rti-for-fir-status
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| + | ====== FIR Not Registered? RTI to Police for Complaint-Register Record ====== | ||
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| + | <WRAP center round tip 95%> | ||
| + | **Need help drafting this RTI?** Use our free **[[: | ||
| + | </ | ||
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| + | <WRAP info> | ||
| + | **In one line.** Every written complaint received at a police station must be entered in the **General Diary** (also called Daily Diary / Station Diary). When the police refuse to register an FIR despite a cognizable offence, RTI extracts the diary entry and forces the SHO / senior officers to record their decision. | ||
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| + | **What that means.** In //Lalita Kumari v. UP// (2014) 2 SCC 1, the Supreme Court held that registration of FIR is mandatory when a cognizable offence is disclosed; any refusal must be in writing with reasons. RTI extracts that writing. | ||
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| + | ===== What is the problem ===== | ||
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| + | Common obstructions: | ||
| + | * **SHO refusing to register FIR** citing "civil matter" | ||
| + | * **FIR registered but investigation not progressed.** | ||
| + | * **Zero FIR** filed at one station; actual FIR at jurisdictional station not issued. | ||
| + | * **Closure report (Final Report) under Section 173 BNSS** filed without intimation. | ||
| + | * **Complaint marked " | ||
| + | * **NCR (Non-Cognizable Report) filed instead of FIR.** | ||
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| + | ===== When to use RTI ===== | ||
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| + | * Complaint submitted at the police station but no FIR or NCR given. | ||
| + | * FIR registered but investigation stalled >90 days. | ||
| + | * Zero FIR filed but jurisdictional station says "not received" | ||
| + | * Case closed (B-Final / A-Final) without informing the complainant. | ||
| + | * Complaint converted to NCR and you believe it is cognizable. | ||
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| + | ===== What you can ask ===== | ||
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| + | * Daily Diary / General Diary entry number and date. | ||
| + | * Name, designation, | ||
| + | * Decision of the SHO on registration — in writing. | ||
| + | * FIR number (if registered) + investigating officer. | ||
| + | * Status of investigation — which witnesses examined, which sections added. | ||
| + | * If closed, the closure report + Magistrate' | ||
| + | * Zero-FIR transmission record (if applicable). | ||
| + | * Compliance with //Lalita Kumari// on registration. | ||
| + | |||
| + | ===== Step-by-step RTI filing ===== | ||
| + | |||
| + | ==== Where to file ==== | ||
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| + | * **State RTI portal** → Home Department / Police Department. | ||
| + | * OR postal: **Public Information Officer, Office of the Commissioner of Police / Superintendent of Police, [City/ | ||
| + | * Copy to the jurisdictional **Zonal DCP / SDPO** for pressure. | ||
| + | |||
| + | ==== Fees ==== | ||
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| + | Rs. 10 central portal; state fees vary Rs. 10–50. Free for BPL. | ||
| + | |||
| + | ===== Sample RTI application ===== | ||
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| + | < | ||
| + | To, | ||
| + | The Public Information Officer, | ||
| + | Office of the Commissioner of Police / Superintendent of Police, | ||
| + | [City / District], [State] | ||
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| + | Subject: Information under Section 6(1) of the RTI Act, 2005, regarding my complaint / FIR. | ||
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| + | Sir/Madam, | ||
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| + | I, [Name], resident of [Full Address], submit: | ||
| + | |||
| + | Date of complaint: ________ | ||
| + | Police Station: ________ | ||
| + | Duty Officer met: ________ | ||
| + | Nature of offence alleged: ________ | ||
| + | FIR / NCR number (if any): ________ | ||
| + | Zero-FIR station, if any: ________ | ||
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| + | Please provide: | ||
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| + | 1. Certified copy of the Daily Diary / General Diary entry at [Police Station] on DD-MM-YYYY corresponding to my complaint. | ||
| + | 2. Name, designation, | ||
| + | 3. SHO's decision on registration of FIR — in writing, as required by //Lalita Kumari v. UP// (2014) 2 SCC 1. | ||
| + | 4. FIR number (if registered), | ||
| + | 5. Current status of investigation — witnesses examined, scene-of-crime record, any arrests, sections added. | ||
| + | 6. If the matter has been classified NCR, the written reasoning and the Magistrate' | ||
| + | 7. If a Zero FIR was registered, date of transmission to the jurisdictional station and acknowledgement. | ||
| + | 8. If the case has been closed, certified copy of the Final Report under Section 173 of the BNSS, 2023, and the Magistrate' | ||
| + | 9. Procedure for escalation if no action has been taken. | ||
| + | 10. Grievance officer / First Appellate Authority contact. | ||
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| + | I enclose Indian Postal Order / Challan No. __________ for Rs. _____. | ||
| + | I declare I am an Indian citizen. | ||
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| + | Yours faithfully, | ||
| + | [Signature, Date, Place] | ||
| + | </ | ||
| + | |||
| + | ===== 10 RTI questions ===== | ||
| + | |||
| + | - Daily Diary entry copy. | ||
| + | - Duty Officer identity. | ||
| + | - SHO's written decision. | ||
| + | - FIR number + IO name. | ||
| + | - Investigation status. | ||
| + | - NCR reasoning if applicable. | ||
| + | - Zero-FIR transmission. | ||
| + | - Closure report copy. | ||
| + | - Escalation procedure. | ||
| + | - FAA contact. | ||
| + | |||
| + | ===== What happens next ===== | ||
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| + | * **Day 0–10** RTI routed; DCP/SP office pulls station records. | ||
| + | * **Day 10–25** Many delayed-registration cases see FIR registered during this window. | ||
| + | * **Day 30** Written reply. | ||
| + | * **Day 30+** First Appeal to **Inspector General / Commissioner**; | ||
| + | * **Day 90+** Second Appeal to SIC. | ||
| + | |||
| + | ===== Common mistakes ===== | ||
| + | |||
| + | * Writing the complaint narrative in the RTI — the RTI is for records, not for reopening facts. | ||
| + | * Asking "why no FIR" — rhetorical; ask for the Daily Diary entry. | ||
| + | * Not citing //Lalita Kumari// — it's the enforceable SC authority. | ||
| + | * Missing the Magistrate route under **Section 175(3) BNSS** (formerly Section 156(3) CrPC). | ||
| + | |||
| + | ===== Pro tips ===== | ||
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| + | * **Always keep an acknowledgement** of the complaint submission — photograph of it if handed over, Speed Post receipt otherwise. | ||
| + | * **Parallel Magistrate' | ||
| + | * **Copy to Human Rights Commission** (state or NHRC) if the refusal involves a cognizable offence against a vulnerable person. | ||
| + | * **Women-specific crimes** — Section 173 BNSS mandates immediate registration; | ||
| + | * **For cyber-crime**, | ||
| + | |||
| + | ===== FAQs ===== | ||
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| + | **Q1. Can an investigating officer be named under §24 exemption? | ||
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| + | **Q2. Is a Section 173 BNSS Final Report public?**\\ Once filed in court, yes. Before filing, Section 8(1)(h) may apply. | ||
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| + | **Q3. Can I get copies of witness statements? | ||
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| + | **Q4. What if the station refuses to acknowledge my complaint? | ||
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| + | ===== Conclusion ===== | ||
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| + | An unregistered FIR is often a fixable administrative issue. RTI surfaces the Daily Diary — the truest record of what the police received — and the SHO's written decision. With both on paper, the Magistrate, the Commissioner, | ||
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| + | ===== Related reading ===== | ||
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| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | * Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Sections 173, 175(3) | ||
| + | * //Lalita Kumari v. UP//, (2014) 2 SCC 1 | ||
| + | * State Police Manuals | ||
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| + | ---- | ||
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| + | //Last reviewed: 21 April 2026.// | ||
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| + | {{tag> | ||
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rti-for-fir-status.txt · Last modified: by 127.0.0.1
