Yes. If the police refuse to register an FIR despite receiving information that discloses a cognizable offence, a Judicial Magistrate has the power to direct the police to register the FIR and conduct an investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Many people wrongly believe that if the police refuse to register an FIR, the matter ends there. In reality, the law provides an important safeguard against arbitrary police inaction. A complainant is not left without a remedy merely because the police refuse to perform their statutory duty.
The Magistrate acts as an independent judicial authority who can ensure that the criminal law is set in motion when the facts warrant it.
What Happens If the Police Refuse to Register an FIR?
A police officer may sometimes refuse to register an FIR by saying:
- “This is a civil dispute.”
- “There is no sufficient evidence.”
- “Come back with more proof.”
- “The accused is outside our jurisdiction.”
- “The matter is too old.”
- “First settle the dispute.”
If the complaint actually discloses the commission of a cognizable offence, such refusal may be contrary to law.
In such a situation, the complainant is not without remedy.
What Is the Magistrate’s Power?
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a Judicial Magistrate may direct the police to investigate a cognizable offence if the circumstances justify such a direction.
This power serves as a judicial check on police inaction and ensures that a genuine complaint is not ignored merely because the police declined to register an FIR.
Is the Magistrate Automatically Bound to Order an FIR?
No.
The Magistrate does not mechanically direct registration in every case.
Before issuing directions, the Magistrate generally examines:
- Whether the complaint discloses a cognizable offence.
- Whether the complainant first approached the police.
- Whether the police failed to perform their legal duty.
- Whether police investigation is necessary.
- Whether the dispute is purely civil.
- Whether the complaint appears frivolous or mala fide.
If satisfied that police investigation is required, the Magistrate may direct registration of the FIR and investigation.
Must the Complainant First Approach the Police?
Yes, ordinarily.
A complainant should normally:
- Approach the police station.
- If refused, submit a written representation to the Superintendent of Police or another senior police officer.
- Preserve proof of such representation.
If these remedies fail, the complainant may approach the Magistrate.
Courts generally expect the complainant to exhaust the statutory remedies before invoking the Magistrate’s jurisdiction, unless exceptional circumstances exist.
Can the Magistrate Investigate the Case Personally?
No.
The Magistrate does not conduct the police investigation.
Instead, the Magistrate directs the police to perform their statutory duty by:
- Registering the FIR.
- Conducting an investigation.
- Collecting evidence.
- Recording witness statements.
- Filing the appropriate final report before the court.
Practical Example 1: Forgery of Property Documents
A landowner discovers that forged sale deeds have been executed concerning his property.
The police refuse to register an FIR, claiming that it is merely a civil dispute.
The complainant approaches the Magistrate.
After examining the complaint and supporting material, the Magistrate finds that allegations of forgery and cheating disclose cognizable offences and directs the police to register the FIR and investigate.
Practical Example 2: Serious Assault
A victim submits medical records showing grievous injuries.
The police decline to register an FIR because the accused is politically influential.
The complainant approaches the Magistrate.
Upon being satisfied that a cognizable offence is disclosed, the Magistrate orders the police to register the FIR and investigate.
Practical Example 3: Cyber Fraud
A businessman loses ₹25 lakh through an online investment scam.
Despite providing bank statements and transaction details, the police refuse to register an FIR.
The complainant approaches the Magistrate, who directs the police to initiate investigation after finding that the complaint discloses cognizable offences.
Can the Magistrate Direct Investigation Without Naming the Accused?
Yes.
If the complaint discloses the commission of a cognizable offence but the accused is unknown, the Magistrate may still direct investigation.
The purpose of the investigation is to identify the offender.
Can the Magistrate Refuse the Application?
Yes.
The Magistrate may decline to direct registration if:
- The complaint does not disclose a cognizable offence.
- The matter is purely civil.
- The complainant has bypassed the statutory remedies without justification.
- The allegations are inherently improbable.
- No police investigation is necessary.
In such cases, the Magistrate may adopt other procedures available under the BNSS, depending on the facts.
Difference Between Police Investigation and a Private Complaint
A Magistrate has more than one option when a complaint is filed.
The Magistrate may:
- Direct police investigation where police powers such as search, seizure, forensic examination, recovery of property, or arrest may be required.
Or
- Proceed with a private complaint by recording the complainant’s evidence and deciding whether process should be issued against the accused.
The choice depends on the facts of each case.
Important Judicial Principles
The Supreme Court has repeatedly held that the Magistrate possesses supervisory powers to ensure that the police discharge their statutory duties properly.
In Sakiri Vasu v. State of Uttar Pradesh, the Supreme Court emphasised that where the police fail to register an FIR or conduct a proper investigation, the complainant has an effective remedy before the Magistrate.
Similarly, the Constitution Bench in Lalita Kumari v. Government of Uttar Pradesh reaffirmed that registration of an FIR is mandatory where information discloses a cognizable offence, and recognised the availability of judicial remedies when the police fail to comply with the law.
Frequently Asked Questions
Can the Magistrate compel the police to investigate?
Yes. If the legal requirements are satisfied, the Magistrate may direct the police to register the FIR and carry out the investigation in accordance with law.
Is the Magistrate’s order final?
The police are expected to comply with the judicial direction. Any challenge to such an order must be pursued through appropriate legal proceedings before a higher court, if maintainable.
Can I approach the Magistrate directly without going to the police?
Ordinarily, no. The law generally expects the complainant to first approach the police and, if necessary, the senior police authorities before seeking the Magistrate’s intervention.
Does the Magistrate decide whether the accused is guilty?
No. The Magistrate only decides whether police investigation should be ordered. Guilt or innocence is determined after investigation and trial.
Conclusion
Yes, a Magistrate can order the registration of an FIR even after the police have refused to do so, provided the complaint discloses the commission of a cognizable offence and the legal requirements are fulfilled. The Magistrate’s power under the Bharatiya Nagarik Suraksha Sanhita, 2023 serves as an important safeguard against arbitrary police inaction and ensures that genuine complaints receive a fair investigation. However, the Magistrate exercises this power judiciously and does not direct registration in every case merely because the complainant is dissatisfied with the police response.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304