If you are reporting a cognisable crime and Police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP), the Deputy Inspector General (DIG) or the Inspector General of Police (IGP). You can also complain to the nearest Judicial Magistrate, who will order the police to register the FIR if deemed necessary.
Under Section 156 Clause 3, If police doesnot register case, you can go to judge and say you have a cognizable offence, which police has refused to take an FIR. So that, Judge will direct police to do the investigation. But judge will confirm 3 things.
- Is this Offence cognizable or not? Only if congnizable then Judge will move further.
- Did you gave a written complaint to police? And you should be having an acknowledgement (Email or Speed post or other provable form).
- Did you reach out to Higher officials? And request Higher officials to take an action.
If above three are done by you, And even Polics hasn't taken a FIR, then Judge will proceed under Section 156 Clause 3 and Direct Police to take some action, if needed investigation.
Practically speaking...
If today an offense is committed, go and submit an FIR and get an acknowledgement.. if you don't get an acknowledgement, send via speed post or Email.
If no response or action..
Second day, send copy of FIR and acknowledgement to DCP via post or email.. (acknowledgement will be email in case FIR is not registered)
If no response, or you were avoided to talk to Higher offcials (means no response).
Third day, Go to magistrate and file an application under Section 156 Clause 3, Judge will direct police to take an action.
And again Practically,
Judge will more likely not proceed with 156 Clause 3, Instead Judge will ask for your testimony with Oath in regards of the offence under Section 200 CRPC, And if needed will direct police to do investigation (most likely not).
But, You should be able to explain the Judge, Please proceed with Section 156 Clause 3, so that accused will be brought under custody and issue can be sorted quickly.
