How to File an FIR in Mumbai (and What to Do If the Police Refuse)

A mother came to me last year -her daughter had been harassed over months by a neighbour. She had gone to the local police station three times. Three times they told her, "Madam, this is a small matter, sort it out at home." The fourth time, they told her to come back with "more proof." By then the harassment had escalated to physical assault. When she finally reached me, the first thing I did was not file a court case. It was to get her FIR registered -because without an FIR, the police are not legally investigating anything, and the accused knows it.

This is how most FIR refusals happen in Mumbai. Not a dramatic rejection, but a soft brush-off that exhausts the complainant until they give up. If that is happening to you or your family, this article is for you. I am going to walk you through exactly how to file an FIR in Mumbai, what your legal rights are, and what to do when the police refuse.

First, Understand What an FIR Actually Is

FIR stands for First Information Report. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 -which replaced Section 154 of the old CrPC -when information is given to a police officer about the commission of a cognizable offence, that officer is required to reduce it to writing, read it back to the informant, get their signature, and register it as an FIR.

Two things follow from this, both of which matter:

• An FIR can only be registered for a cognizable offence -a category that includes serious offences like theft, assault, cheating, POCSO offences, rape, murder, and most offences under the IPC/BNS where the police can arrest without a warrant. Non-cognizable offences (like simple defamation or minor hurt) go into an NC complaint, not an FIR.
• Once a cognizable offence is disclosed, the police have no discretion. The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh made this absolutely clear: registration of an FIR is mandatory. The police cannot conduct a "preliminary enquiry" to decide whether the offence seems genuine, except in a narrow class of cases like matrimonial disputes and commercial offences where a short enquiry is permitted before registration.

How to File an FIR in Mumbai: The Step-by-Step

1. Go to the police station with territorial jurisdiction -the one where the offence occurred. In Mumbai, this is usually the nearest police station to where the incident took place. If you are not sure, go to any police station; they will direct you, and in an urgent matter, they are required to register a "Zero FIR" regardless of jurisdiction (more on that below).
2. Ask to meet the Duty Officer or the Senior Police Inspector (SPI). Explain that you want to lodge an FIR. Avoid starting with "I want to file a complaint" -in police station language, "complaint" can be interpreted as a non-cognizable application. Say the words: "I want to register an FIR about a cognizable offence."
3. Narrate the incident in chronological order. Date, time, place, what happened, who was involved, who witnessed it. Do not exaggerate and do not leave out details because you think they sound small. Every concrete fact -a specific date, a CCTV location, a witness name -makes the FIR stronger.
4. The officer will write the FIR in the station writer's copy and in the Crime Branch software (CCTNS). Ask them to read it back to you. Read it yourself if you can. Do not sign anything that differs from what you said.
5. Get a free copy of the FIR immediately. Under Section 173(2) BNSS, you are entitled to a free copy. This is not optional. If they ask you to come back later, insist -or wait at the station until it is handed over.
6. Note down the FIR number, the section(s) of law applied, and the name of the Investigating Officer. You will need all three repeatedly over the coming weeks.

The Zero FIR -Know This, It Saves Time

A Zero FIR is an FIR that can be registered at any police station, regardless of whether the offence occurred within that station's jurisdiction. Once registered, it is given "Zero" as the serial number and then transferred to the police station that does have jurisdiction. The Supreme Court and the Ministry of Home Affairs have repeatedly clarified that police cannot refuse an FIR on the ground of jurisdiction.

This matters most in two situations: (a) serious offences where every minute counts -sexual assault, kidnapping, missing children -and (b) cases where the jurisdictional police station is uncooperative and a neighbouring station is more responsive. If anyone tells you "this is not our jurisdiction, go elsewhere," remind them of the Zero FIR provision. If they still refuse, you have escalated remedies (below).

E-FIR and Online Options in Mumbai

Mumbai Police accept certain categories of complaints online through the Maharashtra Police Citizen Portal and the Mumbai Police website. Currently, online FIRs are most useful for offences like lost documents, lost mobile phones, and certain property offences where the identity of the accused is unknown. Serious offences involving identifiable accused persons still generally require an in-person FIR, though this is evolving. Always keep the acknowledgement screen or email of any online registration.

When the Police Refuse: Your Escalation Ladder

If the police refuse to register your FIR, do not argue at the counter and leave frustrated. Follow this ladder, in order, and document every step.

Step 1: Send a Written Complaint to the SP / DCP

Under Section 173(4) BNSS, if the officer-in-charge refuses to record the information, you may send a written complaint to the Superintendent of Police (or in Mumbai, the Deputy Commissioner of Police of the zone). Send it by registered post with acknowledgement due, or deliver it in person and get a receipt stamp. Include copies of any evidence. If the DCP is satisfied that a cognizable offence is disclosed, they will either investigate themselves or direct the concerned police station to register the FIR.

In my experience, this step alone resolves a significant proportion of refusal cases, because the DCP's office does not want the escalation and will simply direct the station to comply.

Step 2: Magistrate's Complaint Under Section 175(3) BNSS

If the DCP does not act, the next step is a complaint to the jurisdictional Magistrate under Section 175(3) BNSS (earlier Section 156(3) CrPC). You file a written complaint before the Metropolitan Magistrate, attach your earlier written complaints to the police and the DCP, and pray that the Magistrate direct the police to register an FIR and investigate.

The Magistrate, if satisfied, will issue a directed order -and the police then have no choice. This is the most effective formal remedy, and it is one I use regularly. It requires proper drafting, because a vague or poorly presented application will be dismissed.

Step 3: Writ Petition Before the Bombay High Court

In exceptional cases -where the matter is urgent, where there is evidence of deliberate protection of the accused, or where the Magistrate's remedy is ineffective -a writ petition under Article 226 of the Constitution can be filed before the Bombay High Court seeking directions. This is a heavier remedy and is usually reserved for serious matters, but it is extremely effective when used appropriately.

Common Mistakes That Weaken an FIR

1. Delay in reporting without explanation. If there is a gap between the incident and the FIR, explain it. Trauma, attempts at compromise, fear of retaliation -courts accept these reasons, but only if they are on record from day one.
2. Writing vague allegations. "He troubled me a lot" is a weak FIR. "On [date], at [time], at [place], he did [specific act] in the presence of [witness]" is a strong FIR.
3. Leaving out witnesses. Name witnesses by name and address if known. Witnesses added much later always face credibility questions.
4. Not preserving evidence before filing. Screenshots, CCTV footage requests, medical examinations -do these simultaneously or before the FIR, not after.
5. Accepting a "station diary entry" instead of an FIR. These are not the same thing. A station diary entry is not an FIR and does not trigger an investigation. Do not leave the station with just that.

What Happens After the FIR Is Registered

Once the FIR is registered, the investigation begins. The police may record your statement again under Section 180 BNSS, visit the scene, collect evidence, and record statements of witnesses. The Investigating Officer will, if required, arrest the accused -though arrest is not automatic and is governed by separate rules. After investigation, they will file either a charge-sheet (if enough evidence) or a closure report (if not).

You, as the complainant, have rights throughout this process: the right to be informed of the progress of investigation, the right to a copy of the charge-sheet, and the right to be heard if a closure report is filed. A lawyer on your side at this stage is not a luxury -it is often what ensures the investigation does not quietly fade away.