September 30, 2022

Remedies when the police refuse to file “FIR”

This article is written by Aarti Gautam. She is a law student of Panjab University regional center, Ludhiana.

You can follow these ways if police refuses to file your FIR.

  • By Complaining to the Superintendent of the Police

If the police station within territorial jurisdiction refuses to file FIR for any cognizable offences (offences which are more serious in nature like murder, rape kidnapping etc.). The person can write a complaint of his case and can approach any senior officer of police or the superintendent of police or the commissioner of police. After analysing the complaint they may investigate the case by themselves and give direction to subordinate to register FIR and initiate investigation.

  • By Complaining to judicial magistrate    

The complainant may send written complaint of his case to the judicial magistrate of the jurisdiction (legal body).  They will analyse the matter and will ask police to register FIR and investigate the case.

  • By filing writ petition

The complainant may file a writ petition of Mandamus against the defaulting police officer while giving the reasons why FIR was not registered and may ask for the compensation/claim damages under article 21 for the deprivation of life and liberty.

  • By complaining to state human right commission or national human right commission

The complainant may file a case in a written form to the state or national human right commission against that police officer who is denying the rights of victim, not doing his duty, negligence in taking complaints, and creating mental trauma to the victim.

Watch here in hindi what to do if police refuse to file your FIR.