This article is written by Team LawSikho. This article discusses the Registration of FIR.

Can the police refuse to register an FIR?

For cognizable offenses, the police must register an FIR. In 2013, the Supreme Court in its judgment of Lalita Kumari v. the State of UP held that registration of FIR is mandatory if the information discloses commission of a cognizable offense and no preliminary inquiry is permissible in such a situation. (The police officer cannot wait to first undertake a preliminary inquiry). If the information received does not disclose a cognizable offense but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether the cognizable offense is disclosed or not.

Legally, it is possible that the police refuse to register an FIR in cases where:

• the crime has not occurred within the jurisdiction of the particular police station – they must forward the relevant information to the appropriate police station having jurisdiction.  
• if the offense is of non-cognizable nature – in this case, they should enter the substance of the case in the station diary and refer the informant to approach the concerned Magistrate (See Section 155(1) of the Code of Criminal Procedure).
• if the police are of the opinion that there is not sufficient prima facie evidence of a crime having been committed.

At a practical level it is very important to know whether the FIR has been registered since unless it is registered, it will not be acted upon.

What can be done if the officer in charge of a police station refuses to register an FIR?

According to Section 154(3) of the Code of Criminal Procedure, if the police refuse to register the FIR, the informant can send the substance of the information in writing by post to the Superintendent of Police concerned. If the Superintendent is satisfied that the information discloses the commission of a cognizable offense, can either commence the investigation into the offense himself or direct an officer subordinate to him to do so.

Alternatively, one can submit a complaint to the relevant police station, secure their acknowledgment on a copy of the complaint and thereafter submit the complaint to the metropolitan magistrate court or equivalent, requesting the magistrate’s court to direct the police to register the FIR.