Find a Lawyer · Criminal
How to File a Police Complaint or FIR in India (and When to Get a Lawyer)
If you have been cheated, robbed, threatened, assaulted or harassed, you have the right to go to the police and have your complaint recorded. For a serious offence the police must register an FIR, and filing one is free. This guide explains how to file a police complaint and an FIR step by step, what to do if the police refuse, the free help available, and when a criminal lawyer is worth it.
- FIR is free: no fee is payable to file a police complaint or an FIR.
- Cognizable offence: the police must register an FIR and investigate (theft, cheating, assault, dowry, and more).
- Zero FIR: any police station must record it even if the offence happened elsewhere, then transfer it.
- Free copy: you are entitled to a free copy of the FIR; keep the FIR number.
- If refused: write to the SP, apply to the Magistrate, or file a private criminal complaint.
- Free help: DLSA / NALSA legal aid for those who qualify, before any paid option.
01Police complaint vs FIR: what is the difference
People use "police complaint", "FIR" and "criminal complaint" loosely, but they are not the same thing. Knowing the difference saves you time.
An FIR (First Information Report) is the formal record the police must write down when they receive information about a serious, "cognizable" offence, one where the police can investigate and arrest without first going to a court. Theft, robbery, cheating, assault, dowry harassment and rape are cognizable. Once an FIR is registered, the police are bound to investigate.
A police complaint is any information you give the police. For a less serious, "non-cognizable" offence (like simple abuse or a minor quarrel) the police record it in a register and usually need a court order before investigating. For a cognizable offence, your police complaint must be turned into an FIR.
A criminal complaint in the strict sense is a complaint you make directly to a Magistrate in court, which is a route you can use if the police do not act. More on that below.
A Zero FIR can be filed anywhere
If the offence happened in another area, the police station you walk into cannot turn you away. They must register a Zero FIR and then transfer it to the correct police station. This matters most in urgent cases, so no time is lost.
02Step by step: how to file an FIR
India's criminal law changed in 2024. The Code of Criminal Procedure was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs how a police complaint and an FIR are recorded. The practical steps are these.
1. Go to the police station
Go to the police station that has jurisdiction over the place where the offence happened. If it is urgent or you are far away, go to the nearest station and insist on a Zero FIR.
2. Give your information clearly
Tell the officer what happened, when, where, and who was involved, in plain sequence. You can give it orally and the officer will write it down, or hand over a written police complaint. Stick to facts you know.
3. Read it before you sign
The FIR is read over to you. Read it (or have it read) carefully and make sure your version is recorded correctly before you sign. Do not sign a blank or incomplete page.
4. Take your free copy
You are entitled to a free copy of the FIR. Keep it safe; you will need the FIR number for everything that follows. For many offences you can also start the process online through your state police e-FIR or citizen portal, though you may be asked to visit the station to complete it.
An FIR is free. No police officer can ask you for money to register a police complaint or an FIR.
03If the police refuse to register your FIR
Sometimes a police station delays or refuses to register an FIR for a cognizable offence. You have clear remedies, and you should use them in order.
- Send it in writing to the Superintendent of Police. Put the same information in a written complaint and send it by post or email to the SP (or Deputy Commissioner of Police in a city). If the SP is satisfied a cognizable offence is disclosed, the police are directed to investigate.
- Approach the Magistrate. You can file an application before the local Judicial Magistrate asking the court to direct the police to register the FIR and investigate. This is a commonly used and effective route.
- File a private criminal complaint. You can make a criminal complaint directly to the Magistrate, who can examine you and take the matter forward without waiting for the police.
- Approach the High Court. In a serious case where nothing else works, a writ petition in the High Court is possible, usually with a lawyer's help.
At this stage a lawyer is genuinely useful, because the Magistrate application and the private criminal complaint have to be drafted properly to work.
04Cost and free legal help
Filing a police complaint or an FIR is free. No fee is payable to the police. Costs only come in if you hire a lawyer for the steps that follow.
Lawyer fee, if you use one
A criminal lawyer's fee varies widely by city, seniority and the stage of the matter. Drafting a Magistrate application or a private criminal complaint is at the lower end; appearing through an investigation, a bail application or a trial costs more; senior counsel cost considerably more again. These are only typical ranges, not fixed figures, so confirm the fee with the lawyer in writing before you start. For how seniority drives fees at the top end, see what senior advocates charge.
Free legal aid
Free legal aid is a right for those who qualify, including women, children, SC and ST members, people with disabilities, victims of trafficking, and anyone below an income limit. Contact your District Legal Services Authority (DLSA) or State Legal Services Authority under NALSA. They can advise you and provide a lawyer at no cost, including for a victim pursuing a criminal complaint.
No one can promise an outcome
A lawyer can draft your complaint well, push the investigation and argue your case, but no one can guarantee an arrest, a conviction or any particular result. Be cautious of anyone who promises one.
05When you need a lawyer
You do not need a lawyer just to walk into a police station and file a police complaint or an FIR. It is worth getting one when:
- The police refuse to register your FIR and you need a Magistrate application or a private criminal complaint drafted.
- The matter is serious (cheating of a large amount, assault, dowry, sexual offences) and will go to trial.
- You have been falsely named in an FIR and need anticipatory bail or to get the FIR quashed.
- You are a victim who wants to be properly represented through the investigation and trial.
- The other side already has a lawyer and you are at a disadvantage without one.
Choose a lawyer who regularly does criminal work in the right court, not a generalist. Ask how many matters like yours they handle, the likely timeline, and exactly what the fee covers. Always confirm the person is an enrolled advocate with the State Bar Council; a good-looking profile is not proof of enrolment.
06How Claw helps you find the right lawyer
Once a police complaint or FIR turns into something that needs a court application, bail, or a defence, you need a criminal lawyer who actually practises in the right court and whose credentials are genuine. Finding that person quickly is the hard part. This is where Claw helps.
Claw Find a Lawyer connects you with a verified, independent advocate for your matter. You describe the issue in a short guided chat, and Claw matches you with a lawyer who handles criminal matters, in your state or city where possible, for an online or in-person consultation. There are two ways in: a free basic request, or a Rs 99 priority request for faster, prioritised matching.
Claw does not employ the lawyer and is not your advocate; it connects you with an independent advocate who practises on their own. The professional fee for your case is paid directly to that advocate, and under Bar Council of India rules (Rule 36) Claw does not share in it. Claw is a technology platform that helps you find and reach the right lawyer; it does not give legal advice.
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals. That same verification and matching capability is what sits behind Claw Find a Lawyer, so the advocate you are connected with is a real, enrolled practitioner for your kind of matter.
07Frequently asked questions
What is the difference between a police complaint and an FIR?
A police complaint is any information you give the police. An FIR (First Information Report) is the formal record the police must make for a serious, cognizable offence, which binds them to investigate. For a cognizable offence your police complaint must be turned into an FIR. A criminal complaint in the strict sense is one made directly to a Magistrate in court.
Is there any fee to file an FIR in India?
No. Filing a police complaint or an FIR is completely free, and you are entitled to a free copy of the FIR. No officer can ask you for money to register it. Costs only arise later if you choose to hire a lawyer for a court application, bail or trial.
What can I do if the police refuse to register my FIR?
First send the same information in writing to the Superintendent of Police. If that does not work, apply to the local Judicial Magistrate to direct the police to register and investigate, or file a private criminal complaint directly before the Magistrate. In a serious case a High Court writ petition is also possible. A lawyer helps draft these properly.
Can I file an FIR online?
For many offences you can start the process through your state police e-FIR or citizen portal, and in some cases lodge a complaint fully online. For a serious cognizable offence you are often asked to visit the station to complete and sign the FIR. A Zero FIR can be registered at any police station if the offence happened elsewhere.
Do I need a lawyer to file a police complaint?
No. You can file a police complaint or an FIR yourself. A lawyer becomes worth it when the police refuse and you need a Magistrate application or private criminal complaint, when the matter is serious and heading to trial, when you are falsely named and need anticipatory bail or quashing, or when you want proper representation as a victim.
What if I cannot afford a criminal lawyer?
Free legal aid is available through your District Legal Services Authority (DLSA) and the State Legal Services Authority under NALSA, for those who qualify, including women, children, SC/ST members, people with disabilities, trafficking victims and those below an income limit. They can advise you and provide a lawyer at no cost.