Police have full discretion on whether to register a complaint or FIR.

Courts have made clear (Lalita Kumari v. State of UP, 2014) that for cognizable offences, registering the FIR is mandatory, not optional.

This section only applies to rape cases.

It covers several serious offences listed in the section, including acid attacks, stalking, and offences against children, not just sexual assault.

Bharatiya Nyaya Sanhita, 2023

Section 199

Public servant disobeying direction under law

Whoever, being a public servant,—§

(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter; or§

(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation; or§

(c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.§

Why this exists

This provision continues the spirit of the old IPC Section 166A, which was strengthened after the 2012 Delhi gang-rape case (Nirbhaya case) exposed how police sometimes refused to register complaints, especially in sexual offence cases. Parliament wanted to ensure that victims are not turned away and that investigations follow due process, holding officers criminally accountable for such lapses.

How courts read it

In Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court held that registering an FIR is mandatory when information discloses a cognizable offence, leaving no discretion to police to refuse recording it. This judgment reinforced the legal duty referenced in clause (c), making clear that failure to record such information is not a mere lapse but a punishable offence.

Common misconceptions

Myth: Police have full discretion on whether to register a complaint or FIR.
Fact: Courts have made clear (Lalita Kumari v. State of UP, 2014) that for cognizable offences, registering the FIR is mandatory, not optional.
Myth: This section only applies to rape cases.
Fact: It covers several serious offences listed in the section, including acid attacks, stalking, and offences against children, not just sexual assault.