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What Can You Do If Police Refuse to Record an FIR?

When information discloses a cognizable offence, section 154 requires the police to record it through the statutory process. If the police refuse, the complainant should create a clear written record of the attempted complaint and may approach the competent Judicial Magistrate.

Bangladesh’s procedure should not be confused with Indian statutory provisions commonly discussed online. The Bangladeshi Code does not contain the same express section 154(3) mechanism or a codified nationwide “Zero FIR” rule.

Confirm that the allegation is cognizable

The first question is whether the facts disclose a cognizable offence. A cognizable offence is one for which police may arrest without warrant under Schedule II or another applicable law.

The complainant should not determine this solely from internet summaries. Classification can be changed by amendments, and special statutes may contain their own rules.

If the allegation concerns only a non-cognizable offence, section 155 applies. Police record the information and refer the informant to a Magistrate, and they require a Magistrate’s order before investigating.

If the dispute is purely civil, such as a contractual disagreement without deception or another criminal element, police may lawfully decline to convert it into a criminal case.

The duty under section 154

Where the reported facts relate to a cognizable offence, section 154 requires oral information to be reduced to writing, read over to the informant, signed and entered in the prescribed record.

Police may assess the information and investigate its truth. Registration of the information does not mean the allegation has been proved.

The officer should not refuse solely because the accused person is influential, because the complainant lives abroad or because the officer believes conviction will be difficult.

Create a documentary record

The complainant should prepare a concise written complaint containing the incident, relevant dates, known witnesses and available evidence. It should clearly request registration and investigation under the Code where the facts disclose a cognizable offence.

Submit it through a method that creates proof of delivery. This may include personal receipt, registered post, an official email channel where available or the Online GD complaint portal.

The complainant should record the name and designation of the officer, date and time of attendance and any reason given for refusal. Secretly recording conversations may raise separate evidentiary or privacy questions and should not be treated as a substitute for a written complaint.

Administrative escalation

A complainant may send a copy to the relevant senior police authority, such as the Superintendent of Police in a district or the responsible metropolitan police authority.

This is a practical administrative escalation. It should not be described as the exact equivalent of section 154(3) of the Indian Code of Criminal Procedure. Bangladesh’s current section 154 does not contain that same express statutory subsection.

The complaint should remain factual and should attach proof that the officer in charge was first approached.

Approaching the Judicial Magistrate

Section 190 authorises specified Magistrates to take cognizance of an offence upon receiving a complaint of facts constituting the offence, upon a police report or upon information from another person or the Magistrate’s own knowledge, subject to the Code.

Under section 200, a Magistrate taking cognizance upon complaint ordinarily examines the complainant and any witnesses present on oath. The substance of the examination is recorded and signed, subject to the statutory exceptions.

A complainant may therefore file a complaint case before the competent Judicial Magistrate. The petition should attach the complaint submitted to police, proof of delivery, supporting documents and the names of available witnesses.

Investigation under section 156(3)

Section 156(3) allows a Magistrate empowered under section 190 to order the police investigation contemplated by section 156.

This is generally understood as a pre-cognizance investigative route. The Magistrate may direct police to investigate rather than immediately proceeding with the complaint as a complaint case.

The complainant does not have an automatic right to dictate which course the Magistrate must select. The Magistrate examines the allegations and statutory requirements.

Inquiry under section 202

After taking cognizance and examining the complainant where required, the Magistrate may postpone issuing process and conduct an inquiry personally or direct an investigation for the limited purpose of deciding whether sufficient grounds exist to proceed.

An inquiry or investigation under section 202 should not be confused with a pre-cognizance order under section 156(3). The stages and legal purposes differ.

Following the inquiry, the Magistrate may dismiss the complaint under section 203 if there is insufficient ground to proceed, or issue process if the legal requirements are met.

What a non-resident complainant should do

A person living abroad should retain a Bangladeshi criminal-law advocate before filing a complaint case. Section 200 may require examination of the complainant, and it should not be assumed that a power of attorney holder can replace the complainant’s oath in every case.

Current court practice concerning video examination, foreign affidavits and representation should be confirmed with the particular court. Ain.bd should not present remote participation as an automatic entitlement without a specific court order or governing rule.

The non-resident complainant should prepare passport and travel records, foreign contact details and an explanation of how the person obtained knowledge of the offence. Documents executed abroad may require authentication depending on their nature and intended use.

When urgent protection is needed

Where there is an immediate threat to life, physical safety or destruction of evidence, the complainant should state the urgency expressly and contact the relevant emergency or police authority.

Section 149 imposes a duty on police officers to prevent cognizable offences to the best of their ability.

A complaint about a threatened offence and a complaint about an offence already committed may require different immediate steps.

Common mistakes

Common mistakes include copying Indian remedies and section numbers into a Bangladeshi application, filing a Magistrate complaint without proof that police were approached and concealing the civil background of a commercial or family dispute.

Another mistake is filing multiple inconsistent complaints. Any correction should explain the earlier error rather than silently changing the allegations.

See also FIR in Bangladesh: How to Report a Cognizable Offence and What Happens Next and Cognizable and Non-Cognizable Offences: Police Powers and Court Procedure.

Law updated as of 13 July 2026.

Primary sources: Code of Criminal Procedure, 1898, sections 149, 154, 155, 156, 190, 200, 202 and 203; Schedule II to the Code; Bangladesh Police Online GD portal.

Legal-information disclaimer: This article provides general legal information, not legal advice. The appropriate remedy depends on the offence, jurisdiction, evidence and procedural stage. Consult a licensed Bangladeshi criminal-law advocate before filing a Magistrate complaint.