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FIR Not Registered? RTI to Police for Complaint-Register Record

RTI for FIR status — RTI Wiki

⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →

· 2026/04/19 05:02 · 0 Comments

In one line. Every written complaint received at a police station must be entered in the General Diary (also called Daily Diary / Station Diary). When the police refuse to register an FIR despite a cognizable offence, RTI extracts the diary entry and forces the SHO / senior officers to record their decision.

What that means. In Lalita Kumari v. UP (2014) 2 SCC 1, the Supreme Court held that registration of FIR is mandatory when a cognizable offence is disclosed; any refusal must be in writing with reasons. RTI extracts that writing.

Part of Pillar 1 — RTI for Daily Life Problems.

What is the problem

Common obstructions:

  • SHO refusing to register FIR citing “civil matter” or “wait and see”.
  • FIR registered but investigation not progressed.
  • Zero FIR filed at one station; actual FIR at jurisdictional station not issued.
  • Closure report (Final Report) under Section 173 BNSS filed without intimation.
  • Complaint marked “non-cognizable” wrongly.
  • NCR (Non-Cognizable Report) filed instead of FIR.

When to use RTI

  • Complaint submitted at the police station but no FIR or NCR given.
  • FIR registered but investigation stalled >90 days.
  • Zero FIR filed but jurisdictional station says “not received”.
  • Case closed (B-Final / A-Final) without informing the complainant.
  • Complaint converted to NCR and you believe it is cognizable.

What you can ask

  • Daily Diary / General Diary entry number and date.
  • Name, designation, badge number of the Duty Officer who received the complaint.
  • Decision of the SHO on registration — in writing.
  • FIR number (if registered) + investigating officer.
  • Status of investigation — which witnesses examined, which sections added.
  • If closed, the closure report + Magistrate's acceptance.
  • Zero-FIR transmission record (if applicable).
  • Compliance with Lalita Kumari on registration.

Step-by-step RTI filing

Where to file

  • State RTI portal → Home Department / Police Department.
  • OR postal: Public Information Officer, Office of the Commissioner of Police / Superintendent of Police, [City/District].
  • Copy to the jurisdictional Zonal DCP / SDPO for pressure.

Fees

Rs. 10 central portal; state fees vary Rs. 10–50. Free for BPL.

Sample RTI application

To,
The Public Information Officer,
Office of the Commissioner of Police / Superintendent of Police,
[City / District], [State]

Subject: Information under Section 6(1) of the RTI Act, 2005, regarding my complaint / FIR.

Sir/Madam,

I, [Name], resident of [Full Address], submit:

Date of complaint: ________
Police Station: ________
Duty Officer met: ________
Nature of offence alleged: ________
FIR / NCR number (if any): ________
Zero-FIR station, if any: ________

Please provide:

1. Certified copy of the Daily Diary / General Diary entry at [Police Station] on DD-MM-YYYY corresponding to my complaint.
2. Name, designation, and badge number of the Duty Officer / Station Writer who received the complaint.
3. SHO's decision on registration of FIR — in writing, as required by //Lalita Kumari v. UP// (2014) 2 SCC 1.
4. FIR number (if registered), date, sections invoked, and investigating officer's name.
5. Current status of investigation — witnesses examined, scene-of-crime record, any arrests, sections added.
6. If the matter has been classified NCR, the written reasoning and the Magistrate's direction (if any).
7. If a Zero FIR was registered, date of transmission to the jurisdictional station and acknowledgement.
8. If the case has been closed, certified copy of the Final Report under Section 173 of the BNSS, 2023, and the Magistrate's order.
9. Procedure for escalation if no action has been taken.
10. Grievance officer / First Appellate Authority contact.

I enclose Indian Postal Order / Challan No. __________ for Rs. _____.
I declare I am an Indian citizen.

Yours faithfully,
[Signature, Date, Place]

10 RTI questions

  1. Daily Diary entry copy.
  2. Duty Officer identity.
  3. SHO's written decision.
  4. FIR number + IO name.
  5. Investigation status.
  6. NCR reasoning if applicable.
  7. Zero-FIR transmission.
  8. Closure report copy.
  9. Escalation procedure.
  10. FAA contact.

What happens next

  • Day 0–10 RTI routed; DCP/SP office pulls station records.
  • Day 10–25 Many delayed-registration cases see FIR registered during this window.
  • Day 30 Written reply.
  • Day 30+ First Appeal to Inspector General / Commissioner; also a Section 175(3) BNSS application to the Magistrate for registration direction.
  • Day 90+ Second Appeal to SIC.

Common mistakes

  • Writing the complaint narrative in the RTI — the RTI is for records, not for reopening facts.
  • Asking “why no FIR” — rhetorical; ask for the Daily Diary entry.
  • Not citing Lalita Kumari — it's the enforceable SC authority.
  • Missing the Magistrate route under Section 175(3) BNSS (formerly Section 156(3) CrPC).

Pro tips

  • Always keep an acknowledgement of the complaint submission — photograph of it if handed over, Speed Post receipt otherwise.
  • Parallel Magistrate's petition under Section 175(3) BNSS is the fastest escalation when FIR is refused.
  • Copy to Human Rights Commission (state or NHRC) if the refusal involves a cognizable offence against a vulnerable person.
  • Women-specific crimes — Section 173 BNSS mandates immediate registration; RTI timelines compress.
  • For cyber-crime, parallel filing at cybercrime.gov.in strengthens the case.

FAQs

Q1. Can an investigating officer be named under §24 exemption?
The IO's name is an institutional record, disclosable. Operational sources are protected.

Q2. Is a Section 173 BNSS Final Report public?
Once filed in court, yes. Before filing, Section 8(1)(h) may apply.

Q3. Can I get copies of witness statements?
Typically not during investigation; post-trial, yes.

Q4. What if the station refuses to acknowledge my complaint?
Submit by Speed Post with acknowledgement due. That becomes the statutory-valid filing.

Conclusion

An unregistered FIR is often a fixable administrative issue. RTI surfaces the Daily Diary — the truest record of what the police received — and the SHO's written decision. With both on paper, the Magistrate, the Commissioner, and the Commission all have a basis to act.

Sources

  • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Sections 173, 175(3)
  • Lalita Kumari v. UP, (2014) 2 SCC 1
  • State Police Manuals

Last reviewed: 21 April 2026.

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