The Criminal Procedure Code (CrPC), section 154, 1973, lays forth the procedures for filing an FIR. In the Lalita Kumari case, the Constitution Bench decided that filing an FIR is a mandatory action required under Section 154 of the Code.

• The police must write down information regarding the commission of a cognizable offence that is delivered orally.
• As an individual filing a complaint or providing information, you have the right to have the information documented by the police read to you.
• Once the police have recorded the information, it must be signed by the person giving the information.
• You should only sign the report after confirming that the information recorded by the police matches the information you provided.
• Individuals who are incapable of reading or writing must stamp the document with their left thumb after ensuring accuracy.
• Always request a copy of the FIR should the police do not provide it. It is your right to get it for free.

Suppose the local police station doesn’t register FIR or misbehaves with you. In that situation, you can meet with the Superintendent of Police or other higher-ranking officers, such as the Deputy Inspector General (DIG) and the Inspector General of Police, to file a complaint.

• You can send a written complaint and post it to the Superintendent of Police concerned. If the Superintendent of Police is content with your complaint, he shall either conduct an inquiry of the case himself or order an inquiry to be made.
• You can submit a private complaint before the court has jurisdiction.
• If the police fail to enforce the law or do so in a discriminatory and corrupt manner, you can make a complaint with the State Human Rights Commission or the National Human Rights Commission.
• In Ramdev Food Products Private Limited v. the State of Gujarat, a three-Judge Bench, while exercising power u/s 156(3), CrPC held that the direction given under Section 156(3) must be issued after application of mind by the Magistrate. Cases in which Magistrate has yet to determine “the existence of sufficient ground to continue”.
• The Supreme Court decided in Suresh Chandra Jain v. State of Madhya Pradesh and Others that the police station’s officer-in-charge must register the FIR.
• In the Aleque Padamsee & Ors vs Union of India, the Supreme Court held that police must take action even if all information has been submitted to them. The complaint can be filed before the Magistrate of the offence under Section 190, read with Sec. 200 of the Code, and the Magistrate is required to investigate the complaint ahead of time.

*Failure in the lodging of FIR by public servants in certain cases is punishable under section 166A (c) of IPC. For this failure, the minimum punishment is six months rigorous imprisonment, and the maximum punishment is 2 yrs. Section 166A was inserted by the Criminal Law (Amendment) Act 2013.