Police Refusal to Register FIR Legal?

The answer is Big NO. Police cannot refuse to register an FIR if a cognizable offence is disclosed.

Supreme Court Stands:

In Lalita Kumari v. Govt. of Uttar Pradesh (2014), the Supreme Court held: Registration of FIR is mandatory under Section 154 CrPC/Section 173 BNSS, 2023, if the information discloses a cognizable offence.

The Delhi Police is bound by this rule.

Common Reasons Police Refuse FIR (Ground Reality in Delhi)

• Saying it is a “civil matter” not related to criminal matter.
• Asking parties to “settle” outside the Police station or Court.
• Delaying under the pretext of inquiry.
• Refusing orally without written acknowledgment.
• Jurisdiction excuses are also a very common reason.

These reasons do not override the law.

Step-by-Step Legal Remedies If FIR Is Refused

STEP 1: Give Written Complaint to SHO

Always submit your complaint:

• In writing
• With date, facts, and sections (if known)
• Ask for Diary Number (DD No.)

Keep a copy and proof of submission.

 STEP 2: Approach Senior Police Officers (Section 154(3) CrPC/Section 173(4) BNSS, 2023)

If the SHO refuses, you can send your complaint to:

• DCP (Deputy Commissioner of Police)
• Joint Commissioner of Police

In Delhi Practice, complaints can be sent:

• By registered post
• Through the Delhi Police website
• In person at DCP office

The senior officer can: Order registration of FIR or Transfer investigation

 STEP 3: File Application Before Magistrate (Section 156(3) CrPC/175(3) BNSS, 2023)

This is the most effective legal remedy.

You can approach the Metropolitan Magistrate (MM) having jurisdiction and file an application under Section 156(3) CrPC/Section 175(3) BNSS, 2023, seeking directions to the police to register an FIR and investigate.

Delhi Courts’ View:

Delhi Magistrate Courts regularly direct FIR registration when police fail to act. The application must be supported by:

• Affidavit
• Copy of complaint
• Proof of police inaction

STEP 4: Private Criminal Complaint (Section 200 CrPC/223 BNSS, 2023)

If FIR is still not registered, you can file a private complaint before the Magistrate. The court can:

• Record your statement
• Examine witnesses
• Order police investigation
• Summon the accused directly

STEP 5: Writ Petition in the Delhi High Court (Rare but generally Effective)

In exceptional cases (serious rights violations, police abuse, custodial issues), you can file a writ petition under Article 226 seeking:

• FIR registration
• Court-monitored investigation
• Accountability of officers

Delhi High Court has repeatedly intervened in cases of police inaction.

Important Delhi Court Judgments on FIR Registration:

1. Lalita Kumari v. State of UP (2014): Mandatory FIR registration for cognizable offences.
2. Sakiri Vasu v. State of UP (2008): Supreme Court clarified that the Magistrate has wide powers under Section 156(3) CrPC to ensure FIR registration.
3. Priyanka Srivastava v. State of UP (2015): Delhi courts strictly follow this ruling, requiring:

• • Affidavit
  • Proof of prior police approach to prevent misuse of Section 156(3).

4. Delhi High Court – Reena Kumari v. State (2016): Reiterated that police cannot avoid FIR by calling cognizable offence a civil dispute.

Can the Police Conduct a Preliminary Inquiry Instead of an FIR?

Yes, but only in limited categories, such as:

• Matrimonial disputes
• Commercial transactions
• Medical negligence
• Corruption cases

Preliminary inquiry must be completed within 7 days.

What You Should Never Do

– Do not argue verbally at the police station
– Do not rely on oral assurances
– Do not wait endlessly
– Do not pay bribes

The law provides clear written remedies; use them correctly.

Refusal to register an FIR is not the end of the road. The law is firmly on the side of the citizen. From senior police officers to Magistrate courts and even the Delhi High Court, multiple legal remedies exist to protect your rights.

No police officer is above the law. FIR registration is a legal duty, not a favour.

 

Frequently Asked Questions (FAQs)

1. Can Delhi Police legally refuse to register an FIR?

No. If your complaint discloses a cognizable offence, Delhi Police are legally bound to register an FIR under Section 154 CrPC. Refusal is illegal as per the Supreme Court judgment in Lalita Kumari v. State of UP (2014).

2. What should I do if the SHO refuses to register my FIR?

You should:

1. Submit a written complaint and obtain a DD number.
2. Approach the DCP or senior police officer under Section 154(3) CrPC.
3. File an application before the Metropolitan Magistrate under Section 156(3) CrPC.

3. Can I approach the court directly if police do not help?

Yes. You can approach the Metropolitan Magistrate (MM) in Delhi by filing:

• An application under Section 156(3) CrPC (for FIR registration), or
• A private complaint under Section 200 CrPC.

Delhi courts routinely pass directions to police in such cases.

4. Is it mandatory to approach senior police officers before going to court?

Yes. As per Priyanka Srivastava v. State of UP (2015), Delhi courts require proof that:

• You first approached the police station, and
• Then approached senior police officers
  before filing a Section 156(3) application.

5. Can police say the matter is “civil” and refuse FIR?

Police often do this, but they cannot refuse FIR merely by calling it a civil dispute if criminal ingredients exist. Delhi courts have repeatedly held that criminal liability cannot be ignored due to civil remedies.

6. How long can police take for preliminary inquiry?

Only in limited categories (matrimonial disputes, commercial matters, medical negligence, etc.). Such inquiry must be completed within 7 days, after which FIR must be registered if offence is disclosed.

7. Can I file a writ petition in Delhi High Court for FIR registration?

Yes, but only in exceptional cases involving:

• Serious police misconduct
• Gross violation of fundamental rights
• Custodial crimes or sensitive matters

Normally, Magistrate remedy is preferred.

8. What documents are required for filing Section 156(3) application?

• Copy of written complaint
• Proof of approaching police and senior officers
• Supporting documents
• Affidavit (mandatory)

9. Is there any penalty on police officers for refusing FIR?

Yes. Courts can:

• Order departmental action
• Initiate contempt proceedings
• Direct compensation in appropriate cases

10. Do I need a lawyer to file these remedies?

While complaints can be made personally, court proceedings (156(3), 200 CrPC, WRITS) are best handled by an advocate to avoid dismissal on technical grounds.