What To Do If There Is No Hearing At The Police Station?

When citizens approach the police with a complaint or FIR, they expect timely action and a fair hearing. However, data and reports indicate that police inaction remains a widespread issue in India, especially in cases involving influential parties or systemic delays. According to legal experts and recent High Court observations, delays or lack of hearings at police stations can seriously undermine public trust and impede access to justice. Year, 2022 "Nyaaya Report" highlights that complainants and victims frequently face challenges such as deliberate inaction, unreasonable delay, or failure to collect evidence by the police. The Supreme Court and High Courts have repeatedly emphasized that investigations must be fair, prompt, and transparent, as required by Article 21 of the Constitution. Yet, complaints about police inaction are common, prompting thousands of people each year to seek intervention from higher authorities or the judiciary.

In this blog, we will explore:

• The most common reasons why police may not take action
• Your fundamental legal rights as a complainant
• Step-by-step actions to take if police ignore your complaint
• Legal remedies under BNSS Sections 173 and 175, and Article 226 of the Constitution
• Alternative platforms for grievance redressal
• Key Supreme Court judgments on police inaction

Let’s break down each of these areas to help you take informed and effective legal action when faced with police inaction.

Common Reasons Why Police May Not Take Action

Understanding why your complaint is being ignored can help you respond effectively. Here are some typical reasons:

1. Lack of Evidence or Seriousness

Police may sometimes dismiss a case if they believe it’s not serious enough or lacks prima facie evidence. However, this should not stop them from registering an FIR in cognizable cases.

2. Internal Bias or Political Influence

In certain cases, police may be under pressure from influential persons or may have internal bias, leading to intentional delays or suppression of the complaint.

3. Jurisdiction Confusion

Some officers may refuse to register your complaint, saying, “This didn’t happen in our area.” But legally, they must record the complaint and forward it to the correct police station (or file a Zero FIR).

4. Deliberate Delay or Corruption

Sadly, in some instances, complainants face deliberate inaction due to bribes, laziness, or abuse of power — all of which can and should be legally challenged.

Your Legal Rights As A Complainant

As a citizen, you are entitled to certain rights when dealing with police authorities. Here are the key ones:

Right to Get an FIR Registered – Section 173 BNSS

If your complaint discloses a cognizable offence, the police must register an FIR. Refusal to do so is a violation of your legal rights.

Zero FIR – File FIR in Any Police Station

If the incident occurred outside the jurisdiction of your local police station, you can still file a Zero FIR there. They are required to forward it to the relevant station. This is especially important in urgent cases like sexual assault, kidnapping, or violence.

Right to Free Copy of FIR

You have the right to receive a free copy of the FIR once it is registered. You do not need to pay any fee for this.

Right to Time-Bound Investigation

Police are expected to conduct investigations within a reasonable timeframe and keep the complainant informed. Prolonged silence can be challenged legally.

Immediate Steps You Can Take

If the police refuse to hear you or act on your complaint, take the following steps:

File a Written Complaint and Get a Receiving Copy

• Always submit your complaint in writing at the police station.
• Ask for a receiving signature, stamp, and date on your copy.
• This becomes proof that the complaint was submitted.

Include details like date, time, place of the incident, names (if known), and attach any supporting documents or evidence.

Approach the Senior Police Officer (ACP/DCP/SP)

• If the SHO (Station House Officer) refuses to act, escalate to the Assistant Commissioner (ACP), Deputy Commissioner (DCP), or Superintendent of Police (SP).
• You can write a formal complaint to them or request an appointment to present your case.

Send Complaint via Registered Post or Email

• If physical access is not working, send your complaint by Registered Post (India Post) or Email to the police station and senior officers.
• Mention in the letter that the local police are not taking action.
• Registered post helps you create a legal record of non-response.

Legal Remedies If Police Still Don’t Respond

If your complaint is being ignored even after escalation, Indian law provides strong legal remedies to ensure that your voice is heard. Here are your next steps:

File a Complaint with the Superintendent of Police (SP) – Section 173 BNSS

If the Station House Officer (SHO) refuses to register your FIR, you can approach the Superintendent of Police (SP) under Section 173 of the BNSS.

• Submit a written complaint clearly stating the incident, and mention the inaction of the local police.
• The SP has the authority to direct the SHO to register the FIR and begin investigation.
• Keep copies of all correspondence and acknowledgments — they will help you if you need to move to the next level.

Approach the Magistrate Under Section 175 BNS

If even the SP fails to act, your next legal recourse is to approach the Judicial Magistrate under Section 175 b.

• You can file a petition through a lawyer before the Magistrate detailing the incident and police inaction.
• The Magistrate, upon review, can direct the police to register an FIR and start an investigation.
• This is one of the most effective legal remedies and is frequently used when police show deliberate inaction.

File a Writ Petition in the High Court – Article 226 of the Constitution

If the police inaction violates your fundamental rights (like right to life, liberty, or equality), you can file a writ petition in the High Court under Article 226 of the Constitution.

• This remedy is especially relevant in serious cases of harassment, abuse of power, or human rights violations.
• The court can issue directions to the police, order compensation, or even initiate disciplinary action.
• Filing a writ petition should be done with the help of a qualified constitutional or criminal lawyer.

Alternative Avenues For Grievance Redressal

If traditional routes aren’t yielding results, you can also seek help from other legal and public grievance bodies, depending on the nature of your complaint.

Human Rights Commission

If your complaint involves custodial silence, police brutality, or violation of basic rights, you can approach:

• State Human Rights Commission (SHRC)
• National Human Rights Commission (NHRC)

They have the power to investigate, summon police officers, and recommend compensation or disciplinary action.

State or National Women’s Commission

If the complaint relates to sexual harassment, dowry abuse, domestic violence, or any gender-based issue, you can approach:

• State Women’s Commission
• National Commission for Women (NCW)

They provide legal support, counseling, and also coordinate with police to ensure action is taken.

Online Platforms for Police Complaints

You can also file a complaint through government portals:

• National Police Complaint Portal – https://www.nationalhelpline.in (for select states)
• State Police Websites – Most state police departments now allow online FIR registration or complaint filing.
• CPGRAMS – https://pgportal.gov.in
  (Centralised Public Grievance Redress and Monitoring System) – allows you to escalate your complaint to the concerned ministries.

Case Laws

Here are important case laws addressing remedies and judicial directions when police fail to act or grant a hearing after a complaint or FIR:

1. Sakiri Vasu v. State of Uttar Pradesh (2007)

Facts:
The petitioner complained that the police were not registering his FIR or investigating his allegations. He sought directions from the court for police action.

Held:
In the case of Sakiri Vasu v. State of Uttar Pradesh (2007) Supreme Court held that if the police refuse to register an FIR or investigate, the complainant can approach the Magistrate under Section 156(3) of the CrPC, who can then order the police to register the FIR and investigate the matter. This remedy ensures judicial oversight over police inaction.

2. Kalpana Kutty v. State of Maharashtra

Facts:
The petitioner was aggrieved by the inaction of police officials in registering her FIR and sought judicial intervention.

Held:
In the case of Kalpana Kutty v. State of Maharashtra, the Supreme Court stated that if a person is aggrieved by police inaction in registering an FIR, the modalities under Section 190 read with Section 200 CrPC should be adopted. This means the aggrieved person can approach the Magistrate, who can take cognizance and direct the police to act.

3. Dilawar Singh v. State of Delhi (2007)

Facts:
The petitioner alleged that the police were not investigating his complaint properly and sought court intervention.

Held:
In the case of Dilawar Singh v. State of Delhi (2007) Supreme Court observed that courts can call for a report from the police and, if unsatisfied with the police action, can issue appropriate directions to ensure a fair investigation. This provides an additional remedy for complainants facing police inaction.

Conclusion

Police inaction is a serious barrier to justice, but Indian law empowers citizens with multiple remedies to fight against such silence or delay. Whether it’s the refusal to register an FIR, failure to investigate, or deliberate avoidance, you are not without options.

From escalating your complaint to senior officers, to seeking relief through the courts under Sections 173,175 BNS, or even filing a writ petition under Article 226, the legal system offers clear routes to enforce accountability. Additionally, bodies like the Human Rights Commission, Women’s Commission, and online portals like CPGRAMS are available for further grievance redressal.

Landmark judgments by the Supreme Court have consistently reinforced that the right to fair investigation and timely police action is a fundamental part of Article 21 — the right to life and liberty. If your voice is being ignored, take action — legally, firmly, and with proper documentation.

Justice delayed should never be justice denied. Know your rights, use the remedies available, and don’t hesitate to consult a legal professional when necessary. You have the law on your side.

Frequently Asked Questions (FAQs)

Here are some commonly asked questions that can help you better understand how to respond when your complaint is being ignored:

Q1. What should I do if the police refuse to register my FIR?

You can escalate the matter by filing a complaint with the Superintendent of Police under Section 173 BNS. If that doesn’t help, you can approach the Magistrate under Section 175 BNS, who can direct the police to register the FIR and begin an investigation.

Q2. Can I file an FIR at a police station that is outside the jurisdiction where the crime happened?

Yes. You can file a Zero FIR at any police station, regardless of jurisdiction. The police are legally bound to register it and then transfer it to the appropriate station. This is particularly useful in urgent cases like rape, abduction, or assault.

Q3. How long should I wait before escalating my complaint?

If there is no action or communication within a reasonable time (usually 1–2 weeks for basic complaints or sooner in urgent cases), you should escalate to higher authorities like the ACP, DCP, or SP. Always maintain written proof of your complaint and follow-ups.

Q4. Is there a way to complain online if police don’t respond?

Yes. You can file complaints through online portals like:

• CPGRAMS – https://pgportal.gov.in
• State Police Websites (many have online FIR or complaint systems)
• National Police Complaint Portal – https://www.nationalhelpline.in

Disclaimer: The information provided here is for general informational purposes only and should not be considered legal advice. Cheque bounce cases may involve both civil and criminal proceedings under Indian laws. For case-specific guidance, especially on the criminal aspects, we recommend consulting a qualified lawyer.