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When the police won't register your complaint: the private complaint route

A refusal at the police station is not the end. The criminal law gives you a direct way to the Magistrate.

Police must register an FIR when information discloses a cognizable offence. When they refuse, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 gives you further options.

Step 1: Write to the Superintendent of Police

Send the substance of your complaint in writing to the Superintendent of Police or Commissioner. Keep proof of delivery.

Step 2: Approach the Magistrate

If there is still no action, you can apply to the jurisdictional Magistrate to direct the police to investigate, supported by an affidavit. Alternatively, you can file a private complaint, often called a PCR, directly before the Magistrate.

What happens next

On a private complaint the Magistrate records your statement and that of witnesses, may order an inquiry, and decides whether there is enough to summon the accused.

Prepare well

  • A clear chronology of events
  • Documents, messages and photos supporting each allegation
  • Names and addresses of witnesses
  • Proof that you approached the police and senior officers
This article is general information, not legal advice, and the law and procedures may change. For advice on your situation, book a consultation.

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