Private Complaint When Police Denies to Take Complaint Against the Accused: What You Need to Know

When you're a victim of an offence or a witness to a crime, the first logical step is to approach the local police station and lodge a complaint or FIR (First Information Report). However, there are unfortunate instances where the police may refuse to register your complaint. In such situations, the law offers a powerful alternative remedy – filing a Private Complaint before the Magistrate.

In this article, we explain:

• The legal position when police deny registering a complaint

• Your rights as a citizen

• The step-by-step process of filing a private complaint

• Practical tips to ensure your complaint is taken seriously

1. Legal Duty of Police to Register an FIR

Under Section 154 of the Code of Criminal Procedure (CrPC), 1973, the police are duty-bound to register an FIR if the information discloses the commission of a cognizable offence (i.e., offences where police can arrest without a warrant, such as murder, rape, theft, etc.).

However, in practice, police may refuse to register an FIR due to:

• Lack of evidence at the initial stage

• Political or influential pressure

• Misjudgment of the nature of the offence as “non-cognizable”

• Collusion with the accused

In such cases, the aggrieved person is not left helpless.

2. Remedy Under Section 154(3) CrPC – Written Complaint to Superintendent of Police (SP)

If the SHO (Station House Officer) refuses to register an FIR, the next step is to approach the Superintendent of Police (SP) or the Commissioner of Police.

• The complaint should be in writing, enclosing all supporting documents and evidence.

• If satisfied, the SP can order the registration of FIR and direct investigation.

If this too fails, the next remedy is to approach the Judicial Magistrate.

3. Filing a Private Complaint Under Section 200 CrPC

Under Section 200 of CrPC, any person can file a private complaint before the jurisdictional Magistrate if the police fail to act.

✅ Who can file?

Any person who is aggrieved or aware of a crime can file a complaint. Even an NGO or social activist may file in some cases.

✅ Where to file?

Before the Judicial Magistrate First Class (JMFC) having jurisdiction over the area where the offence occurred.

✅ What should the complaint contain?

A well-drafted private complaint should include:

• Details of the complainant and accused

• Complete facts of the incident

• Evidence or witnesses (if any)

• Mention that the police refused to register the FIR

• Prayers: Registration of FIR / Investigation / Summoning of accused

✅ Need for Affidavit & Supporting Documents:

It is advisable to attach:

• An affidavit affirming the truth of the complaint

• Copies of previous complaints made to police/SP

• Any available evidence like photos, call recordings, messages, witness statements, etc.

4. Magistrate’s Power Under Section 202 CrPC

Once the private complaint is filed:

• The Magistrate may examine the complainant and witnesses on oath.

• He may order a preliminary inquiry or direct the police to investigate under Section 202 CrPC.

• If sufficient grounds are found, the Magistrate can issue summons to the accused.

5. Difference Between FIR and Private Complaint

Aspect	FIR	Private Complaint
Filed With	Police Station	Magistrate Court
Applicable Law	Section 154 CrPC	Section 200 CrPC
Investigation	Starts immediately	May be ordered by Magistrate
For Which Offences	Cognizable	Cognizable & Non-cognizable
When to Use	First step in most cases	When police deny registering complaint

6. Landmark Judgments

• Lalita Kumari v. Govt. of UP (2014) – The Supreme Court ruled that registration of FIR is mandatory for cognizable offences.

• Sakiri Vasu v. State of UP (2008) – The Court emphasized that the complainant has the remedy to approach the Magistrate under Section 156(3) CrPC if the police refuse to register FIR.

7. Practical Tips for Filing Private Complaints

• Consult an experienced advocate to draft a strong complaint.

• Keep a record of all communications with the police (written complaint, acknowledgments, etc.).

• Be detailed, factual, and avoid exaggerated claims.

• Ensure all relevant documents and proof are annexed.

• Be prepared to depose before the Magistrate.

8. Can the Magistrate Direct Police to Register an FIR?

Yes. Under Section 156(3) CrPC, the Magistrate can direct the police to register an FIR and conduct investigation, treating your private complaint as a formal trigger.

This remedy is especially useful in:

• Family disputes where local police are hesitant

• Property or cheating matters involving local influences

• Domestic violence, dowry harassment, or threats

• Any matter where time-bound police action is necessary

Conclusion: Don't Lose Hope If Police Refuse

Justice does not begin and end at the police station. If the police have failed to act, the judicial system provides you with a powerful legal remedy through private complaints. Knowing your rights and taking timely action is crucial to protect your interests and ensure justice is served.

Need Legal Help with Filing a Private Complaint?

At Sairam Law Associates, we specialize in criminal law matters and have successfully helped clients in filing private complaints, getting FIRs registered through Magistrate intervention, and pursuing justice through the courts.

📞 Contact Us Today for personalized legal assistance in Bengaluru:

• Phone: 9611195911 | 9900984444

• Email: adv@sairamlawassociates.in

• Website: SairamLawAssociates.in

• Link Bio: https://hopp.bio/sla Disclaimer

  The information provided in this blog is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and reliability of the content, laws and legal procedures are subject to change and may vary based on individual circumstances. Readers are advised to consult a qualified legal professional for specific legal guidance tailored to their situation. Reading or interacting with this content does not create an attorney-client relationship with Sairam Law Associates.