How To Make Report In Police Station And Remedies In Case Police Doesn’t Entertain It
Whenever something wrong happens, like theft, harassment, or any serious offence, the first instinct is to seek help from the police. But many people don’t actually know how to report a case or what their rights are when they walk into a police station. Because of this confusion, people either delay reporting or sometimes don’t report at all.
In India, the law clearly gives every person the right to report a crime, and it is the duty of the police to record it under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Still, in reality, situations arise where police officers refuse to register a complaint or do not take it seriously.
This makes it important to understand not just the procedure of filing a report, but also what steps can be taken if the police do not cooperate. This article will explain both how to report a case in a police station and what remedies are available if your complaint is not entertained.
Step-by-Step Guide To Report A Case At A Police Station
Here’s a step-by-step guide on how to report a case to the police in India:
Steps To File An FIR In Police Station
Before understanding the step-by-step guide on how to file an FIR (First Information Report), let’s understand what an FIR is.
What Is An FIR?
An FIR (First Information Report) is a written document prepared by police when they receive information about a cognisable offence (serious crimes like theft, rape, murder, etc.).
Governed by Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
| Particulars | Details |
|---|---|
| Full Form | First Information Report |
| Applicable Law | Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) |
| Relevant Section | Section 173 BNSS |
| Applicable For | Cognizable Offences |
| Purpose | To officially record information about a crime |
Step 1:- Identify The Type Of Crime Or Incident
Before approaching the police, it’s essential to know whether your issue involves a cognisable or non-cognisable offence:
- Cognisable offences include serious crimes such as murder, theft, robbery, assault, kidnapping, etc. The police can register an FIR (First Information Report) and take immediate action, including making arrests.
- Non-cognisable offences are relatively minor offences, such as defamation, simple assault, or public nuisance. In these cases, police need a court’s direction to initiate action.
| Type Of Offence | Examples | Police Power |
|---|---|---|
| Cognizable Offence | Murder, Theft, Robbery, Kidnapping | Police can register FIR and arrest without prior court permission |
| Non-Cognizable Offence | Defamation, Public Nuisance, Simple Assault | Police require court permission to investigate |
Step 2: Go To A Nearest Police Station
You can go to any nearby police station to report the incident. You don’t have to worry about the jurisdiction, meaning whether the crime happened in that particular area or not.
Under the concept of Zero FIR, the police can register your complaint first and later transfer it to the police station having proper jurisdiction in case of emergency.
What Is Zero FIR?
Zero FIR allows a person to file an FIR at any police station, irrespective of where the incident took place. The complaint is later transferred to the appropriate police station having jurisdiction over the matter.
- Useful in emergencies
- Helps in immediate registration of complaint
- Ensures there is no delay in legal action
Step 3: File An FIR (First Information Report)
If the offence is cognisable, the next step is to get an FIR registered.
- Approach the duty officer: Go to the duty officer at the police station and clearly explain what happened. Try to mention important details like the date, time, place, and how the incident took place.
- Give your complaint: You can write the complaint yourself if you’re comfortable. If not, you can simply tell the facts, and the police will write it down for you. Just make sure everything is recorded correctly before you proceed. You can give your complaint in English, Hindi, or any local language.
- Check and sign: Once it is written, read it carefully (or ask them to read it out to you) and sign it only after you are sure everything is correct.
- Take your copy: After the FIR is registered, ask for a copy with the FIR number. This acts as proof that your complaint has been officially recorded, and it must be given to you free of cost under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Important Points To Remember While Filing FIR
- Always keep a copy of the FIR for future reference.
- Ensure all important facts are correctly mentioned.
- Do not sign any blank paper.
- You can file an FIR even if the offence occurred outside the jurisdiction through Zero FIR.
- Women victims can request recording of a statement by a woman police officer.
Contents of an FIR
An FIR should contain all the basic details of the incident so that the police clearly understand the situation. Generally, it includes:
- Your name and address
- The date and time of the incident
- A clear description of what happened (what, where, when, and how)
- Names of the accused (if you know them) and any witnesses
- Any documents or evidence you may have
The idea is to give a complete and accurate picture of the incident, without leaving out important facts.
Important Details Required in an FIR
| Information Required | Description |
|---|---|
| Name and Address | Basic identity and contact details of the complainant |
| Date and Time | When the incident took place |
| Description of Incident | Complete details of what happened |
| Accused and Witnesses | Names of accused persons and witnesses, if known |
| Documents or Evidence | Any supporting proof related to the incident |
Report on Non-Cognizable Offences
If the offence is non-cognisable (like minor disputes, simple hurt, defamation, etc.), the police cannot register an FIR directly.
In such cases:
- The police will record your complaint in a separate register (called ‘NC’ or ‘NCR’).
- You will be advised to approach the Magistrate for further action
- Police cannot start an investigation without the permission of the magistrate.
These provisions are governed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Difference Between Cognizable and Non-Cognizable Offences
| Type of Offence | Police Can Register FIR | Police Can Investigate Without Magistrate Permission |
|---|---|---|
| Cognizable Offence | Yes | Yes |
| Non-Cognizable Offence | No | No |
Reporting Through Online Police Portals
Nowadays, many states in India provide the option to report complaints online, which makes the process much easier and faster.
- You can visit the official police website of your state and submit your complaint from home.
- Fill in basic details like your name, contact information, and a description of the incident.
- In some cases, you can also upload documents or evidence.
- After submission, you will receive a reference number to track your complaint.
Online reporting is especially helpful in situations where you are unable to visit the police station immediately. However, for serious cognisable offences, you may still be required to visit the police station for further procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Benefits of Online Police Complaint Portals
- Easy complaint submission from home
- Faster reporting process
- Ability to upload evidence and documents
- Complaint tracking through reference number
- Helpful during emergencies or mobility issues
Call Police Helplines for Emergencies
In emergencies, you can call:
| Helpline Number | Purpose |
|---|---|
| 100 | Police helpline |
| 112 | Pan-India emergency helpline for police, fire, and ambulance services |
| 1091 | Women’s helpline (in cases of harassment, domestic violence, etc.) |
| 1098 | Child helpline (for issues involving children in distress) |
Remedies if Police Refuse to Register FIR
Sometimes, despite reporting a cognisable offence, the police may refuse to register an FIR. In such situations, the law provides several remedies to ensure that justice is not denied.
Remedy 1: Approach Senior Police Officer
👉 Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
If the police station refuses to register your FIR, you can send your complaint in writing to a senior officer like the Superintendent of Police (SP). If the officer finds merit in your complaint, they can direct the police to register the FIR and take action.
Remedy 2: Approach the Magistrate
👉 Under Section 175 BNSS
You can file an application before a judicial magistrate. The magistrate has the power to direct the police to register the FIR and begin an investigation.
Remedy 3: File a Complaint Case
If you don’t want to rely on the police, you can directly file a complaint before the magistrate. The court will examine your statement and decide whether to take the case forward.
Remedy 4: Writ Petition
👉 Under Article 226 of the Constitution of India
If your rights are violated due to police inaction, you can approach the High Court by filing a writ petition. The Court can issue directions to ensure that justice is not denied.
Your Rights During the FIR Process
While reporting a case, it’s important to know that you are not just asking for help — you have certain legal rights.
| Legal Right | Explanation |
|---|---|
| Right to Get FIR Registered | If the offence is cognisable, the police are bound to register your FIR under the Bharatiya Nagarik Suraksha Sanhita, 2023. |
| Right to a Free Copy of FIR | You must be given a copy of the FIR without any charge. This acts as proof that the complaint has been officially recorded. |
| Right to Respectful Treatment | You have the right to be treated properly and not be harassed or ignored by police officials. |
| Right to Give Information in Any Language | You can file your complaint in English, Hindi, or any local language you are comfortable with. |
| Right to Information About Your Case | You have the right to know the status of your complaint and the progress of the investigation. |
| Special Protection in Sensitive Cases | In cases involving women, such as sexual offences, the statement should be recorded with due care, often by a woman officer. |
Importance of Knowing Your Rights
At the end of the day, reporting a crime shouldn’t feel confusing or intimidating, but for many people, it still is. That’s why knowing the basic steps — how to file an FIR, where to go, and what to say — really matters.
The law, especially under the Bharatiya Nagarik Suraksha Sanhita, 2023, clearly puts a duty on the police to act when a cognisable offence is reported.
At the same time, if the police don’t cooperate, it doesn’t mean the process ends there. There are proper remedies in place, whether it’s approaching senior officers or going to the magistrate. You’re not stuck — you just need to know the next step.
In simple terms, a little awareness can make a big difference. When people understand their rights and the legal process, they are in a much stronger position to stand up for themselves and make sure their voice is actually heard.
