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| + | ====== FIR not getting registered in 2026? Use RTI to force a written reason (an 8-step plain-language guide) ====== | ||
| + | |||
| + | {{ : | ||
| + | |||
| + | {{page> | ||
| + | |||
| + | <WRAP info> | ||
| + | **Plain-English summary.** If a police station has refused to register your FIR for a cognizable offence — or has been " | ||
| + | </ | ||
| + | |||
| + | ===== Naresh' | ||
| + | |||
| + | <WRAP center round box 80%> | ||
| + | //Naresh Prasad, 47, businessman in Patna. In January 2026 his property partner forged his signature on a sale deed worth ₹38 lakh. Naresh tried to file an FIR at Patliputra Police Station. Five visits in six weeks. Each time told "we are inquiring" | ||
| + | |||
| + | > "I had spent ₹12,000 on lawyer consultations and was told to 'wait for the police' | ||
| + | |||
| + | —Naresh, March 2026 | ||
| + | </ | ||
| + | |||
| + | This is not unusual. National Crime Records Bureau data and the Supreme Court' | ||
| + | |||
| + | ===== Why an RTI works (when the police helpline doesn' | ||
| + | |||
| + | You have probably already tried the obvious routes. Most state police now have: | ||
| + | |||
| + | * **Helpline 100 / 112** (national emergency) | ||
| + | * **State citizen apps** — UP Cop App, Maharashtra Citizen Portal, Delhi Police app, Karnataka KSP, Tamil Nadu TNPolice, Bihar Police Citizen Portal | ||
| + | * **CPGRAMS** (https:// | ||
| + | * **District SP / Commissioner email** complaints | ||
| + | |||
| + | These routes can move things — but they are **not legally bound to give you a reasoned written reply in a fixed time**. A station officer can mark your CPGRAMS complaint " | ||
| + | |||
| + | * **CPGRAMS / app:** the SHO can close your ticket with a one-line reply. You have no automatic escalation. | ||
| + | * **RTI:** the PIO **must** give you a written reply with reasons within 30 days under §7(1). If they don't, you file a **First Appeal** under §19(1) for free. Then a **Second Appeal** to the State Information Commission under §19(3), where penalties of up to ₹25,000 can be imposed on a silent PIO under §20. | ||
| + | |||
| + | In short: a complaint app is a request. An RTI is a legal claim on your right to know. | ||
| + | |||
| + | **Important on police and RTI in 2026.** State police are **not** in the §24 schedule of the RTI Act (only IB, RAW, CRPF and a few others are). Many state amendments to §24 (e.g., Maharashtra, | ||
| + | |||
| + | ===== The 8 steps, in order ===== | ||
| + | |||
| + | ==== Step 1 — Confirm your offence is cognizable ==== | ||
| + | |||
| + | The //Lalita Kumari v. State of Uttar Pradesh// (2014) 2 SCC 1 Constitution Bench made FIR registration **mandatory** for cognizable offences. Common cognizable offences: | ||
| + | |||
| + | * **Cheating, forgery** (BNS §316–§336, | ||
| + | * **Theft, robbery, dacoity** (BNS §303–§310) | ||
| + | * **Hurt, assault, criminal intimidation** (BNS §115–§133) | ||
| + | * **Rape, sexual offences, POCSO** — mandatory FIR, no preliminary enquiry allowed | ||
| + | * **Dowry death, domestic violence under §498A IPC equivalent** (BNS §85–§86) | ||
| + | * **Cyber fraud above ₹25 lakh** in many states | ||
| + | |||
| + | Non-cognizable offences (defamation, | ||
| + | |||
| + | ==== Step 2 — Get the right PIO address ==== | ||
| + | |||
| + | Police RTI structure in most states is three-tier: | ||
| + | |||
| + | * **Station-level PIO:** the **Station House Officer (SHO)** is usually the PIO for FIR/ | ||
| + | * **District-level PIO + FAA:** the **Superintendent of Police (SP)** in districts, or **DCP/ | ||
| + | * **State HQ PIO:** **Director General of Police (DGP)** office has its own PIO for state-wide records. | ||
| + | |||
| + | For an FIR-not-registered case, file at the **Station PIO**. Send a parallel copy to the SP/DCP (this triggers internal pressure even before the formal reply). | ||
| + | |||
| + | ==== Step 3 — Pay the ₹10 fee ==== | ||
| + | |||
| + | * **Indian Postal Order (IPO)** for ₹10, payable to " | ||
| + | * **Court fee stamp** of ₹10 — accepted in most state police offices. | ||
| + | * **Cash** if you walk in (allowed under §6(1), though some stations resist). | ||
| + | * **Demand Draft** for ₹10 — overkill, but allowed. | ||
| + | |||
| + | **BPL applicants: | ||
| + | |||
| + | ==== Step 4 — Write the RTI (use this exact template) ==== | ||
| + | |||
| + | Be specific. Don't ask "why have you not registered my FIR?" — ask for the **status, the dealing officer, the rule cited, and the file number**. | ||
| + | |||
| + | < | ||
| + | [Your full name] | ||
| + | [Your address] | ||
| + | [Phone] · [Email] | ||
| + | [Date] | ||
| + | |||
| + | To, | ||
| + | The Public Information Officer | ||
| + | (Station House Officer) | ||
| + | [Name of Police Station] | ||
| + | [District, State, PIN] | ||
| + | |||
| + | Copy to: The Public Information Officer, Office of the SP/ | ||
| + | |||
| + | Subject: RTI application under §6(1), RTI Act 2005 — status of complaint dated [DD-MM-YYYY] regarding cognizable offence | ||
| + | |||
| + | Sir/Madam, | ||
| + | |||
| + | I am a citizen of India. I had submitted a written complaint at your police station on [date] regarding the following cognizable offence: [brief one-line description, | ||
| + | |||
| + | I request the following information under §6(1) of the Right to Information Act, 2005: | ||
| + | |||
| + | 1. Whether my complaint dated [date] has been registered as an FIR. If yes, the FIR number, date, and sections invoked. If no, the **specific written reason** for non-registration with reference to the relevant provision (BNSS §173 / earlier CrPC §154, or the //Lalita Kumari// guidelines). | ||
| + | |||
| + | 2. The name, designation, | ||
| + | |||
| + | 3. The date on which the complaint was entered into the **Station Diary (Roznamcha)** and the GD/ | ||
| + | |||
| + | 4. If any " | ||
| + | |||
| + | 5. A certified copy of the complaint as recorded in your station records. | ||
| + | |||
| + | 6. If the complaint was forwarded to any other police station on jurisdictional grounds, the date, the receiving station, and the dispatch/ | ||
| + | |||
| + | Fee: I enclose Indian Postal Order No. [number] dated [date] for ₹10 in favour of " | ||
| + | |||
| + | I declare that I am a citizen of India. | ||
| + | |||
| + | Yours faithfully, | ||
| + | [Signature] | ||
| + | [Name] | ||
| + | </ | ||
| + | |||
| + | ==== Step 5 — Send by Registered Post AD + walk a copy in ==== | ||
| + | |||
| + | Use **Registered Post with Acknowledgement Due (AD)**. Cost ₹40-60. | ||
| + | |||
| + | * Take the application + IPO to the post office | ||
| + | * Ask for " | ||
| + | * Keep the receipt — your **dated proof of filing** | ||
| + | * Post the second copy (to the SP/ | ||
| + | |||
| + | Optional but powerful: **also hand-deliver a copy at the station** and ask the duty officer to stamp your duplicate. Many SHOs reconsider the moment they see an RTI being filed. | ||
| + | |||
| + | ==== Step 6 — Mark the deadline + parallel §156(3) CrPC route ==== | ||
| + | |||
| + | The 30-day RTI clock starts the **day the office receives your application** (the date on the AD card). | ||
| + | |||
| + | * **Day 30:** Reply due. If silence → §7(2) deemed refusal → file First Appeal at Day 31. | ||
| + | |||
| + | In parallel — **don' | ||
| + | |||
| + | * **Court fee:** ₹2-10 depending on state. | ||
| + | * **Format:** plain application + your written complaint + proof of refusal (return slip, RTI itself). | ||
| + | * The Supreme Court in //Lalita Kumari// (2014) and //Sakiri Vasu v. State of UP// (2008) 2 SCC 409 has held this route is available the moment the police refuse. | ||
| + | |||
| + | ==== Step 7 — When the RTI reply arrives, use it ==== | ||
| + | |||
| + | The PIO's reply will typically take one of these shapes: | ||
| + | |||
| + | - **"FIR registered, here is the FIR number." | ||
| + | - **" | ||
| + | - **" | ||
| + | - **" | ||
| + | - **" | ||
| + | |||
| + | ==== Step 8 — If silence: First Appeal → Second Appeal ==== | ||
| + | |||
| + | File a **First Appeal** under §19(1) — free, by registered post, 30-day clock. | ||
| + | |||
| + | The FAA for a Police Station PIO is usually the **SP / DCP / Commissioner** of the district. Address: | ||
| + | |||
| + | < | ||
| + | To, | ||
| + | The First Appellate Authority | ||
| + | (Superintendent of Police / DCP / Commissioner of Police) | ||
| + | [Office address, district HQ] | ||
| + | |||
| + | Subject: First Appeal under §19(1), RTI Act 2005 — non-response by PIO, [PS Name] | ||
| + | |||
| + | Sir/Madam, | ||
| + | |||
| + | I filed an RTI application dated [original date] (AD acknowledged on [AD date]) with the PIO/SHO of [PS name]. The §7(1) 30-day window ended on [day 30]. I have received [no reply / a vague reply not addressing my questions]. I file this First Appeal under §19(1) of the RTI Act 2005. | ||
| + | |||
| + | Grounds: | ||
| + | - Information sought relates to the status and non-registration of an FIR for a cognizable offence (//Lalita Kumari v. UP// (2014) 2 SCC 1) and is squarely within the disclosure mandate (//Bhagat Singh v. CIC//, Delhi HC 2007 — §8(1)(h) cannot be invoked as a blanket bar). | ||
| + | - The PIO has committed a §7(2) deemed refusal. | ||
| + | |||
| + | I attach: (a) copy of the original RTI, (b) postal AD acknowledgement, | ||
| + | |||
| + | I request the FAA to direct the PIO to provide the information sought and to consider action under §20 of the RTI Act for the deemed refusal. | ||
| + | |||
| + | [Signature] | ||
| + | </ | ||
| + | |||
| + | If the FAA also fails to respond in 45 days (the §19(6) cap), you go to the **State Information Commission** under §19(3). Each state SIC has its own portal — Maharashtra SIC, UP SIC, Bihar SIC, Delhi SIC, Karnataka SIC etc. Most accept e-second-appeals. | ||
| + | |||
| + | ===== What if the police invoke §8(1)(h)? ===== | ||
| + | |||
| + | §8(1)(h) of RTI exempts information that "would impede the process of investigation or apprehension or prosecution of offenders" | ||
| + | |||
| + | * **//Bhagat Singh v. CIC// (Delhi HC, 2007)** — §8(1)(h) is **not a blanket exemption**. The PIO must show **how** disclosure would actually impede investigation. | ||
| + | * **//Aditya Bandopadhyay v. CBSE// (2011) 8 SCC 497** — a citizen' | ||
| + | * **//B.S. Mathur v. PIO Delhi Police// (Delhi HC 2011)** — even active investigation files require **specific, recorded justification** for §8(1)(h) refusal. | ||
| + | * **CIC orders 2010-2024** have repeatedly held that **(a) the existence of an FIR, (b) the FIR copy itself, (c) the status of the complaint, (d) the IO's name** are all disclosable. Investigation-stage witness statements (§161 statements) and forensic reports may be held back, but not the procedural record. | ||
| + | |||
| + | If the PIO replies citing §8(1)(h), your First Appeal must demand the **specific justification** required under §10 (severability) — i.e., even if some parts are exempt, the rest must be disclosed. | ||
| + | |||
| + | ===== Common mistakes to avoid ===== | ||
| + | |||
| + | * **Sending by ordinary post.** No proof of delivery, no clock starts. Always Registered AD. | ||
| + | * **Asking "why have you not registered?" | ||
| + | * **Filing only at DGP HQ.** Wrong-office RTIs get bounced. Always file at the **station** (and copy to SP). | ||
| + | * **Threatening or insulting tone.** A polite, specific request gets a polite, specific reply. | ||
| + | * **Skipping the §156(3) parallel route.** RTI is for the written record. §156(3) is for the actual FIR. Use both. | ||
| + | * **Ignoring "Zero FIR" | ||
| + | |||
| + | ===== FAQs ===== | ||
| + | |||
| + | **Q. Can I file an RTI before the police even take my complaint? | ||
| + | You can — but the RTI is more useful **after** you have filed a written complaint and have a dak number / receipt. Without that, the PIO will reply "no record found" | ||
| + | |||
| + | **Q. Is the FIR copy free?**\\ | ||
| + | Yes. Under BNSS §173(2) (earlier CrPC §154(2)), the FIR copy must be given **free of cost** to the informant. You don't need an RTI for it — you can demand it directly. RTI is the fallback if they refuse. | ||
| + | |||
| + | **Q. Can the SHO charge me for the RTI reply?**\\ | ||
| + | The first 20 pages are typically free. After that, ₹2/page (varies by state — Bihar ₹2, Maharashtra ₹2, Delhi ₹2). The PIO will issue a fee demand notice and pause the 30-day clock until you pay. | ||
| + | |||
| + | **Q. What if the SHO threatens me for filing an RTI?**\\ | ||
| + | This is a serious offence under §3 of the RTI Act and may amount to an offence under BNS. Report to the SP, the State Information Commission, the State Human Rights Commission, and the District Magistrate. Many states (Kerala, Maharashtra, | ||
| + | |||
| + | **Q. I am a victim of domestic violence and the police won't register the FIR. What do I do?**\\ | ||
| + | For DV / dowry / sexual offences — FIR is mandatory and **no preliminary enquiry** is allowed (//Lalita Kumari// para 120.6). File the RTI **and** approach the District Legal Services Authority (DLSA — free legal aid), the State Women Commission, and the Mahila Police Station (in states that have one). Also file §156(3) immediately. | ||
| + | |||
| + | **Q. The police registered the FIR but won't give me a copy. RTI?**\\ | ||
| + | Yes — file a one-question RTI demanding (a) certified copy of the FIR under BNSS §173(2), (b) dispatch register entry showing when the copy was sent to the informant. CIC has held this is a clear-cut disclosure case. | ||
| + | |||
| + | ===== Read more — the deep technical view ===== | ||
| + | |||
| + | <WRAP collapse> | ||
| + | The plain-language guide above is enough for almost every FIR-not-registered case. Below is for those who want full statutory and case-law references — useful for escalation to the SIC, High Court Article 226 writ, or a private complaint under BNSS §223 (earlier §200 CrPC). | ||
| + | |||
| + | ==== Statutory framework ==== | ||
| + | |||
| + | * **Right to Information Act, 2005** — §3, §6(1), §7(1), §7(2), §8(1)(h), §10 (severability), | ||
| + | * **Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)** — replaced CrPC w.e.f. 1 July 2024: | ||
| + | * **§173 (= old §154 CrPC)** — registration of FIR for cognizable offences. Sub-section (1) proviso allows Zero FIR. Sub-section (2) — free copy to informant. | ||
| + | * **§175 (= old §156 CrPC)** — Magistrate' | ||
| + | * **§223 (= old §200 CrPC)** — private complaint to Magistrate. | ||
| + | * **§225-§226** — Magistrate' | ||
| + | * **Bharatiya Nyaya Sanhita, 2023 (BNS)** — replaced IPC. Common cognizable sections: §103-§109 (homicide), §115-§118 (hurt), §137-§140 (kidnapping), | ||
| + | * **Police Act 1861** + state Police Acts (Maharashtra Police Act 1951, Delhi Police Act 1978, Karnataka Police Act 1963 etc.) — confirm SHO's duty to register cognizable offence. | ||
| + | * **Indian Evidence Act, 1872** (now Bharatiya Sakshya Adhiniyam 2023) — FIR is a public document under §74. | ||
| + | |||
| + | ==== Key Supreme Court and High Court rulings ==== | ||
| + | |||
| + | * **//Lalita Kumari v. State of Uttar Pradesh//, (2014) 2 SCC 1** — Constitution Bench. Para 120.1: " | ||
| + | |||
| + | * **//Bhagat Singh v. Chief Information Commissioner//, | ||
| + | |||
| + | * **//Aditya Bandopadhyay v. CBSE//, (2011) 8 SCC 497** — citizen' | ||
| + | |||
| + | * //**Sakiri Vasu v. State of UP//, (2008) 2 SCC 409** — confirmed that aggrieved persons can move §156(3) CrPC for FIR registration. Magistrate has wide powers to ensure proper investigation. | ||
| + | |||
| + | * **//Youth Bar Association of India v. UoI//, (2016) 9 SCC 473** — directed all states to upload every FIR on the police website within 24 hours (72 hours in remote areas). Cited in many CIC orders to strike down police refusals. | ||
| + | |||
| + | * **//State of Haryana v. Bhajan Lal//, 1992 Supp (1) SCC 335** — the seven categories where High Court can quash an FIR. Useful to argue conversely: if your case doesn' | ||
| + | |||
| + | * **//Mukesh Kumar v. State//, Delhi HC 2018** — RTI is the appropriate route to seek information about complaint status when the police are unresponsive. | ||
| + | |||
| + | ==== Common §8 exemption claims (and why they usually fail) ==== | ||
| + | |||
| + | * **§8(1)(h) — investigation.** Burden on PIO. //Bhagat Singh// + //B.S. Mathur// require specific, recorded justification. | ||
| + | * **§8(1)(g) — endanger life/ | ||
| + | * **§8(1)(j) — personal information.** Frequently misapplied to refuse names of dealing officials. Names of public servants performing official duty are not personal information (//Subhash Chandra Agrawal//, //Namit Sharma//). | ||
| + | * **§24 — exempt organisations.** State police are **not** in the Second Schedule. Some state amendments added " | ||
| + | |||
| + | ==== Parallel & follow-up routes ==== | ||
| + | |||
| + | * **§175(3) BNSS / §156(3) CrPC application** — to JM/CJM. Plain application + complaint + refusal proof. Court fee ₹2-10. | ||
| + | * **Private complaint under BNSS §223** — if §175(3) fails, file a complaint case in court directly. | ||
| + | * **Article 226 writ to High Court** — for mandamus directing FIR registration. Used when both station and Magistrate route fail. | ||
| + | * **State Human Rights Commission** — for police inaction on grave matters (custodial issues, women' | ||
| + | * **National Human Rights Commission** — escalation if state SHRC silent. | ||
| + | * **State Police Complaints Authority (PCA)** — set up under //Prakash Singh// (2006) 8 SCC 1 directions. Each state has one (some defunct, but Maharashtra, | ||
| + | |||
| + | ==== When the SHO refuses to accept the RTI at the counter ==== | ||
| + | |||
| + | - Drop the application + IPO at the **dak section** and ask for the dak number. | ||
| + | - The dak number is your acknowledgement. | ||
| + | - If even dak refuses, post by Registered AD — same legal effect. | ||
| + | - Mention this counter-refusal in your First Appeal as additional ground under §20. | ||
| + | - In parallel, complain to the SP **and** the State Information Commission directly under §18 (separate from the appeal route). | ||
| + | |||
| + | ==== Penalty mechanics — §20 ==== | ||
| + | |||
| + | * **§20(1): | ||
| + | * **§20(2): | ||
| + | * SIC issues a **show-cause notice** before imposing penalty. Most PIOs respond by providing the information. | ||
| + | |||
| + | ==== Cross-references on RTI Wiki ==== | ||
| + | |||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | ==== Sources used in this article ==== | ||
| + | |||
| + | * Bharatiya Nagarik Suraksha Sanhita 2023 (Ministry of Law, consolidated text) | ||
| + | * //Lalita Kumari// (2014) 2 SCC 1 (Constitution Bench) | ||
| + | * //Bhagat Singh v. CIC// (Delhi HC, 2007) | ||
| + | * //Aditya Bandopadhyay// | ||
| + | * //Youth Bar Association// | ||
| + | * NCRB Crime in India Report 2024 | ||
| + | * CIC orders archive (cic.gov.in) | ||
| + | </ | ||
| + | |||
| + | ===== Conclusion ===== | ||
| + | |||
| + | If a police station has refused to register your FIR, you don't need an " | ||
| + | |||
| + | **Don' | ||
| + | |||
| + | ===== Related ===== | ||
| + | |||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | //Last reviewed: 26 April 2026 by RTI Wiki editorial team. If you spot an error or an out-of-date phone/ | ||
| + | |||
| + | {{tag> | ||