Invoking Criminal Justice: Statutory Remedies Against the Refusal to Entertain a Complaint

It is a frequent and unfortunate reality that victims of crime are often neglected when approaching the police. Whether due to political pressure or an attempt to artificially maintain low crime statistics, the refusal to register a complaint denies a citizen their fundamental right to justice.

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the successor to the CrPC, the law provides a clear, structured path to ensure your complaint is heard and acted upon.

Understanding the Obstacles

Despite the clear mandate of the law, several factors often lead to the non-registration of an FIR:

• Statistical Suppression: Officials may discourage FIRs to show a “decrease” in the local crime rate.
• Political Undercurrents: Hesitation to investigate matters involving influential individuals.
• Evidentiary Decay: Delays in registration can weaken a case by allowing witness memories to fade or facts to be tampered with. Under the law, an FIR should be registered promptly to preserve its “trustworthiness.”

The Legal Framework: Mandatory Registration

The primary law governing FIRs is Section 173 of the BNSS (formerly Section 154 CrPC).

• Cognizable Offences: If the information discloses a serious (cognizable) crime, the police are legally bound to register an FIR immediately.
• Supreme Court Precedent: In Lalita Kumari vs. Govt. of UP, the Court ruled that police must register an FIR if a cognizable offence is disclosed.
• Preliminary Inquiry: Under BNSS, for offences punishable by 3 to 7 years, the police may conduct a preliminary inquiry to determine if a prima facie case exists, but this must be completed within 14 days.

Step-by-Step Procedure for Recourse

If the local police station refuses to entertain your complaint, follow this chronological order of remedies:

Step 1: Written Complaint to the SHO

Approach the Station House Officer (SHO) with a detailed written complaint.

• Note: Provide the complaint in duplicate and insist on a Diary Number or a “Received” stamp on your copy.
• Digital Option: Under BNSS, you may send the information via electronic communication, provided it is signed within three days.

Step 2: Approach the Superintendent of Police (SP)

If the SHO fails to act, send your complaint to the Superintendent of Police (Section 173(4) BNSS) via Registered Post. If the SP is satisfied that a cognizable offence is disclosed, they will either investigate or direct an investigation.

Step 3: Petition the Judicial Magistrate

If both the SHO and SP fail to respond, file a petition before the Judicial Magistrate under Section 175 BNSS (formerly Section 156(3)).

• If the Magistrate finds a prima facie case, they will direct the police to register the FIR and investigate.
• The accused may then be summoned under Section 35(3) of BNSS (formerly Section 41A).

Step 4: High Court Intervention

As a final resort, if lower remedies are exhausted, you can approach the High Court seeking a direction for investigation or the filing of a final report.

Strategic Advice for Complainants

• Exhaust the Hierarchy: Per the Supreme Court in Sakiri Vasu vs. State of UP, you must approach the Magistrate (Section 175 BNSS) before rushing to the High Court.
• Preserve Evidence: Attach all supporting documents (videos, messages, medical reports) to your initial complaint to establish a strong prima facie case.
• Timeliness: Justice delayed is justice denied. Prompt action prevents the defence from claiming the complaint was an “afterthought.”

By following these procedures, you move the matter from a disregarded complaint to an active legal proceeding that the authorities are compelled to address.