Nikhil Can the police in India legally refuse to register an FIR when a cognizable offence is reported, and what are the legal provisions and remedies available to a complainant if the police fail or refuse to register the FIR?
Rohan No, police generally cannot refuse to register an FIR if the complaint discloses a cognizable offence in India. Key points: Under Section 154 CrPC (or corresponding BNSS provision), police are legally required to register an FIR when information about a cognizable offence is received. The Supreme Court has clearly held that FIR registration is mandatory if the information discloses a cognizable offence. Police may refuse only if: The matter is non-cognizable, or The complaint does not disclose any offence at all. If police refuse to register an FIR, the complainant can: Approach the Senior Police Officer (SP/DCP) File a complaint before a Judicial Magistrate for direction to register FIR Approach the High Court in serious cases of inaction
