The Supreme Court of India has made it unambiguously clear: a police officer cannot refuse to register an FIR in a cognisable offence. Yet many victims are turned away. This article explains the legal provisions under Section 154 CrPC, your right to approach the Superintendent of Police, and how to file a complaint directly before the Magistrate under Section 156(3) if registration is denied.
What Is a Cognisable Offence?
A cognisable offence is one where the police can arrest without a warrant — such as murder, robbery, kidnapping, rape, or causing grievous hurt. Under Section 154 of the Code of Criminal Procedure (CrPC), the police are legally obligated to register an FIR in such cases.
What If the Police Refuse?
If the officer in charge refuses to register your FIR, you have three options:
1. Send the substance of your complaint by post to the Superintendent of Police under Section 154(3) CrPC.
2. File a private complaint before the Magistrate under Section 156(3) CrPC.
3. File a writ petition before the High Court under Article 226 of the Constitution.
Supreme Court Landmark: Lalita Kumari Case
In Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court held that registration of FIR is mandatory in cognisable offences — officers who refuse can face departmental action and contempt of court.