Criminal Defence
Bail in NDPS Cases in Uttar Pradesh
Bail in NDPS cases: how Section 37 raises the bar for commercial-quantity offences, how the Sessions Court applies it, and what Section 50 means for defence.
What to Do When Police Refuse to Register an FIR
When police refuse to register an FIR, the Lalita Kumari judgment makes registration mandatory for cognizable offences. Under the Bharatiya Nagarik Suraksha Sanhita, send a written complaint to the Superintendent of Police under Section 173(4), or apply before a Magistrate under Section 175(3) directing the police to investigate. A Zero FIR can be lodged at any station.
When must police register an FIR?
The Supreme Court in Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1 — a five-judge Constitution Bench decision — held that registration of an FIR is mandatory when the information discloses a cognizable offence. The officer in charge of the station has no discretion to refuse and no power to conduct a preliminary inquiry before deciding whether to register.
There is a narrow exception. For five categories of cases the court permitted a preliminary inquiry of not more than seven days before registration to determine whether a cognizable offence is made out:
- Matrimonial and family disputes
- Commercial offences
- Medical negligence cases
- Cases involving corruption allegations against public servants
- Cases where it is not immediately apparent from the information whether the act described constitutes a cognizable offence
In every other cognizable case, the duty to register is immediate.
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [formerly Section 154 CrPC] continues this framework. It requires the officer to reduce oral information to writing, read it back to the informant, obtain the informant’s signature, and give a copy free of charge. From 1 July 2024, offences registered on or after that date are governed by the BNSS; older cases continue under the CrPC.
Can I register the FIR at a different police station?
Yes — through a Zero FIR. A Zero FIR is an FIR lodged at any police station regardless of whether that station has territorial jurisdiction over the offence. The station is obliged to accept it, give the informant a copy, and forward it to the station with proper jurisdiction.
This mechanism was devised so that people are not turned away immediately after an incident on the ground that they approached the wrong station. If a person is refused at one station citing lack of jurisdiction, they may go to any other station in the district and request registration as a Zero FIR.
Once a Zero FIR is registered, it acquires a number at the receiving station before transfer, and the investigation proceeds in the normal way from the jurisdictionally correct station.
What is the written complaint to the Superintendent of Police — BNSS 173(4)?
Section 173(4) BNSS [formerly Section 154(3) CrPC] provides a specific statutory remedy when an officer in charge refuses to record information about a cognizable offence. The person may send the substance of the information in writing to the Superintendent of Police for the district.
If the Superintendent of Police is satisfied that the information discloses a cognizable offence, he may:
- Investigate the case himself, or
- Direct the investigation to any officer subordinate to him.
This puts the matter above the station officer who refused and creates a formal record that the refusal occurred and that it was escalated.
How to send the complaint:
- Write out the facts fully — what happened, when and where, who was involved, and specifically what the station officer said when he refused.
- Include any written acknowledgement from the station, or note if they declined to provide one.
- Send by registered post with acknowledgement due to preserve proof of dispatch and delivery.
- Address it to the Superintendent of Police, [District Name] (for Bareilly: Office of the Superintendent of Police, Bareilly).
There is no prescribed form. A clear, dated letter covering the above is sufficient.
How does the Magistrate application under BNSS 175(3) work?
Section 175(3) BNSS [formerly Section 156(3) CrPC] empowers any Magistrate to order the police to investigate a cognizable offence. This is a parallel remedy and does not require an SP complaint to have been made first — though having made it, and having received no response, strengthens the application.
The application is made to the Chief Judicial Magistrate or a Judicial Magistrate of First Class for the district where the offence was committed. For Bareilly, that is the Bareilly District Court.
On receiving the application the Magistrate may:
- Call for a police report on why the FIR was not registered.
- Issue a direction to the police to register the FIR and investigate.
- Take cognizance of the offence on the complaint itself and proceed accordingly.
The application is not a plaint and requires no prescribed format. It should state the facts, record that registration was refused (and when), and pray for a direction to the police.
Can I go directly to the Magistrate without approaching the police again?
Yes. A Magistrate may take cognizance of a cognizable offence on a private complaint — a provision carried over from Section 190 CrPC into the BNSS. After taking cognizance, the Magistrate may direct a police investigation under BNSS 175(3), or may proceed on the complaint itself by examining the complainant and their witnesses.
This route does not depend on the police at all once the Magistrate has taken cognizance. It is slower than a police investigation because the Magistrate conducts the pre-trial inquiry themselves, but it is fully functional and is the appropriate route where earlier steps have not produced a response.
What documents should I gather?
| Document | Why it matters |
|---|---|
| Written refusal from the station, or a note of the verbal refusal with the officer’s name and date | Primary evidence that registration was refused |
| Proof of visit to the station — call records, messages, witnesses | Establishes the fact and time of approach |
| Copy of any written complaint already given to the station | Baseline for SP complaint and Magistrate application |
| Documentary evidence of the offence (messages, photographs, medical certificate, witness contact details) | Shows that a cognizable offence is disclosed |
| Proof of identity and address | Required for all applications |
| Postal receipt and acknowledgement for SP complaint | Evidence that Section 173(4) was invoked, if filing a Magistrate application afterwards |
What if none of these steps produce a result?
Where the SP complaint and the Magistrate application have not produced action within a reasonable time, further escalation is possible:
- Senior police officers. A written complaint may be addressed to the Senior Superintendent of Police (SSP), the Deputy Inspector General, the Inspector General, or the Director General of Police. Each written complaint creates a further record and escalates the matter up the chain.
- State or National Human Rights Commission. The National Human Rights Commission and the Uttar Pradesh Human Rights Commission have treated the refusal to register an FIR for offences affecting life and liberty as a human rights violation. Complaints may be filed online.
- Writ petition to the Allahabad High Court. For serious cases — particularly those involving violence, an offence punishable with imprisonment of three years or more, or where evidence is at risk of destruction — a writ of mandamus directing the police to register the FIR may be sought before the Allahabad High Court at Prayagraj. Interim directions can be applied for at the first hearing.
Related
Frequently asked questions
Is FIR registration mandatory even if the police think it is a civil matter?
Yes. The Supreme Court in Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1 held that registration of FIR is mandatory when the information discloses a cognizable offence. The police may not conduct a preliminary inquiry before registering in straightforward cases, although the court recognised limited categories — matrimonial disputes, commercial offences, medical negligence, and corruption — where a brief inquiry of not more than seven days is permitted before a decision on registration.
What is a Zero FIR and how does it help?
A Zero FIR is an FIR registered at a police station that does not have territorial jurisdiction over the offence. Any station must accept it, assign it a zero number, and transfer it to the jurisdictionally correct station. It prevents the police from turning a person away on the ground that the offence happened in another area.
What happens after I send a written complaint to the Superintendent of Police?
Section 173(4) BNSS provides that if the Superintendent is satisfied that the information discloses a cognizable offence, he may investigate himself or direct a subordinate officer to investigate. This bypasses the station officer who refused and creates a documented record that a refusal occurred.
Can the Magistrate take action without going through the police at all?
Yes. Under BNSS 175(3), a Magistrate can direct the police to investigate. Separately, a Magistrate may also take cognizance on a private complaint and proceed by examining the complainant and witnesses — this route functions entirely without police involvement, though it moves more slowly than an investigation.
What if the police refuse to give me a copy of the FIR?
The informant is entitled under the BNSS to receive a free copy of the FIR as recorded. A refusal to provide it can be included as an additional ground in both the SP complaint and the Magistrate application. A copy may also be sought under the Right to Information Act.
Is there a time limit within which the Magistrate must act on a 175(3) application?
The provision does not prescribe a fixed timeline. Courts treat these applications with urgency where evidence may be lost or the informant is at risk. In a busy district court such as Bareilly, the application is ordinarily taken up within a few weeks; interim directions can be sought if the situation is urgent.