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If a police station in India refuses to record information about a cognizable offence, send the substance of your complaint in writing by post to the concerned Superintendent of Police (SP). If that escalation fails, you may apply to an empowered Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This process is for information that discloses a cognizable offence; non-cognizable matters follow a different route.
What to do if the police station refuses to register your complaint
The BNSS sets out a sequence: report the information to a police station, escalate a refusal in writing by post to the concerned SP, and, if necessary, apply to a Magistrate. The law discussed here applies in India. The BNSS replaced the former Code of Criminal Procedure framework for this procedure; the Bureau of Police Research and Development identifies it among the new criminal-law Acts published in the Gazette. BPR&D: New Criminal Laws
- Make the report specific. Describe what happened, when and where, who was involved if known, and any witnesses or supporting records. Keep a copy and note when and how you submitted it.
- Use oral or electronic reporting if appropriate. Section 173(1) permits information about a cognizable offence to be given orally or by electronic communication to the officer in charge of a police station, regardless of where the offence occurred. If you send it electronically, you must sign it within three days for it to be taken on record.
- Ask for the recorded information and your free copy. If the information is recorded under section 173(1), the informant or victim must receive a copy forthwith and free of cost.
- If the station refuses, write to the SP. Send the substance of the information in writing by post to the concerned SP under section 173(4). Keep a copy of what you sent and proof of posting or delivery. If the SP is satisfied that it discloses a cognizable offence, the SP must investigate or direct a subordinate officer to investigate.
- If the SP route fails, consider applying to a Magistrate. Section 173(4) allows an aggrieved person to apply to a Magistrate. Under section 175(3), the application must be supported by an affidavit. The Magistrate may make an inquiry and consider the police officer’s submission before deciding whether to order an investigation. Ask a local lawyer or legal aid service to help identify the empowered court and its filing requirements.
The statutory escalation appears in BNSS sections 173 and 175. Local office titles, court filing procedures, and police systems vary by state or union territory, so confirm those details for your location.
First check whether the information concerns a cognizable offence
The SP escalation described in section 173(4) applies when the information discloses a cognizable offence. Whether a particular incident meets that legal definition depends on its facts and applicable law; this article cannot determine that classification for an individual case.
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| Type of matter | What the BNSS provides |
|---|---|
| Cognizable offence | Information may be given under section 173(1) at a police station regardless of where the offence occurred. If it is recorded, the informant or victim is entitled to a free copy. |
| Non-cognizable offence | Under section 174, police enter the information and refer the informant to a Magistrate. Police generally cannot investigate without a Magistrate’s order. |
| Multiple offences, at least one cognizable | The BNSS treats the case as cognizable. |
These distinctions are set out in the BNSS.
A refusal is different from the BNSS’s limited preliminary inquiry
For a cognizable offence punishable with three years or more but less than seven years, section 173(3) allows a specific preliminary-inquiry option. The officer in charge must first obtain permission from an officer not below the rank of Deputy Superintendent of Police. The officer may conduct an inquiry to determine whether a prima facie case exists, within fourteen days, or proceed with investigation where a prima facie case exists.
This provision is limited to that punishment range and its stated conditions. It does not create a general right to delay or refuse recording information about every cognizable offence. If you are told an inquiry is underway, you can ask what step is being taken and whether the matter is being handled under section 173(3).
If someone is in immediate danger
Prioritize safety and urgent medical care rather than waiting for the complaint procedure to finish. The applicable emergency contact depends on location; use the emergency service available where you are.
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- A copy of the report or a clear written summary of the information you gave.
- Dates, locations, names of people involved if known, and witness details.
- Copies of relevant supporting records, keeping originals safe.
- A note of when and how you approached the police station and what response you received.
- A copy of the letter to the SP and proof of posting or delivery.
- For an electronic report, a record of submission and the signed version sent within the statutory three-day period.
These records help you explain what was reported and document the escalation. They do not establish by themselves whether an offence is cognizable or guarantee that a particular authority will take a specific action.
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