Criminal · 6 min read
How to File an FIR in India — and What to Do if Police Refuse (2026)
By the India Law Simplified editorial team · Verified against primary government sources (bare Acts & official portals) · Last updated 2026-05-31
Filing an FIR (First Information Report) is your right for any cognizable offence — and the law now clearly protects you if a police station tries to turn you away.
1How to file an FIR
- Go to the police station with jurisdiction over where the offence occurred.
- Give the information orally or in writing; if oral, the officer must write it down and read it back to you.
- Sign the FIR and collect a free copy — this is your legal right.
- Note the FIR number for follow-up.
2What is a Zero FIR?
If the offence didn't happen in that station's area, you can still file a 'Zero FIR' at any police station. It is later transferred to the correct jurisdiction. This is especially important for urgent matters like assault or accidents — never let 'wrong jurisdiction' delay you.
3If the police refuse to register your FIR
- Send your complaint in writing to the Superintendent of Police (SP).
- If still ignored, approach the Magistrate under Section 175(3) of BNSS 2023, who can direct registration and investigation.
- The Supreme Court in Lalita Kumari (2014) held that FIR registration is mandatory where the information discloses a cognizable offence.
Frequently asked questions
Is filing an FIR free?
Yes. Filing an FIR and getting a copy of it is completely free. No police officer can charge you for it.
Can police refuse to file my FIR?
For a cognizable offence they generally cannot refuse. If they do, escalate to the SP and then to the Magistrate under BNSS Section 175(3).
What is the difference between FIR and a complaint?
An FIR is for cognizable offences and triggers police investigation. A private complaint is filed directly before a Magistrate, often for non-cognizable matters.
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