Can police officers refuse to register a First Information Report (FIR) for a cognizable or non-cognizable offence? The answer is ‘NO’

Every minute counts in serious crimes—especially when the law expects the police to act immediately.”

“The police are the first line of defense in any criminal justice system.” — Justice V.R. Krishna Iyer”

What is cognizable offence?

In simple words: A cognizable offence, means a serious crime like rape or murder, where the police have the authority to arrest a suspected person without a warrant. Defined under sec. 2(g) of Bhartiya Nagarik Suraksha Sanhita, 2023

“Cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

Legal Framework of The Role of Police in Cognizable Offences under BNSS, 2023
relevant sections;

Under the BNSS, 2023, Sections 173 to 196 deal with role and power of police in cognizable offences. These correspond to Sections 156 to 176 of the repealed CrPC, 1973.

Role of police officers

INFORMATION IN COGNIZABLE CASES (SECTION 173)

Sub-Section (1); anyone can report the cognizable offence no matter where the offences have been committed.

The complaint made by

1. Orally:

The police officer must write down the report and read it back to the informant.
The informant (complainant) must then sign the written report.

1. By Electronic Communication:

The officer must record the information.
The informant must sign it within 3 days to make it official.

Moreover, if a woman reports that a crime has been committed against her under Sections 64-71, 74-79 and 124 of Bhartiya Nyaya Sanhita (BNS), 2023 (includes serious offences like rape, harassment, stalking etc.), then:

Her statement must be recorded by in presence of women police officer or any women officer.

Added further –

If a person (especially a woman) is mentally or physically disabled — either temporarily or permanently — and is reporting a serious offence under sections 64 to 71, 74 to 79, or 124 of the BNS, 2023, then:

A police officer must record the report:

• At the person’s home or
• At a place of their choice (where they feel safe),
• And in the presence of an interpreter or special educator, if needed.

Sub-Section (2): The police officer must give a copy of the report free of cost to the victim or the informant, as recorded under Sub-section (1).

Sub-Section (3): without affecting the provisions of section 175, when police officers receive the information relating with of any cognizable offences that is punishable for 3 to 7 years in prison, the police station in charge with the prior permission form a deputy superintendent of police, depending the nature of the offence—

1. They proceed to conduct preliminary enquiry within a period of 14 days on depending the prima facie evidence for further proceeding.
2. Conduct an investigation when there exists a prima facie case.

Note: What is ‘Prima Facie’?

• ‘Prima facie’ is a Latin term that means “at first sight” or “on the face of it.”
• In legal terms, it means there is enough initial evidence to believe that a crime may have been committed.
• This evidence is collected by the police during a preliminary enquiry or at the early stage of investigation — just enough to justify moving forward with a full investigation.

Sub-Section (4): If a police station refuses to register your complaint (related to a cognizable offence, as mentioned in Sub-section 1), you have the right to:

1. Write down the complaint and
2. Send it by post to the Superintendent of Police (SP) of that area.
3. If the SP believes your complaint shows a cognizable offence, they can:

• Investigate the case themselves, or
• Tell another police officer under them to investigate it.
• That officer will then have all the powers of the officer in charge of the police station for that case.

4. If even the SP does nothing with that complaint:

• You can then apply to the Magistrate for action.

Power and procedure of police officer in case of cognizable offence

POLICE OFFICER’S POWER TO INVESTIGATE COGNIZABLE CASE. (SECTION 175)

Sub-Section (1) – Anyone who is in charge of a police station has the power to investigate any cognizable case without the order of a Magistrate, provided the case falls within the jurisdiction of that police station.

Moreover, the Superintendent of Police (SP) may direct the Deputy Superintendent of Police (DSP) to investigate the case, taking into consideration the nature and gravity of the offence.

Sub-Section (2) – The police officer’s action cannot be challenged on the ground that the officer wasn’t authorized to investigate under this section.

Sub-Section (3) – Empowers the Magistrate under Section 210 to direct the Superintendent of Police to conduct an investigation, after considering an application supported by an affidavit under sub-section (4) of Section 173.

Sub-Section (4) – Any Magistrate authorized under section 210, to direct or order to the police officer, after made a complaint against servant to do not performing their official duties.

If –

1. The Magistrate must first receive a report from the public servant’s senior officer that explains what happened in the incident.
2. The Magistrate must also consider the public servant’s explanation of the situation that led to the complaint.

 

PROCEDURE FOR INVESTIGATION (SECTION 176)

Sub-section (1) – When a Police Officer Can Start an Investigation:

• If a police officer (who has the authority under Section 175) suspects that a crime has happened, either from information received or otherwise:
  • He must immediately send a report to a Magistrate who is authorized to handle such cases.
  • He should go to the crime scene himself or send a qualified subordinate officer (as specified by the State Government) to:
    • Investigate the case,
    • Collect evidence, and
    • If needed, arrest the accused person.

Exceptions:

• (a) If someone is named in the complaint and the crime is not serious, the officer does not need to go or send someone to the spot.
• (b) If the officer believes there’s not enough reason to investigate, he may decide not to investigate.

Special Rule for Rape Cases:

• The victim’s statement must be recorded:
  • At her home or any place she chooses,
  • Preferably by a woman police officer,
  • In the presence of a parent, guardian, relative, or social worker, and
  • It may also be recorded using audio or video tools like a mobile phone.

Sub-section (2) – Reporting Exceptions:

• In both exception cases (a and b), the officer must:
  • Explain why he didn’t fully follow the usual procedure,
  • Send a report every two weeks to the Magistrate, and
  • Inform the person who gave the complaint (in case of exception b), as per State rules.

Sub-section (3) – Serious Crimes (Punishable by 7 years or more):

• From a date specified by the State Government, in such serious crimes:
  • A forensic expert must be sent to the crime scene to collect evidence, and
  • The investigation process must be recorded on a mobile phone or other electronic device.

If No Forensic Facility Is Available:

• The State must make arrangements to use forensic services from another State until its own facilities are ready.

Case Laws

1. Amit Kumar vs. Joginder Singh and Another decided on 15 January 2019 (indiankanoon.org)
2. Lalita Kumari v. Government of Uttar Pradesh & Others (2013) 14 SCC – The supreme court ruled that Registration Of FIR Mandatory If Information Discloses Cognizable Offence
3. Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007

Conclusion

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the role, powers, and procedures of police officers in dealing with Cognizable Offences are clearly defined to ensure the effective functioning of the criminal justice system. The provisions mandate that police authorities must register an FIR and investigate such offences without requiring prior permission from a Magistrate. This legal framework strengthens police accountability and promotes timely justice delivery.

References

• Code of Criminal Procedure, 1973 (Bare Act)
• Bhartiya Nagarik Suraksha Sanhita, 2023 (Bare Act)
• legalbites.in

 

Important links —

Legal Perspective on Adolescence, Social Media, and Parental Responsibility