You can take the following steps if the police officer refuses to file your FIR:
- If a Police Officer does not accept your complaint then you can write down your complaint and send it to the Superintendent of Police. If the Superintendent feels that there is merit in your case, then they can appoint Police personnel to start an investigation for your complaint.
- Take the help of a lawyer while going to the police station. This is useful as lawyers will be able to advocate on your behalf and the possibility of harassment you may face from police officers will be less.
- Go to another police station nearby to file the FIR. This is known as Zero FIR. You can file an FIR at any police station and the police officers have to mandatorily record the information given, and then transfer it to the police station in whose area/jurisdiction the offence took place.
- Request someone else to file the FIR on your behalf. You can give this person details of the violence/harassment that you have faced so they can file the FIR on your behalf.
- Approach the District/Judicial Magistrate directly to file a ‘private complaint’, but only after going to the police. To understand more on this information, consult a lawyer in the District Court.
It is mandatory for the police to register an FIR when you go to them to complain. If they do refuse, you can send a written complaint to the Superintendent of Police of your area or the Judicial Magistrate. They may order the Police to conduct an investigation of the case.You also have the option to report it.
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