Dealing with the police, and the FIR
Filing an FIR, and what the police must do.
You may need the police to act on something serious that happened to you, or you may have been stopped or arrested. The law gives you clear protections. These few points put you on solid ground.
What the law says
- For a serious (cognizable) offence, the police must register your First Information Report (FIR), and must give you a copy free of cost. There is one exception, added in 2024. Where the offence carries three to seven years, the police can first run a preliminary enquiry. But they need a senior officer's written permission, and it can last only up to fourteen days.
- You can file a Zero FIR at any police station, even if the crime happened somewhere else or in another area. They have to record it and then transfer it to the right station.
- If the police refuse to register your FIR, complain in writing to the Superintendent of Police, sent by post. If that does not work, you can then apply to a Magistrate with a sworn affidavit. Since 2024, that step comes after the complaint to the SP, not instead of it.
- If you are arrested, you have four rights. To know why. To inform a family member or a friend. To speak to a lawyer. And to be produced before a magistrate within 24 hours.
What to do
- 1
Go to the police station and give your complaint
Say clearly what happened: what, when, where, and who was involved. For a serious offence, ask them to register an FIR. You can give it in writing, or the officer can write it down for you.
- 2
Read it, then sign, and take your free copy
Before signing, check that the FIR records what you actually said. Once it is registered, the police must give you a copy at no cost. Keep it safely. It is your proof and your reference number.
- 3
Use a Zero FIR if you are in the wrong area
If the station says the crime did not happen in their area, you can still ask for a Zero FIR. They have to record it and send it to the correct police station. Do not let distance stop you.
- 4
Escalate if they refuse
If the police will not register your FIR, send a written complaint by post to the Superintendent of Police. If that fails, apply to the local Magistrate with a sworn affidavit. Both can direct the police to register the case and investigate. The Magistrate route now comes second.
Your rights
File an FIR for a serious offence
- How long it takes
- Usually immediately. For offences carrying 3 to 7 years, up to 14 days of enquiry first.
- Where to go
- Any police station. Zero FIR if you are out of the area.
- Cost
- Free, including your copy of the FIR
Complain if the police refuse
- How long it takes
- As soon as they turn you away
- Where to go
- Superintendent of Police, then the local Magistrate
- Cost
- Free
Your rights if you are arrested
- How long it takes
- You must be produced before a magistrate within 24 hours
- Where to go
- Tell the police you want to inform your family and call a lawyer
- Cost
- Free legal aid if you cannot afford a lawyer
Free legal aid
- How long it takes
- At any stage, including at the police station
- Where to go
- District or State Legal Services Authority
- Cost
- Free
Common questions
When you need a lawyer
If you have been arrested, or you are facing a serious case, get a lawyer immediately. Do not wait, and do not sign anything you do not understand. If you cannot afford a lawyer, free legal aid is your right. It comes from the District or State Legal Services Authority. You can ask for it even at the police station. As a rule, women should not be arrested at night. India's criminal laws were updated in 2024, when the new BNSS code replaced the old CrPC, but your main protections are the same. Miss Lucy Lite can help you understand your situation and write a complaint for you. A criminal advocate handles your defence and represents you in court.
Free legal aid is your right. Check if you qualify.This is guidance, not a lawyer. Miss Lucy Lite helps you understand your rights and what to do next. She is not a lawyer, and this is not legal advice. If you need a document written, such as a notice, a complaint or an application, she can write it for you as a finished document. For a court case, see a lawyer.