When an individual becomes a victim of a cognizable crime, the first and most critical step is registering a First Information Report (FIR) with the police. However, there are instances when the police refuse to register an FIR in Chandigarh, causing immense frustration and injustice. With the enactment of India’s new criminal laws—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—effective from 1 July 2024, the legal framework surrounding FIR registration has undergone significant updates. This article is a comprehensive legal guide for clients, students, and the general public, detailing your rights, remedies, and procedures when faced with such police inaction. It also references relevant provisions under the new criminal codes and serves as a valuable resource for those looking for support from criminal lawyers in Chandigarh or preparing legal documents for High Court advocates in Chandigarh.

Legal Framework Governing FIR Registration Under the New Criminal Laws

What is an FIR Under the New Law?

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Criminal Procedure Code (CrPC), the concept and process of FIR remain largely unchanged, but with important structural and procedural improvements.

An FIR is the initial information given to the police about the commission of a cognizable offense. It sets the criminal law machinery in motion.

Relevant Sections from the New Criminal Laws

Section 173 of the BNSS, 2023  Information to Police Regarding Cognizable Offense

  • Equivalent to Section 154 of the CrPC, 1973. 
  • Mandates police to register FIR upon receiving information about a cognizable offense. 
  • FIR can be filed orally or in writing, including via electronic communication (email, apps, etc.). 
  • The officer-in-charge must reduce it to writing, have it read to the informant, and get it signed. 

Section 175 of the BNSS – Refusal to Record Information

  • If a police officer refuses to record information, the aggrieved person can send the complaint in writing to the Superintendent of Police (SP). 

Article 21 of the Constitution of India

  • Protects right to life and personal liberty. Refusal to register an FIR in a serious matter can amount to violation of this right. 

Supreme Court Ruling – Lalita Kumari v. Government of Uttar Pradesh (2013)

  • The court reaffirmed that registration of FIR is mandatory for cognizable offenses and no preliminary inquiry is needed unless specified. 

Steps to Take If Police Refuses to Register FIR in Chandigarh 

Step 1: Ask for Written Refusal

  • Politely ask the police officer to provide a written explanation for refusal. Although uncommon, this can be used as evidence later. 

Step 2: Approach the Senior Officers

  • File a written complaint to the SHO, SP Chandigarh, or DGP. 
  • Attach proof of complaint (screenshots, call recordings, medical reports, etc.). 

Step 3: Lodge an Online FIR in Chandigarh

  • For specific offenses, Chandigarh Police allows FIRs to be registered online: 

Step 4: Complaint to the Magistrate Under Section 176(3) of BNSS

  • If police fail to act, file a complaint with the Judicial Magistrate First Class (JMFC). 
  • The Magistrate can direct the police to register the FIR and initiate an investigation. 

Step 5: Writ Petition Under Article 226 of the Constitution

  • File a writ petition in Punjab and Haryana High Court through experienced High Court advocates in Chandigarh. 
  • The court can order police authorities to register the FIR and investigate the matter. 

Why Police May Refuse to Register FIR in Chandigarh

Even under the new legal framework, certain challenges persist:

  • Police may incorrectly classify the offense as non-cognizable. 
  • Political pressure or influence from powerful accused parties. 
  • Caseload concerns or reluctance to deal with certain sensitive issues. 
  • Corruption or dereliction of duty. 

It is important to note that none of these reasons justify the refusal to register an FIR under Section 173 BNSS.

Remedies Available If FIR Not Registered

1. Private Complaint to Magistrate (Section 210 BNSS)

  • Similar to Section 200 of the CrPC. 
  • A complainant can directly approach the Magistrate who may call for an investigation or issue process. 

2. Complaint to Human Rights Commission

  • For serious police misconduct or refusal causing mental harassment. 

3. Use the RTI Act, 2005

  • File an RTI application asking why FIR was not registered. 
  • Seeks transparency and holds officers accountable. 

4. Approach the Lokayukta or Vigilance Bureau

  • In cases involving corruption, a complaint can be made against the police officer. 

Punishment for Police Officer Refusing FIR – New Law

Section 220 of the Bharatiya Nyaya Sanhita, 2023 (BNS)

  • Replaces Section 166A of the IPC. 
  • Police officers who refuse to record information about a cognizable offense can be punished with imprisonment up to 2 years and fine. 

This provision ensures that FIR refusal is treated as a punishable offense, enhancing police accountability.

Landmark Judgments Supporting FIR Registration

1. Lalita Kumari v. State of U.P. (2013)

  • FIR registration is mandatory, not optional. 
  • Delay in registration violates the rule of law. 

2. Bhajan Lal Case (1992)

  • Laid down grounds for quashing of FIRs, but also emphasized the importance of fair registration. 

3. Vineet Narain v. Union of India (1997)

  • Focused on the autonomy of investigating agencies, stressing that police should not be influenced by outside interference. 

Under the updated criminal justice framework introduced through the BNS, BNSS, and BSA, the registration of FIRs remains a non-negotiable legal right. Police refusal to register an FIR is both unlawful and punishable. Citizens in Chandigarh can take multiple legal steps, including approaching higher police authorities, filing complaints with magistrates, or even seeking constitutional relief via the High Court.

Whether you are a student learning about the Bharatiya Nagarik Suraksha Sanhita, or someone in need of legal help from criminal lawyers in Chandigarh, understanding the new FIR registration procedures in 2025 is vital to asserting your rights.

 

FAQs on What to Do If Police Refuses to Register FIR in Chandigarh

Q1. What is the legal remedy if the police deny registering an FIR in Chandigarh?

Answer: File a written complaint with the SP/DGP, and if no action is taken, approach a Magistrate under Section 176(3) of BNSS.

Q2. Can FIRs be registered online under the new laws in Chandigarh?

Answer: Yes. The BNSS recognizes electronic communication for FIRs, and Chandigarh Police provides an online FIR registration system.

Q3. Is refusal to register an FIR a criminal offense under the new law?

Answer: Yes. Under Section 220 of the BNS, refusal to register FIR is a punishable offense with imprisonment and fine.

Q4. Can I go to the High Court if police do not register my FIR?

Answer: Yes, you can file a writ petition under Article 226 in the Punjab and Haryana High Court, seeking directions for FIR registration.

Q5. Can I proceed without a lawyer?

Answer: While legally possible, engaging a criminal defense advocate in Chandigarh or high court advocate is advisable for court processes and legal drafting.

Q1. What is the legal remedy if the police deny registering an FIR in Chandigarh?

Answer: If the police refuse to register your FIR, you can first submit a written complaint to the Superintendent of Police (SP) or the Director General of Police (DGP) Chandigarh. If there’s still no action, you can approach a Judicial Magistrate under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). For effective legal drafting and representation, consulting criminal lawyers in Chandigarh or high court advocates in Chandigarh is highly recommended.

Q2. Can FIRs be registered online under the new laws in Chandigarh?

Answer: Yes. Under the updated provisions of the BNSS, FIRs can now be submitted via electronic communication. The Chandigarh Police online FIR portal allows citizens to lodge complaints digitally. If you face technical or legal issues, experienced criminal defense advocates in Chandigarh can assist in ensuring that your rights are enforced properly.

Q3. Is refusal to register an FIR a criminal offense under the new law?

Answer: Absolutely. As per Section 220 of the Bharatiya Nyaya Sanhita (BNS), 2023, a police officer refusing to register an FIR related to a cognizable offense can face imprisonment up to 2 years and a monetary fine. Victims should seek help from criminal lawyers or criminal law advocates in Chandigarh to initiate legal action against such inaction.

Q4. Can I go to the High Court if police do not register my FIR?

Answer: Yes, you can approach the Punjab and Haryana High Court by filing a writ petition under Article 226 of the Constitution of India. The High Court has the authority to direct the police to register the FIR. High court advocates in Chandigarh and criminal defense lawyers can help prepare and argue your petition effectively.

Q5. Can I proceed without a lawyer?

Answer: While it’s legally permissible to proceed on your own, dealing with procedural aspects under the new criminal laws—BNSS, BNS, and BSA—can be complex. Engaging a qualified criminal defense advocate in Chandigarh or a high court lawyer in Chandigarh can significantly improve your chances of success and help avoid procedural delays.