How to File an FIR in India: What No One Tells You!

“ Know your rights. Take action. Don’t be silenced.”

Filing a First Information Report (FIR) is often the first and most crucial step in seeking justice. In India, this is not a privilege — it is your legal right. However, thousands of citizens are still turned away at police stations, met with indifference, or subtly pressured into withdrawing their complaints.

This blog is not just a legal guide. It is a citizen’s toolkit, designed to empower you to take action, backed by law and technology, if you ever find yourself in a situation where you need to file an FIR and meet resistance.

Step 1: Call 112 Before You Visit the Police Station

Before heading to the police station, dial 112 — India’s all-in-one emergency response helpline. This step is critical because it leaves a digital footprint of your intent.

Clearly say:

“I am going to [Name of Police Station] to file an FIR. If the FIR is accepted, I will call back to confirm. If it is denied, I will report the refusal as well.”

Why this matters: The call creates a time-stamped, official record in the government’s emergency response system. It proves that you reached out and planned to take lawful action. This step can later support you if the case is escalated to higher authorities or the courts

Step 2: Go to the Police Station With a Written Complaint

Once at the police station, follow these steps carefully:

1.     Ask to meet the Duty Officer or the Station House Officer (SHO).

2.     Present your written complaint. It should include:

o    Date and time of the incident
o    Place of occurrence
o    Names of individuals involved (if known)
o    A clear, factual description of the event
o    Your contact information

3.     Carry two copies of this complaint:

o    One for submission
o    One for receiving an acknowledgment or stamp

4.     If they try to discourage you or delay the process, remember: 

     You are not required to prove anything at this stage.

According to the law, if your complaint reveals a cognizable offence (such as murder, rape, assault, robbery, etc.), the police are legally bound to register an FIR immediately.

What If the Police Refuse to File the FIR?

Sadly, this is not uncommon. But now, you are prepared. Here is how to respond:

1. Leverage Social Media

Go public immediately on X (formerly Twitter) or any widely used social media platform. Your voice can gain attention quickly when amplified. Tag relevant officials and state your case publicly.

Here’s a suggested format for your post:

"I visited [XYZ Police Station] today to file an FIR after informing 112. Despite this, my complaint was refused without valid reason. I urge @CP_[City], @DGPolice, and @CMO to take immediate action. Justice delayed is justice denied. #FIRRights #JusticeForAll"

You can tag:

• Chief Minister’s Office (@CMO)
• Director General of Police (@DGP_[State])
• Commissioner of Police (@CP_[City])
• Prominent legal activists or RTI advocates

2. Call 112 Again

After posting, call 112 again. Mention that your FIR was refused and provide the link to your public post. This builds a second layer of official documentation.

Why This Strategy Works

• It creates legal and digital evidence of your attempt to file the FIR.
• It puts pressure on the local police station from higher-ups.
• It makes the system accountable to public scrutiny.

Many FIRs get registered only after these steps, when officials realize the refusal has been documented and made public.

What If the Police Still Don’t Act?

If, even after this, your FIR is not registered, the law still offers you remedies. These are your next steps.

Legal Remedies You Can Pursue

1. File an Application Under Section 156(3) CrPC

You can approach the Judicial Magistrate First Class or Metropolitan Magistrate under Section 156(3) of the Criminal Procedure Code (CrPC), requesting them to direct the police to register the FIR.

This is the first formal legal escalation when the police fail to act.

2. File a Writ Petition in the High Court

If the Magistrate does not respond or if the matter is urgent (such as a threat to life or a case of sexual violence), you can go directly to the High Court under Article 226 of the Constitution.

You can ask the court to issue a Writ of Mandamus — a legal order directing the police to perform their public duty and register your FIR.

3. File a Contempt of Court Petition

If a Magistrate or High Court has already directed the police to register the FIR and they still fail to comply, you can file a Contempt of Court petition.

This can lead to disciplinary action or punishment for the officers involved in ignoring the court’s order.

4. Approach Human Rights Bodies

If your fundamental rights are being violated due to police inaction or negligence, you can file a complaint before:

• State Human Rights Commission (SHRC)
• National Human Rights Commission (NHRC)
• Lokayukta, if corruption or abuse of power is suspected

These bodies have investigative and recommendation powers and can take up your case independently.

5. File a Private Complaint Under Section 200 CrPC

If all else fails, you can take your complaint directly to the Magistrate’s court under Section 200 of the CrPC. This is known as a private complaint.

The Magistrate can:

• Examine your complaint and witnesses
• Take cognizance of the offence
• Direct an inquiry or order police action
• Proceed with a trial without the police ever filing an FIR

Know the Law: What the Supreme Court Says

In the landmark 2013 judgment, Lalita Kumari v. Government of Uttar Pradesh, the Supreme Court of India ruled that:

"The registration of an FIR is mandatory under Section 154 of the CrPC if the information received by the police discloses a cognizable offence."

This means the police must file an FIR when such an offence is reported. They cannot delay it by saying they will conduct a preliminary inquiry, unless it falls under specific exceptions listed by the Court.

Conclusion: Assert Your Rights. Be Heard.    

Filing an FIR is your first step toward justice — and one of the most powerful legal tools available to any Indian citizen. The law is on your side, but sometimes the system resists.

That is why being prepared, informed, and assertive makes all the difference.

• Call 112 before you visit the station.
• Carry a written complaint.
• Demand acknowledgment.
• Go public if refused.
• Escalate legally if required.

Remember, you do not have to prove the crime when filing an FIR — you only need to report it truthfully. The police are duty-bound to act.

Justice begins with your voice. Make it heard.