Criminal Law & FIR · Karnataka

Filing an FIR in Karnataka: Rights, Remedies, and What to Do When Police Refuse

The First Information Report is the gateway to criminal justice in India. Understanding how to file one — and what to do if your complaint is rejected — is a practical necessity for every citizen.

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaced the Code of Criminal Procedure from July 1, 2024 — a police officer in charge of a police station is legally obligated to register an FIR when a cognisable offence is disclosed. Cognisable offences include theft, assault, cheating, kidnapping, and rape — offences where police have the power to arrest without a warrant.

Can police refuse to file an FIR?

No. The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) held that registration of an FIR is mandatory upon receipt of information disclosing a cognisable offence. Police have no discretion to conduct a preliminary inquiry before registration, except in a narrow set of cases — matrimonial disputes, commercial disputes, or medical negligence — where a preliminary inquiry of up to 7 days is permitted.

Remedies when Karnataka police refuse to file an FIR

Send your complaint by post to the Superintendent of Police (SP) of the district — registration becomes mandatory upon receipt
File a complaint before the nearest Judicial Magistrate under Section 175 BNSS — the magistrate can direct police to register and investigate
File a complaint with the Karnataka State Police Complaints Authority
Lodge a complaint on the KSPEMS portal (Karnataka State Police e-Management System)

Zero FIR: an important provision

A Zero FIR can be lodged at any police station irrespective of jurisdiction. This is particularly important in cases of sexual offences, as the Bharatiya Nyaya Sanhita (BNS), 2023 specifically provides that a victim of rape can file an FIR at any police station. The Zero FIR is then transferred to the jurisdictional police station for investigation — preventing a complainant from being turned away on jurisdictional grounds at a moment of crisis.

“The law does not allow a police officer to assess whether a complaint is strong enough before registering it. That determination belongs to the investigation and the trial — not the front desk.”

Cybercrime FIRs in Karnataka

Karnataka has a dedicated Cyber Crime Police Station in Bengaluru and nodal officers at the district level for cybercrime complaints. Online fraud, identity theft, and social media harassment cases can also be reported at cybercrime.gov.in, the national portal with mandatory forwarding to local police. Karnataka’s CID Cyber Crime unit handles sensitive cases including financial fraud and hacking complaints.

This article is for general information only and does not constitute legal advice. For advice specific to your matter, consult a qualified advocate registered with the Bar Council of Karnataka. — Subhash Chandra Bose & Co., Advocates, Bangalore.