Pakistan legal guide
What to Do if Police Refuse to Register an FIR in Pakistan
Educational guidance on FIR refusal in Pakistan, possible complaint paths, and how Wakeel.org can help you understand next steps.
Legal safety note
Wakeel.org provides legal information and research support. It does not provide final legal advice, does not guarantee outcomes, and does not replace consultation with a licensed advocate.
Read the full disclaimerThe problem
If police do not register an FIR, people often feel stuck because the process, complaint options, and required facts are hard to understand.
How Wakeel can help
Wakeel can help you organize the incident facts, understand common FIR-related terms, prepare questions for a lawyer, and identify documents or dates you may need.
What Wakeel cannot do
Wakeel cannot force police action, file a case for you, guarantee registration of an FIR, or replace an advocate's advice on your specific facts.
Registering an FIR is not discretionary for the police
Section 154 of the Code of Criminal Procedure, 1898 makes FIR registration mandatory whenever the information given discloses a cognizable offence — the police officer in charge of the station has a statutory duty to record it, not a choice. In practice, officers sometimes refuse anyway: because they think the matter is 'civil,' because of local pressure, or simply to avoid the paperwork of investigating. That refusal is itself a violation of the law, and Pakistan's legal system built a specific remedy for exactly this situation.
That remedy is Sections 22-A and 22-B of the CrPC, added by the Criminal Procedure (Third Amendment) Ordinance, 2002. They let a citizen whose complaint the police refused apply directly to an Ex-Officio Justice of the Peace — typically the Sessions Judge or an Additional Sessions Judge of the district (in some provinces, a Magistrate of the First Class holds this power too) — who can direct the police to register the FIR without you having to first convince the station itself.
What the 22-A/22-B application actually involves
The application is a written petition to the Justice of the Peace stating the facts of the cognizable offence, confirming that you approached the relevant police station and it refused or failed to register the FIR, and asking the court to direct registration under Section 154. Courts generally expect you to show you actually attempted to report it first — so a copy of any written application to the SHO, or at least clear details of when and where you tried, strengthens the petition.
If the Justice of the Peace route doesn't resolve it, two further options exist: filing a private complaint directly before a Magistrate under Section 200 CrPC, which lets the court itself take cognizance of the offence, or filing a constitutional petition under Article 199 before the High Court where there's a clear failure of statutory duty by the police. Which route makes sense depends heavily on the nature of the offence and how the police have behaved so far — a lawyer's read on your specific facts matters here.
Example questions to ask Wakeel
Frequently asked questions
What can I do if the police refuse to register my FIR?
You can apply to the Ex-Officio Justice of the Peace (usually the Sessions Judge or an Additional Sessions Judge of your district) under Sections 22-A and 22-B CrPC, asking them to direct the police to register the FIR under Section 154. Keep a record of your original attempt to report the offence at the station, since courts generally expect to see that you tried there first.
Is it mandatory for police to register an FIR in Pakistan?
Yes, for cognizable offences. Section 154 of the CrPC 1898 makes registration mandatory once the reported information discloses a cognizable offence — the SHO does not have discretion to refuse on the merits of the case at that stage; investigation is where the facts get tested.
What is a Justice of the Peace application under 22-A CrPC?
It's a written petition asking the Ex-Officio Justice of the Peace to direct the police to register an FIR they've refused, or to address related complaints like transfer of investigation. It was introduced by the Criminal Procedure (Third Amendment) Ordinance, 2002 specifically to give citizens a check against police inaction.
What happens if the Justice of the Peace also refuses to help?
You still have two further routes: a private complaint under Section 200 CrPC asking a Magistrate to take cognizance directly, or a writ petition under Article 199 to the High Court where the police's refusal amounts to a clear failure of statutory duty. Each has different procedural requirements, so this is worth discussing with a lawyer given your specific facts.
Can Wakeel.org help me get an FIR registered?
Wakeel can help you organize the facts of the incident, explain terms like cognizable offence or Justice of the Peace in plain English or Urdu, and prepare the questions and documents you'll need for a lawyer. It cannot file the application for you, contact the police or courts, or guarantee that an FIR gets registered — that depends on the facts of your case and a licensed advocate's filing.