Under Section 173 BNSS / Section 154 Cr.P.C., police are statutorily mandated to register an FIR upon receiving information disclosing a cognizable offence (Lalita Kumari mandate).
Key Legal Takeaway
If a police station refuses to register an FIR, the victim should send a written representation to the Superintendent of Police (SSP/SP) under Section 173(4) BNSS, followed by filing an application before the Judicial Magistrate under Section 175(3) BNSS / Section 156(3) Cr.P.C. for mandatory investigation directions.
1. The Mandatory Registration Rule (Lalita Kumari)
The Supreme Court established that registration of FIR is mandatory if information discloses a cognizable offence; police cannot conduct arbitrary preliminary inquiries in cognizable cases.
2. Step 1: Representation to the Superintendent of Police
Sending a detailed written complaint by registered post to the Senior Superintendent of Police (SSP Haridwar / Dehradun) under Section 173(4) BNSS.
3. Step 2: Application Before Judicial Magistrate (Section 175 BNSS / 156(3) Cr.P.C.)
Filing an application with supporting affidavit before the Magistrate seeking directions ordering the police station to register an FIR and submit an investigation report.
4. Step 3: Private Criminal Complaint under Section 223 BNSS / 200 Cr.P.C.
If the Magistrate chooses not to direct police investigation, the court can treat the application as a private complaint, record statement of complainant and witnesses, and summon the accused.
Frequently Asked Questions
Legal Guidance Note | RCS & Associates (Advocates & Lawyers in Roorkee & Haridwar)
Founder: Ramesh Chand Saini (Ex-Senior Prosecuting Officer, UP | M.A., MBA, LL.M.) | Member: Amardeep Saini (Notary & Advocate)
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