Police Not Registering FIR in Delhi? What to Do Next

Home › Blog › Criminal Law

By Advocate Shubham Mehta · Updated 5 October 2026 · 9 min read

Police not registering FIR in Delhi is a common problem, but you are not out of options. For a cognizable offence, registering the FIR is the officer’s legal duty. If the SHO refuses, you can complain in writing to the Deputy Commissioner of Police (DCP), and then apply to the Magistrate under Section 175(3) BNSS for a direction to register the FIR.

The full text of the BNSS is available on India Code. This guide explains the law, each remedy step by step, the documents you need and the mistakes that weaken a complaint.

Is the police bound to register an FIR?

Yes, for cognizable offences. A cognizable offence is one where police can arrest without a warrant, such as theft, cheating, assault causing hurt, or cruelty by husband. Section 173(1) BNSS says information about a cognizable offence must be recorded, whatever the police station’s area.

In Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1, a Constitution Bench of the Supreme Court held that registration of an FIR is mandatory when the information discloses a cognizable offence. A preliminary enquiry is allowed only in limited categories, such as matrimonial, commercial and medical negligence disputes, or cases with unexplained delay.

The BNSS change: preliminary enquiry for 3–7 year offences

Section 173(3) BNSS adds a new rule. For offences punishable with three years or more but less than seven years, the officer may, with permission from a DSP-rank officer, hold a preliminary enquiry for up to 14 days to see if there is a prima facie case. This is not a licence to refuse; the officer must still decide within 14 days.

Why police refuse to register FIRs

• They treat the matter as a “civil dispute” (common in money and property cases).
• They want to “verify” first or ask the parties to settle.
• The incident happened in another police station’s area.
• Pressure from the other side, or reluctance to increase crime figures.

Some of these are legitimate grounds for a preliminary enquiry. Others are not. Area of jurisdiction, for example, is never a valid ground — the police must register a zero FIR and transfer it.

Police not registering FIR in Delhi: step-by-step remedies

1. Give a written complaint at the police station. Take a receipt or a stamped copy (a “DD entry” number). An oral complaint leaves no record.
2. Ask for a zero FIR if the officer says the incident is outside their area. Under Section 173(1) BNSS, any station must record it and transfer it.
3. Use e-FIR where available. Delhi Police accepts online FIRs for certain offences such as vehicle and property theft. Under Section 173(1)(ii) BNSS, an e-FIR must be signed by the informant within three days.
4. Complain to the DCP under Section 173(4) BNSS. Send a written complaint by speed post and email to the DCP of the district, attaching your police complaint. Keep postal receipts.
5. Apply to the Magistrate under Section 175(3) BNSS. If the DCP does not act, file an application before the Judicial Magistrate with jurisdiction, supported by an affidavit, and attach proof of your complaints to the SHO and DCP.
6. Consider other forums in serious cases: the Delhi High Court (writ petition) for gross inaction, through a Delhi High Court advocate, or the National or Delhi Commission for Women for crimes against women.

Section 175(3) BNSS application: what the Magistrate looks at

Section 175(3) BNSS made two important changes to the old Section 156(3) CrPC procedure:

• You must first have applied to the Superintendent of Police (in Delhi, the DCP) under Section 173(4). The application must be supported by an affidavit — a requirement earlier laid down in Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287.
• The Magistrate may hold an inquiry and must consider the police officer’s submissions before directing registration.

The Magistrate examines whether the complaint discloses a cognizable offence, and whether evidence is with the police or needs investigation. If the evidence is mostly with you, the court may instead treat it as a private complaint under Section 223 BNSS.

Documents required

How long does it take?

From practice at Rohini Courts: applications that attach a clear timeline of events, the exact sections attracted and proof of every earlier complaint are decided faster. Vague applications are often sent back for a police report, which adds weeks.

Special situations: women, cyber crime and senior citizens

Offences against women

For offences such as sexual harassment, stalking or rape, the information must be recorded by a woman police officer under the proviso to Section 173(1) BNSS, and the victim can ask for her statement to be recorded at her residence or a place of her choice. Refusing to record information about these offences is itself punishable under Section 199 BNS. If the complaint arises from a marriage, our domestic violence lawyer in Delhi page explains the parallel civil remedies.

Cyber fraud and online crimes

For online financial fraud, call the 1930 helpline at once and report on the National Cyber Crime Reporting Portal. Quick reporting helps freeze the money in the recipient’s account. If the local police still refuse to register an FIR, the same DCP and Section 175(3) BNSS remedies apply.

Senior citizens

Delhi Police runs a Senior Citizens Security Cell, and each district has nodal officers for complaints by elderly persons. Senior citizens facing harassment from tenants or relatives can also use remedies under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

What to write in your complaint to the DCP

1. Your name, address and phone number.
2. Date, time and place of the incident, in short numbered paragraphs.
3. The offence disclosed, with the likely BNS sections.
4. The date you approached the police station, the officer you met, and what they said.
5. A request to direct registration of the FIR under Section 173 BNSS.
6. A list of documents attached, and your signature with date.

Keep the complaint to two or three pages. A short, dated and factual complaint is more likely to be acted upon, and it becomes the foundation of your Section 175(3) application if the DCP does not respond.

Common mistakes to avoid

• Skipping the DCP complaint and going straight to the Magistrate.
• Filing without an affidavit.
• Turning a purely civil dispute (unpaid dues without deceit) into a criminal complaint — courts reject these.
• Exaggerating facts or adding relatives without specific roles.
• Not keeping copies, receipts and dates of every complaint.

How a criminal lawyer in Delhi helps

A lawyer can identify the correct sections, draft the DCP complaint and the Section 175(3) application, and argue it before the Magistrate. If you need help, see our page on criminal lawyers in Delhi, or our criminal lawyer in Rohini Court services. Once an FIR is registered, our guide on what to do after an FIR explains the next steps.

For advice specific to your situation, you may consult a qualified advocate.

Frequently asked questions

Conclusion

Police not registering FIR in Delhi is not the end of the road: the law gives you a clear ladder of remedies, from a zero FIR and a complaint to the DCP to an application under Section 175(3) BNSS. Keeping a clean paper trail at every step is what makes these remedies work.

Related guides and services

• Criminal Lawyers in Delhi
• Criminal Lawyer in Rohini Court
• FIR Quashing Lawyer in Delhi
• Guide: What to do after an FIR in Delhi
• Guide: Stages of a criminal case in Delhi

Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm

This article is for general information only and is not legal advice.