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Delhi · Police · FIR under the BNSS

Police Not Registering Your FIR in Delhi? Your Rights and Remedies Under the BNSS

You go to the police station after a theft, an assault, a fraud or a threat, and the duty officer says "this is civil", "go to another thana", "bring proof first" or simply "come back tomorrow". Refusal or delay in registering FIRs is one of the most common complaints Delhi residents have about policing. The law is clearly on your side for serious matters, and gives you a ladder of remedies when the police do not act. This guide explains what an FIR is, when police must register it, the new zero FIR and e-FIR rules under the Bharatiya Nagarik Suraksha Sanhita, the preliminary enquiry power for offences punishable with three to seven years, how to escalate to the DCP and the magistrate under sections 173(4) and 175(3), special rules for women and for cyber fraud, what the Supreme Court has said in 2025 and 2026, and what to do if a false FIR is registered against you. Share your situation in the form and an enrolment-checked advocate can call you, at no charge to you.

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Quick answer

When information given to the police discloses a cognizable offence, the officer in charge of the police station must register an FIR under section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whatever the area where the offence happened (zero FIR), and must give you a free copy; information can also be given electronically and signed within three days. For offences punishable with three to seven years, police may first hold a preliminary enquiry of up to 14 days with a senior officer\'s permission. If the police refuse, send your complaint in writing to the Deputy Commissioner of Police of the district under section 173(4); if that fails, apply to the Magistrate under section 175(3) with a supporting affidavit for a direction to register and investigate, or file a private complaint. Refusing to record information about certain sexual offences against women is itself punishable. For cyber fraud, use 1930 or cybercrime.gov.in; in Delhi, complaints above Rs 10 lakh become e-Zero FIRs automatically.

FIR basics: what it is and why it matters

A First Information Report is the written record, made by the police, of the first information received about a cognizable offence. It sets the criminal law in motion: once it is registered, the police are bound to investigate, can arrest where the law permits, seize property, freeze accounts, collect evidence and eventually file a final report before the court. Without an FIR, a victim is left with a "complaint" or "diary entry" on which the police may or may not act.

Since 1 July 2024, criminal procedure in India is governed by the BNSS of 2023 instead of the old Code of Criminal Procedure. The old section 154 on FIRs is now section 173, the old section 156(3) (magistrate's power to order investigation) is now section 175(3), while crimes themselves are now defined in the BNS rather than the Indian Penal Code. Many Delhi police officers and residents still use the old numbers in conversation; the substance is largely similar, with some important changes explained below.

Important: Mara Vakil is an online service for reaching independent lawyers; it does not practise law or advise on cases, and contacting a lawyer through it is free. If you or someone else is in immediate danger, call 112 first. This guide reflects the law as of October 2026.

Cognizable and non-cognizable offences

The duty to register an FIR applies to cognizable offences, those in which the police can arrest without a warrant, as listed in the First Schedule to the BNSS. Most serious offences are cognizable: murder, rape, robbery, theft, cheating with dishonest inducement, criminal breach of trust, grievous hurt, dowry death, kidnapping, extortion and many more. For non-cognizable offences, such as simple hurt in some cases, defamation or minor nuisance, the police record the information in a register and refer the informant to the Magistrate; they cannot investigate without the Magistrate's order.

TermMeaning
FIRFormal record of information about a cognizable offence; starts investigation
DD entry or GD entryDaily diary or general diary entry at the police station; not an FIR
Complaint (diary number)A written complaint acknowledged with a number; may lead to enquiry or FIR
NCRRecord of a non-cognizable offence; police refer the informant to the Magistrate
Zero FIRRecorded by whichever station receives the information, even for a crime elsewhere, and passed on
e-FIRInformation given electronically, to be signed by the informant within three days
Private complaintA complaint filed directly before the Magistrate under section 223 BNSS

When the police must register an FIR

Section 173(1) of the BNSS says that every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and must be reduced to writing, read over to the informant and signed, or, if given electronically, taken on record once signed by the informant within three days. The substance is entered in a book in the form prescribed. The informant gets a copy free of cost under section 173(2).

Lalita Kumari: registration is mandatory

In Lalita Kumari v. Government of Uttar Pradesh (2014), a Constitution Bench held that registration of an FIR is mandatory under section 154 CrPC if the information discloses a cognizable offence, and no preliminary enquiry is permissible in such a case. The Court allowed a limited preliminary enquiry only where the information does not clearly disclose a cognizable offence but indicates the need for enquiry, and listed categories where such enquiry may be appropriate, such as matrimonial and family disputes, commercial offences, medical negligence, corruption cases, and cases with abnormal delay in reporting. It also said an officer who does not register an FIR when a cognizable offence is disclosed must face action.

What the BNSS changed

The BNSS keeps the mandatory rule but adds section 173(3), which allows a preliminary enquiry for offences punishable with three years or more but less than seven years, explained in the next section. For offences punishable with seven years or more, and for offences below three years that are cognizable, the Lalita Kumari rule continues: if the information discloses a cognizable offence, the FIR must be registered.

Refusing to record certain information is an offence

Under section 199 BNS, the successor to old section 166A IPC, an official who does not record information concerning specified offences commits a crime, including specified sexual offences and acid attacks, with rigorous imprisonment of at least six months, which may extend to two years, and fine. This makes refusal to register such FIRs a serious matter for the officer concerned.

Zero FIR, e-FIR and e-Zero FIR

Zero FIR

Before 2024, courts had developed the practice of the zero FIR: the station that first hears of a cognizable crime committed outside its limits should still record it and forward it to the station concerned. The BNSS now writes this into section 173(1) with the words "irrespective of the area where the offence is committed". A Delhi police station cannot refuse to register your FIR merely because the offence happened in another police station's area or another state; it should register and transfer it.

e-FIR

Information can now be given by electronic communication, which must be signed by the informant within three days before it is taken on record. Delhi Police has for some years allowed online registration of FIRs for certain categories, notably motor vehicle theft and theft of property where the accused is unknown, through its website and app. Lost articles can be reported online through a lost report system, which is not an FIR but is often enough for duplicate documents. Check the Delhi Police website for the categories currently available online.

e-Zero FIR for cyber fraud

From May 2025, a Home Ministry scheme first tried in Delhi turns large online fraud complaints (over Rs 10 lakh) lodged on 1930 or the national portal into e-Zero FIRs without further action by the victim, and the complainant should visit the cyber police station within three days to have them converted into regular FIRs. A report in August 2026 said Delhi had registered 4,174 e-Zero FIRs, the highest of any state or union territory, out of over 12,000 nationally within a year. Our guide to cyber fraud in Delhi explains the process.

The preliminary enquiry for offences punishable with three to seven years

Section 173(3) of the BNSS allows the officer in charge, on receiving information about a cognizable offence punishable with imprisonment of three years or more but less than seven years, with prior approval from at least a DSP-rank officer (an ACP in Delhi's set-up), and considering the nature and gravity of the offence, to conduct a preliminary enquiry within 14 days to ascertain whether a prima facie case exists, or to proceed with investigation directly where a prima facie case exists.

What the Supreme Court said in Imran Pratapgadhi

In Imran Pratapgadhi v. State of Gujarat (28 March 2025), Justices Abhay S. Oka and Ujjal Bhuyan explained that section 173(3) is a significant departure from the old section 154. Under the old law, a preliminary enquiry was not permitted where the information disclosed a cognizable offence; under section 173(3), for offences in the three-to-seven-year bracket, the officer may conduct one even if a cognizable offence is disclosed, to check whether there is a prima facie case. If a prima facie case is found, the FIR must be registered; if not, the informant must be told, and can approach the Superintendent of Police (in Delhi, the DCP) under section 173(4). The Court urged that the power be used to avoid FIRs in frivolous cases, particularly those touching free speech.

Which common offences fall in this bracket?

Offence (BNS)Maximum punishmentPreliminary enquiry possible?
Cheating with dishonest inducement, section 318(4)Seven yearsNo: seven years is outside "less than seven years"
Cruelty by husband or relatives, section 85Three yearsYes, in principle
Criminal intimidation, section 351(2)Two yearsNo; below three years
Theft, section 303(2)Three yearsYes, in principle
Criminal breach of trust, section 316(2)Five yearsYes, in principle
Voluntarily causing grievous hurt, section 117(2)Seven yearsNo
Rape, robbery, murder and other grave offencesMore than seven yearsNo; FIR must be registered

The table is a simplified guide; whether the bracket applies depends on the precise section invoked and its maximum punishment. In practice, Delhi police stations sometimes treat many complaints as subject to enquiry, including ones outside the bracket. Knowing the punishment for the offence you are reporting helps you insist on immediate registration where the law requires it.

What you can do during an enquiry

Common excuses at Delhi police stations, and the legal answer

What you may hearThe legal position
"This did not happen in our area."Section 173(1) requires registration irrespective of area; the FIR can be transferred.
"It is a civil matter."If the facts disclose a cognizable offence such as cheating, forgery or criminal breach of trust, the existence of a civil dispute does not bar an FIR.
"Bring proof first."The informant need not prove the offence; information disclosing a cognizable offence is enough. Evidence is collected in investigation.
"We will register after enquiry."Enquiry is permitted only for the three-to-seven-year bracket with senior permission, or in Lalita Kumari categories, and must be completed within 14 days.
"Settle it between yourselves."Police cannot insist on settlement before registering a cognizable offence.
"We have noted it in the diary."A DD entry is not an FIR. Ask for the FIR number or a written refusal.
"Come with a lawyer."You do not need a lawyer to give information; any person can report.
"File online."Online filing is an option, not a reason to refuse a written or oral complaint in person.

Stay calm and polite, give your complaint in writing, and ask for a receipt or diary number. Note the names of officers you spoke to and the time. This record matters when you escalate.

If the police refuse: the ladder of remedies

Step 1: written complaint at the police station

Write a clear complaint addressed to the Station House Officer: who you are, what happened, when and where, who did it if known, witnesses, documents, and a request to register an FIR under section 173 BNSS. Submit it in person and ask for a receipt with diary number, or send it by email and speed post. Keep proof.

Step 2: the Deputy Commissioner of Police under section 173(4)

Section 173(4) lets a person aggrieved by refusal to record information send the substance of it, in writing and by post, to the Superintendent of Police. In Delhi, which has a commissionerate system, the equivalent officer is the Deputy Commissioner of Police of the district. The DCP, if satisfied that the information discloses a cognizable offence, must either investigate personally or direct a subordinate officer to investigate. Send the complaint by registered or speed post with tracking, attaching your earlier complaint and receipt, and also by email to the DCP's official address. Many grievances are resolved at this stage.

Step 3: the Magistrate under section 175(3)

If the DCP does not act, approach the Judicial Magistrate with jurisdiction by an application under section 175(3) BNSS, asking for a direction to the police to register an FIR and investigate. This is explained in detail in the next section.

Step 4: private complaint under section 223

As an alternative, you can file a complaint directly before the Magistrate, who examines you and your witnesses on oath and may take cognizance and summon the accused, or direct an inquiry or investigation before deciding. This route keeps the prosecution in your hands but puts the burden of leading evidence on you.

Step 5: the High Court

A writ petition before the Delhi High Court seeking a direction for registration is possible, but the Supreme Court held in Sakiri Vasu v. State of U.P. (2007) and later cases that the High Court should ordinarily not entertain such petitions where the alternative remedies of approaching senior police officers and the Magistrate are available. Writs are more suitable in exceptional cases, such as where the police themselves are accused or there is a pattern of inaction.

Other complaints about police conduct

Separately from getting your FIR registered, you can complain about the conduct of the officer who refused, to the DCP, the Joint or Special Commissioner of the range, or the Commissioner of Police, and through the Delhi Police public grievance channels.

Applying to the Magistrate under section 175(3)

Section 175(3) BNSS empowers a Magistrate competent to take cognizance to order an investigation. The BNSS made three important changes compared with the old section 156(3):

Complaints against public servants

Section 175(4) adds special protection where the allegation is against a public servant arising in the course of official duty: the Magistrate may order investigation only after receiving a report from the officer's superior and considering the public servant's version. A January 2026 Supreme Court decision, as reported, held that section 175(4) must be read with section 175(3), so the prior approach to police and the affidavit requirement apply to such complaints too, and that the Magistrate must pass reasoned orders.

What to file

  1. The application under section 175(3), setting out the facts and the offences disclosed.
  2. A supporting affidavit of the complainant.
  3. Copies of the complaint to the SHO and the section 173(4) complaint to the DCP, with postal receipts and tracking.
  4. Documents and evidence in support.

The application is filed before the Magistrate of the area where the police station is located, in the district court complex: Tis Hazari, Saket, Karkardooma, Rohini, Dwarka, Patiala House or, for certain special matters, Rouse Avenue.

What the Magistrate does

The Magistrate calls for an action taken report from the police, may hear the complainant, and then either directs registration of an FIR and investigation, or declines and may treat the matter as a complaint case under section 223. Directions are not automatic: the Magistrate considers whether the facts disclose a cognizable offence and whether police investigation is needed, for instance because evidence must be collected that the complainant cannot gather alone.

Special protections for women, children and persons with disabilities

The provisos to section 173(1) BNSS contain specific protections:

Children

The POCSO Act of 2012 obliges anyone who knows of a sexual offence against a child must report it to the police or the Special Juvenile Police Unit, and the police must record it, with child-friendly procedures. Failure to report or record is itself an offence under that Act.

Scheduled Castes and Scheduled Tribes

Where the Atrocities Act applies, its section 18A, inserted in 2018 and upheld by the Supreme Court in Prithvi Raj Chauhan v. Union of India (2020), says no preliminary enquiry is required for registration of an FIR against any person.

Dowry and domestic violence

For cruelty by husband or relatives, an offence punishable with up to three years, police may conduct a preliminary enquiry, and the Supreme Court has endorsed family welfare and screening mechanisms in some situations. Our guides to 498A and dowry cases and domestic violence cases explain the alternatives, including civil reliefs under the DV Act that do not depend on an FIR.

Helplines

In Delhi, 112 connects to the police in an emergency, and the women helpline 181 offers advice and referral. For cyber crimes, call 1930.

After the FIR is registered: your rights as informant and victim

If a false FIR is registered against you

The same law that obliges police to register FIRs also protects people falsely accused. If you learn that an FIR has been registered against you on false allegations:

  1. Get a copy of the FIR from the Delhi Police website, the police station, or through an advocate.
  2. Assess arrest risk: for offences punishable with up to seven years, police must follow section 35 BNSS and the Arnesh Kumar guidelines before arresting, and usually issue a notice of appearance. For serious offences, consider anticipatory bail under section 482 BNSS; our anticipatory bail guide explains the process.
  3. Cooperate with the investigation and give your version with documents, so it is recorded.
  4. Quashing: where the FIR does not disclose any offence even if taken at face value, or is manifestly malicious, the Delhi High Court may set it aside using its inherent power under section 528 BNSS, following the principles in State of Haryana v. Bhajan Lal (1992).
  5. Remedies against the false informant: giving false information to a public servant and instituting false criminal proceedings are offences under the BNS (sections 217 and 248), and civil suits for malicious prosecution and defamation are possible after acquittal or closure.

Do not respond with counter-FIRs unless you have a genuine grievance; tit-for-tat cases rarely help and are viewed poorly by courts.

Situations from Delhi police stations, worked through

These composite examples show how the remedies work in practice. They are invented for illustration.

1. Assault in Laxmi Nagar

A neighbour beats a 70-year-old man with a stick, causing a fracture. The family goes to the police station twice and is given only a diary number. A fracture is grievous hurt; voluntarily causing it under section 117(2) BNS is cognizable and carries up to seven years, which is outside the three-to-seven-year enquiry bracket. The son sends a written complaint with the MLC and X-ray report to the DCP East by speed post and email under section 173(4). Two days later, an FIR is registered. Had it not been, the next step would have been an application under section 175(3) to the Magistrate at Karkardooma.

2. Property fraud in Dwarka

A buyer pays Rs 35 lakh to a seller who turns out to have sold the same flat to two others. The police call it a civil dispute. Cheating with dishonest inducement under section 318(4) BNS is punishable with up to seven years, so the preliminary enquiry provision does not apply in its terms. After the DCP does not respond, the buyer's advocate files an application under section 175(3) with an affidavit and the bank transfers; the Magistrate directs registration and investigation, noting that police help is needed to trace the money and the other sale deeds.

3. A stolen scooter in Rohini

A student's scooter is stolen from outside a coaching centre. Instead of waiting at the police station, he registers an e-FIR for motor vehicle theft online through the Delhi Police system, receives a copy by email, and uses it for his insurance claim.

4. Sexual harassment complaint in South Delhi

A woman reports stalking and threatening messages from a former colleague. She asks that her statement be recorded by a woman officer, as section 173(1) requires for stalking complaints. When the station initially delays, she notes that failure to record such information is punishable under section 199 BNS and escalates to the DCP; the FIR is registered the same day.

Do you need a lawyer to get an FIR registered?

No lawyer is needed to give information to the police or to write to the DCP. Many people manage these steps themselves with a clear written complaint. A criminal lawyer becomes useful when:

Describe what happened in the form on this page and Delhi criminal lawyers whose enrolment is verified can contact you. Being put in touch costs nothing, and you settle any fee with the lawyer yourself. Mara Vakil's own paid services include a legal notice where a civil demand is needed alongside the criminal complaint. See also our lists of Delhi criminal lawyers and Delhi bail lawyers, and how to choose an advocate.

How to write a police complaint that gets registered

A well-written complaint makes refusal harder and investigation easier. Officers deal with many vague complaints every day; a precise one stands out.

Structure

  1. Addressed to: The Station House Officer, Police Station [name], Delhi.
  2. Subject: Request to register an FIR under section 173 BNSS for [short description, such as cheating and criminal breach of trust].
  3. About you: name, age, address, phone, email.
  4. The accused: names, addresses, phone numbers, vehicle numbers or other identifying details, or "unknown persons" where not known.
  5. Facts in date order: what happened, when and where, in short numbered paragraphs. Include exact dates, times, amounts and places.
  6. Witnesses: names and contact details of people who saw or know relevant facts.
  7. Evidence: list of documents attached: bank statements, messages, photographs, medical reports, CCTV details, receipts.
  8. Offences disclosed: optional, but naming the likely sections, such as section 318 BNS for cheating, helps the officer and shows you know the law.
  9. Request: "I request that an FIR be registered and the matter investigated in accordance with law. Kindly provide me a copy of the FIR."
  10. Signature and date, with a list of enclosures.

Tips

FIRs in common Delhi situations

SituationWhat to do
Missing person, especially a childReport immediately; there is no waiting period. For missing children, police must register an FIR and start searching at once.
Vehicle or mobile theftUse the e-FIR facility for vehicle theft or theft by unknown persons; lost phones can be blocked through the Department of Telecommunications' system.
Road accident with injuryPolice must register an FIR; the victim can claim compensation before the Motor Accidents Claims Tribunal on the basis of the accident report.
Cheque bounceNo FIR; it is a complaint case under section 138 of the Negotiable Instruments Act before the Magistrate. See our cheque bounce guide.
Online fraudCall 1930 or file on cybercrime.gov.in first; above Rs 10 lakh, an e-Zero FIR is created automatically.
Property grabbing or forged documentsComplaint for trespass, forgery and cheating, along with civil remedies. See our illegal possession guide.
Dowry harassment or domestic violenceFIR for cruelty, or civil reliefs under the DV Act, or both; preliminary enquiry is possible for cruelty.
Neighbour quarrel with threatsCriminal intimidation may be non-cognizable or carry short sentences; police may record an NCR and refer you to the Magistrate, or take preventive action.
Workplace sexual harassmentInternal Committee under the POSH Act, and FIR for offences such as stalking or sexual harassment where applicable.
Medical negligenceCourts require care before prosecuting doctors; complaints are usually examined with expert opinion first.

What the police can and cannot do before registering

Who is who in Delhi Police: finding the right officer

Delhi Police is headed by a Commissioner of Police and organised into police districts, each under a Deputy Commissioner of Police (DCP), with Assistant Commissioners of Police (ACPs) supervising groups of police stations, and Station House Officers (SHOs) in charge of individual stations. Several districts form a range under a Joint Commissioner, and specialised units such as the Crime Branch, Economic Offences Wing, Special Cell and its cyber unit handle particular kinds of cases.

OfficerRole for a complainant
Duty officer and SHOReceive information and register the FIR
ACP (sub-division)Supervises police stations; permits preliminary enquiries for three-to-seven-year offences
DCP (district)Receives complaints under section 173(4) when the station refuses; can order investigation
Joint and Special CommissionersSenior supervision; complaints about serious inaction or misconduct
Economic Offences WingLarger financial frauds, often above specified thresholds
Cyber police stations and IFSOCyber crime and cyber financial fraud

Delhi has around fifteen police districts, including Central, New Delhi, North, North West, North East, East, Shahdara, South, South East, South West, West, Outer, Outer North, Rohini and Dwarka. The Delhi Police website lists each district's DCP office address and email; send section 173(4) complaints there. If you are unsure which district your police station falls in, the police station's own notice board or the website will show it.

From section 154 to section 173: what changed and why it matters

For decades, section 154 of the Code of Criminal Procedure governed FIRs, and courts built a detailed body of law around it: Lalita Kumari on mandatory registration, Sakiri Vasu on approaching the Magistrate, Priyanka Srivastava on affidavits, and Youth Bar Association on uploading FIRs online. The BNSS keeps the core of that law and adds new features.

FeatureOld CrPCBNSS (from 1 July 2024)
Registration dutySection 154Section 173(1)
Zero FIRCourt-developed practiceWritten into section 173(1)
Electronic informationNot expressly providedAllowed, signed within three days
Preliminary enquiryOnly Lalita Kumari categoriesAlso section 173(3) for three-to-seven-year offences, 14 days, with DSP-level permission
Complaint to senior officerSection 154(3)Section 173(4)
Magistrate-ordered investigationSection 156(3)Section 175(3), with prior 173(4) approach and affidavit
Public servantsNo special step at this stageSection 175(4) report from superior and public servant's version
Progress information to victimNot specifiedSection 193(3), within 90 days

For a complainant, the most practical changes are the right to report anywhere, the option of electronic reporting, and the new requirement to approach the DCP before the Magistrate. For police, the preliminary enquiry power gives more discretion in middle-range offences, which the Supreme Court has said must be used judiciously.

Your rights when the police question you as complainant or witness

A realistic escalation timeline

DayAction
Day 0Visit the police station with a written complaint and documents; ask for registration and a receipt.
Day 1 to 3If refused or kept pending, follow up in person or by phone, and confirm by email.
Day 3 to 7Send the complaint to the DCP under section 173(4) by speed post and email, attaching the earlier receipt.
Day 14 to 21If a preliminary enquiry is under way, it should be over by day 14; ask for the outcome in writing.
Day 21 to 30If the DCP has not acted, prepare a section 175(3) application with affidavit, or a private complaint.
Following weeksThe Magistrate calls for a police report and decides whether to direct registration.

In urgent cases, such as ongoing threats, a missing child or a serious assault, compress these steps: go straight to senior officers the same day, and call 112.

Mistakes complainants often make

FIR not registered in Delhi: frequently asked questions

What exactly is an FIR?

The written police record of the first report of a cognizable crime; it triggers investigation.

Which section governs FIRs now?

Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced section 154 CrPC from 1 July 2024.

Must police register an FIR?

Yes, when information discloses a cognizable offence, subject to the preliminary enquiry provision for three-to-seven-year offences.

What is a cognizable offence?

An offence in which police can arrest without a warrant, as listed in the BNSS First Schedule.

What happens for non-cognizable offences?

Police record it and refer you to the Magistrate; they cannot investigate without the Magistrate's order.

What does zero FIR mean?

Any police station must record the FIR even if the crime happened in another area, and then send it to the station concerned.

Can a Delhi police station refuse because the offence happened elsewhere?

No. Section 173(1) requires registration irrespective of area.

Can I file an FIR online in Delhi?

For certain categories such as vehicle theft and theft by unknown persons, yes, through Delhi Police's online system. Information can also be given electronically and signed within three days.

What is an e-FIR?

Information given electronically, taken on record once the informant signs within three days.

What is an e-Zero FIR?

An FIR automatically created from 1930 or cybercrime portal complaints above Rs 10 lakh, a system that began in Delhi in May 2025.

How many e-Zero FIRs has Delhi registered?

A report in August 2026 put Delhi at 4,174, the highest in the country.

Is the FIR copy chargeable?

No. Section 173(2) gives the informant a free copy.

What does preliminary enquiry mean?

For crimes carrying three years up to just under seven, police may spend up to 14 days, with senior approval, checking for a prima facie case before deciding on an FIR.

Who must permit a preliminary enquiry in Delhi?

An officer not below DSP rank, which in Delhi means an ACP or above.

What did Imran Pratapgadhi decide?

In March 2025, the Supreme Court explained that section 173(3) allows preliminary enquiry even if a cognizable offence is disclosed, for three-to-seven-year offences.

What did Lalita Kumari decide?

In 2014, a Constitution Bench held FIR registration mandatory when a cognizable offence is disclosed, with limited exceptions for preliminary enquiry.

Is cheating subject to preliminary enquiry?

Cheating under section 318(4) carries up to seven years, outside the 'less than seven years' bracket, so it should ordinarily be registered.

Can police say it is a civil matter?

Not if the facts disclose a cognizable offence; a civil dispute does not bar an FIR.

Do I need proof to file an FIR?

No. You give information; police collect evidence during investigation.

Is a DD entry an FIR?

No. A daily diary entry is not an FIR.

What should my written complaint contain?

Your details, what happened, when and where, who did it if known, witnesses, documents, and a request to register an FIR.

What if the SHO refuses?

Send the complaint in writing by post to the DCP under section 173(4).

Who is the Superintendent of Police in Delhi?

Delhi has a commissionerate; the Deputy Commissioner of Police of the district performs this role.

What does the DCP do on a 173(4) complaint?

If a cognizable offence is disclosed, investigates personally or directs a subordinate to investigate.

What if the DCP also does nothing?

Apply to the Magistrate under section 175(3) with an affidavit.

What is section 175(3) BNSS?

The Magistrate's power to order investigation, replacing section 156(3) CrPC.

Is an affidavit required for a 175(3) application?

Yes. The BNSS codifies the Priyanka Srivastava (2015) requirement.

Must I approach the DCP before the Magistrate?

Yes. The 175(3) application must be supported by a 173(4) application to the police.

Will the Magistrate hear the police?

Yes. The Magistrate must consider the police officer's submissions before ordering.

Can the Magistrate refuse to order an FIR?

Yes, if no cognizable offence is disclosed or police investigation is not needed, and may treat it as a complaint case.

What is a private complaint?

A complaint filed directly before the Magistrate under section 223, where you lead evidence yourself.

Can I go straight to the High Court?

Ordinarily no. Sakiri Vasu (2007) said alternative remedies should be used first, save in exceptional cases.

Are complaints against public servants different?

Yes. Section 175(4) requires a report from the superior officer and the public servant's version before investigation is ordered.

What did the Supreme Court say in January 2026 on 175(4)?

As reported, that 175(4) must be read with 175(3), so the affidavit and prior police approach apply, with reasoned orders.

Is refusing to register an FIR a crime?

For specified sexual offences and acid attacks, failure to record information is punishable under section 199 BNS.

Can a woman insist on a woman officer?

Yes, for specified sexual offences, information must be recorded by a woman officer.

Can my statement be recorded at home?

For disabled victims of specified sexual offences, yes, at home with videography and an interpreter if needed.

Is preliminary enquiry allowed under the SC/ST Act?

No. Section 18A of that Act says no preliminary enquiry is required.

Must sexual offences against children be reported?

Yes. POCSO makes reporting mandatory and failure to report or record an offence.

Can police ask us to compromise before registering?

No. Settlement cannot be a precondition for registering a cognizable offence.

Can I give information orally?

Yes. It must be written down, read over and signed by you.

Should I read the FIR before signing?

Yes. Make sure it records your account accurately.

Can I add facts later?

You can give supplementary statements to the investigating officer.

How do I find my FIR online?

Delhi Police uploads most FIRs on its website, except sensitive categories, under Youth Bar Association (2016).

Will police update me on the investigation?

Section 193(3) requires informing the victim or informant of progress within 90 days.

What if police file a closure report?

The Magistrate must notify you; you can file a protest petition.

What is a protest petition?

Your objection to a closure report, asking the Magistrate to reject it or take cognizance.

Can I get victim compensation?

Yes, under section 396 BNSS and the Delhi victim compensation scheme through DSLSA, for eligible crimes.

Can investigation be transferred?

In exceptional cases, through the High Court; further investigation can be sought from the Magistrate.

What if a false FIR is filed against me?

Get a copy, assess arrest risk, seek anticipatory bail if needed, cooperate, and consider quashing.

Can the High Court quash a false FIR?

Yes, under section 528 BNSS, following Bhajan Lal principles.

Can I sue for a false FIR?

After acquittal or closure, civil suits for malicious prosecution or defamation may lie, and false information is an offence.

Is giving false information to police an offence?

Yes, under the BNS, including section 217 and section 248.

Will police arrest me immediately after an FIR?

For offences up to seven years, arrest should follow section 35 BNSS and Arnesh Kumar, usually with a notice first.

Is a police notice by WhatsApp valid?

Not for section 35 notices; the Supreme Court ruled in January 2025 that they must be served in the prescribed manner.

What is the 1930 helpline?

The national cyber crime helpline for reporting financial fraud quickly.

Should I file an FIR for a lost phone?

For loss, use the Delhi Police lost report; for theft, an e-FIR or FIR.

Is an FIR needed for an insurance claim?

For theft and some losses, insurers usually ask for an FIR copy.

Can a company file an FIR?

Yes, through an authorised representative.

Can someone else file an FIR on my behalf?

Yes. Any person with information about a cognizable offence can give it.

Is there a time limit to file an FIR?

No fixed limit for most offences, but delay must be explained and can affect credibility.

Can I file an FIR for an old incident?

Yes, though police may enquire into delay, and limitation for taking cognizance may apply to minor offences.

Can police refuse an FIR in a matrimonial dispute?

Cruelty is in the three-year bracket, so a preliminary enquiry is possible, but FIR must follow if a prima facie case exists.

Can police refuse an FIR for medical negligence?

Courts allow preliminary enquiry and expert opinion first in medical negligence cases.

What if the accused is a police officer?

Complain to senior officers; section 175(4) procedures apply before the Magistrate.

Can I record my visit to the police station?

Recording inside police stations is a grey area; keep written records instead, and be careful.

What should I do if police are rude or demand money?

Complain to the DCP, senior officers, Delhi Police grievance channels or anti-corruption authorities.

How long does a 175(3) application take?

Often weeks to a few months, depending on the court and the police report.

Can the Magistrate order an FIR without hearing the accused?

Yes. The accused has no right to be heard at the 175(3) stage, except public servants under 175(4).

Which Magistrate hears a 175(3) application?

The Magistrate with jurisdiction over the police station concerned, in the district court complex.

Where do I file for a police station in East Delhi?

Before the Magistrate at Karkardooma.

Where do I file for a police station in South Delhi?

Before the Magistrate at Saket.

Where do I file for a police station in West Delhi?

Before the Magistrate at Tis Hazari.

Where do I file for a police station in Rohini?

Before the Magistrate at Rohini.

Where do I file for a police station in Dwarka?

Before the Magistrate at Dwarka.

Do I need a lawyer to file an FIR?

No. A lawyer helps mainly for 175(3) applications, complex frauds and false FIRs.

What does it cost to be connected with a criminal lawyer?

Nothing; charges arise only for documents the platform prepares, and lawyers' fees are agreed with them.

Does Mara Vakil deal with the police for me?

No. It only introduces you to independent advocates who can act for you.

Is there a 24-hour wait before reporting a missing person?

No. Report immediately; for missing children police must register an FIR and begin searching at once.

Can police refuse an FIR for a road accident?

No. Accidents with injury or death involve cognizable offences and must be registered.

Is an FIR needed for a MACT claim?

The accident report and FIR help the claim before the Motor Accidents Claims Tribunal.

Can I file an FIR for a bounced cheque?

No. Cheque bounce is a complaint case under section 138 of the Negotiable Instruments Act.

What should I attach to my police complaint?

Relevant documents, photographs, messages, bank statements, medical reports and a list of witnesses.

Should I name the sections of law in my complaint?

It is optional but helpful; the police decide the sections in the FIR.

How do I preserve CCTV footage?

Ask the police in writing promptly, and request the owner of the camera to preserve it, as footage is often overwritten.

What is an MLC?

A medico-legal certificate recording injuries, issued by a government hospital, important evidence in assault cases.

Can police take preventive action without an FIR?

Yes. They can respond to emergencies and take preventive measures under the BNSS.

What is an NCR?

A non-cognizable report recording a non-cognizable offence; the informant is referred to the Magistrate.

Can I get an FIR registered for workplace harassment?

For offences like stalking or sexual harassment under the BNS, yes; POSH Act remedies also apply.

Can police keep my complaint as an enquiry for months?

No. Preliminary enquiry is limited to 14 days and only for the specified bracket; escalate if it drags on.

Can I submit a complaint by email?

Yes. Electronic information is permitted but must be signed within three days to be taken on record as an FIR.

Should I keep copies of everything?

Yes. Keep copies of complaints, receipts, postal proofs and all evidence submitted.

What if the police lose my complaint?

Your receipt or postal proof shows it was submitted; resubmit and escalate to the DCP.

Can I complain against the SHO for refusal?

Yes, to the DCP and senior officers; in specified sexual offence cases, refusal is itself an offence.

Can a lawyer accompany me to the police station?

You may take a lawyer or a trusted person, though it is not required to file a complaint.

Can the police arrest the complainant?

Not for filing a genuine complaint; false complaints, however, can lead to prosecution.

Can I file an FIR against unknown persons?

Yes. FIRs can be registered against unknown persons, for example in theft cases.

Can I get an FIR copy online later?

Yes, through the Delhi Police website for most categories, or from the police station.

How many police districts does Delhi have?

Around fifteen, each headed by a DCP.

How do I find my DCP's email?

The Delhi Police website lists district DCP offices and contact details.

What does an ACP do in FIR matters?

Supervises police stations and gives permission for preliminary enquiries in the specified bracket.

Which unit handles big financial frauds in Delhi?

The Economic Offences Wing handles larger frauds, subject to its thresholds.

What changed from section 154 to section 173?

Zero FIR and electronic reporting are written in, and a new preliminary enquiry power was added.

What replaced section 156(3) CrPC?

Section 175(3) BNSS, with new requirements of prior police approach and affidavit.

What replaced section 154(3) CrPC?

Section 173(4) BNSS, allowing complaints to the Superintendent of Police, the DCP in Delhi.

Do I sign my statement to the police?

Statements recorded during investigation are not signed by witnesses; the FIR itself is signed by the informant.

Can women witnesses be called to the police station?

Women and children are generally to be examined at their residence, subject to legal exceptions.

What if the accused threatens me after the FIR?

Inform the police in writing, seek protection, and report the threat as a separate offence if needed.

Is there a witness protection scheme?

Yes. A witness protection scheme approved by the Supreme Court applies in serious cases.

Can I withdraw an FIR?

Not by yourself; compoundable offences can be settled with court permission, others need quashing by the High Court.

Can police close an FIR without telling me?

A closure report goes to the Magistrate, who must give the informant notice and a hearing.

Can I ask for a different investigating officer?

You can request senior officers; courts transfer investigation only in exceptional cases.

Is the FIR the final version of the case?

No. Investigation may add or drop sections and accused based on evidence.

How long should I wait before going to the DCP?

Usually a few days; if the station clearly refuses, you can write to the DCP immediately.

Can I go to the Magistrate without writing to the DCP?

Under the BNSS, a 175(3) application must be supported by a prior 173(4) application to the police.

Is a speed post receipt enough proof of complaint to the DCP?

Keep the receipt and tracking printout; email copies also help.

Can police recover my money from a contract dispute?

No. Police investigate crimes; recovery of contractual dues is a civil matter unless cheating or breach of trust is involved.

Should I give original documents to the police?

Give copies; hand over originals only when needed, against a seizure memo.

Can I file a complaint in Hindi?

Yes. Complaints can be in Hindi or English.

Can a minor file an FIR?

A minor can give information; a parent or guardian usually assists.

Does a complaint to the Commissioner of Police help?

Yes, for serious inaction, alongside the formal 173(4) route.

Can the police register an FIR on a news report?

Yes, if it discloses a cognizable offence, police can act on any information.

Is an FIR a public document?

Yes, and most FIRs are uploaded online in Delhi, except sensitive categories.

Can police refuse an FIR because the accused is influential?

No. The duty to register does not depend on who the accused is; escalate to senior officers and the Magistrate if needed.

Can I approach the Delhi High Court if the Magistrate refuses?

A revision or petition may lie against the Magistrate's order; take legal advice on the right remedy.

Can police register an FIR on a complaint sent by post?

Yes, and section 173(4) itself contemplates sending information to the DCP by post.

Do I have to pay anything to file an FIR?

No. Registering an FIR and getting a copy are free.

What if police demand a bribe to register an FIR?

Do not pay; complain to senior officers and the anti-corruption authorities.

Can I register an FIR for a crime that happened abroad?

Offences by Indians abroad can sometimes be investigated in India, subject to sanction and jurisdiction rules; take advice.

Can a foreign national file an FIR in Delhi?

Yes. Anyone with information about a cognizable offence can report it.

Does an FIR mean the accused is guilty?

No. It only starts the investigation; guilt is decided at trial.

Can the accused get a copy of the FIR?

Yes, the accused is entitled to it, and most FIRs are available online.

Can the FIR be amended?

The FIR itself is not rewritten, but later statements and investigation can add facts and sections.

Will the police visit the scene?

In most cases the investigating officer visits the scene and prepares a site plan.

Can I give a supplementary complaint after the FIR?

Yes, as a supplementary statement to the investigating officer.

Sources checked

Related

This page gives general information based on the sources listed, as checked on 17 October 2026. Whether an FIR must be registered depends on the facts and the offence; confirm with an advocate before acting. Mara Vakil is a technology platform, not a law firm, and does not give legal advice. Read our disclaimer.

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