What to Do If Police Refuse to Register Your FIR in Pakistan – Section 22-A CrPC Guide (2026)
When information about the commission of a cognizable offence is given to the officer in charge of a police station, Section 154 of the Code of Criminal Procedure, 1898 (CrPC) provides the legal framework for recording that information as an FIR.
In practice, however, a person may face refusal, delay or inaction by the police. Pakistani criminal procedure provides judicial and administrative remedies in such circumstances. One important remedy is an application under Section 22-A(6) CrPC before the relevant Ex-Officio Justice of the Peace. Sections 22-A and 22-B should be read together with Section 154 and the surrounding provisions of the CrPC.
Important: The exact procedure and local administrative practice can vary by province and circumstances. This article provides general information about Pakistani criminal procedure and is not a substitute for case-specific legal advice.
Police Duty to Register an FIR Under Section 154 CrPC
Section 154 CrPC deals with information relating to the commission of a cognizable offence. Where the information discloses such an offence, the statutory scheme requires the police to record the information in the prescribed manner.
The important point is that registration of an FIR is generally concerned with recording the first information about a cognizable offence. Registration does not mean that the accused has been found guilty or that every allegation in the FIR has been proved.
Recent Lahore High Court case-law material has emphasized that, where the information discloses a cognizable offence, the police cannot conduct a full fact-finding exercise merely to determine whether the allegations are true before complying with the registration requirement. The investigation and determination of guilt are separate stages.
Can Police Refuse an FIR by Calling the Matter a Civil Dispute?
Not automatically.
A dispute may contain both civil and criminal elements. The fact that a civil remedy may also exist does not by itself prevent registration of an FIR if the facts supplied to the police disclose a cognizable criminal offence.
However, whether an FIR is legally required depends on the actual facts and the ingredients of the alleged offence. Simply describing a dispute as “criminal” does not automatically make it a cognizable offence.
What to Do If the Police Refuse to Register Your FIR
Step 1: Submit a Written Complaint to the SHO
Prepare a written application containing the important facts of the incident, including:
- Date and time of the incident
- Place of occurrence
- Names and particulars of the accused, if known
- Details of witnesses, if relevant
- Description of the alleged offence
- Available documentary or electronic evidence
- Any medical or other supporting record
Submit the application to the Station House Officer (SHO) or officer in charge of the relevant police station and keep evidence of submission, such as an acknowledgment, receiving copy or other available record.
If the application is not accepted, preserve evidence of the attempt to approach the police. Depending on the circumstances and available procedures, this may include postal records or other documented proof of submission.
Step 2: Approach Senior Police Officers
You may also submit the complaint to the relevant senior police officer, such as the SP, SSP, DPO or other competent police authority, depending on the provincial structure.
This can create an additional record of the complaint and may result in administrative action or registration of the case without requiring immediate judicial proceedings.
Important: Approaching senior police officers is useful, but it should not be described as an absolute legal prerequisite to filing a Section 22-A(6) application. Lahore High Court case-law material has recognized that a direct application can be made before the Justice of the Peace where the SHO has refused to register the FIR.
Step 3: Apply Under Section 22-A(6) CrPC
Where the police fail or refuse to register a case despite information disclosing a cognizable offence, a person may approach the Ex-Officio Justice of the Peace under Section 22-A(6) CrPC.
Section 22-A(6) specifically deals with directions concerning matters including:
- Non-registration of a criminal case
- Transfer of investigation from one police officer to another
- Neglect, failure or excess committed by a police authority in relation to its functions and duties
The Pakistan Code of Criminal Procedure contains the statutory provisions concerning the powers and duties of Justices of the Peace.
Who Is the Ex-Officio Justice of the Peace?
Under the CrPC framework, Sessions Judges and Additional Sessions Judges perform the functions of Ex-Officio Justices of the Peace in the relevant jurisdiction.
The Justice of the Peace exercises the powers given by law and does not become the investigating officer or trial court merely because a Section 22-A application has been filed.
What Should a Section 22-A Application Contain?
A properly prepared application should normally explain:
- The complete facts of the incident
- The date, time and place of occurrence
- The persons allegedly involved
- The criminal offence allegedly disclosed by the facts
- When and how the police were approached
- The response or refusal of the police
- Any approach made to senior police officers
- Supporting documents or evidence available to the applicant
The applicant should clearly state the relief sought, such as a direction to the police to deal with the information in accordance with Section 154 CrPC.
What Can the Justice of the Peace Do?
The Justice of the Peace can issue appropriate directions within the scope of Section 22-A(6) CrPC, including directions concerning non-registration of a criminal case and, in appropriate circumstances, matters relating to investigation.
However, the Justice of the Peace is not conducting the criminal trial at this stage. Recent Lahore High Court material explains that the Justice of the Peace should not undertake a full-fledged investigation or decide the merits of the criminal case before registration of the FIR.
The central question at the registration stage is generally whether the facts presented disclose a cognizable offence requiring action under the applicable criminal procedure.
Does Registration of an FIR Mean the Accused Is Guilty?
No.
An FIR is the starting point of the criminal process. It records the first information concerning an alleged cognizable offence. It is not a judgment of guilt.
The police investigation, collection of evidence, submission of the police report and subsequent judicial proceedings determine how the criminal case proceeds.
Alternative Legal Remedies
| Remedy | Possible Use | Forum |
|---|---|---|
| Section 22-A(6) CrPC | Non-registration of a criminal case or certain police failures | Ex-Officio Justice of the Peace |
| Private Complaint – Section 200 CrPC | Where a complainant seeks to initiate proceedings through a Magistrate instead of relying solely on police registration | Competent Magistrate |
| Constitutional Petition – Article 199 | Appropriate cases involving an alleged unlawful failure or other matter falling within constitutional jurisdiction | High Court |
| Approach to Senior Police Authorities | Administrative escalation and request for appropriate police action | Competent senior police authority |
What If the Justice of the Peace Refuses the Application?
The appropriate next step depends on the facts, the reason for refusal and the nature of the grievance.
Depending on the circumstances, a person may consider a private complaint under Section 200 CrPC before the competent Magistrate or seek an appropriate remedy before the High Court under its constitutional jurisdiction.
A lawyer should review the order of the Justice of the Peace before selecting the next remedy, because the proper procedural route can vary from case to case.
Practical Tips If Police Refuse to Register Your FIR
- Keep a written record: Preserve copies of complaints and evidence showing when they were submitted.
- Record important dates: Note when you approached the police and what response you received.
- Preserve evidence: Keep medical reports, photographs, videos, messages, documents and relevant witness information.
- Identify the correct offence: The facts should be explained accurately rather than simply adding criminal sections without considering their legal ingredients.
- Do not unnecessarily exaggerate: False or exaggerated allegations can create legal complications.
- Act without unnecessary delay: Although the law does not prescribe a simple universal deadline for every Section 22-A application, unexplained delay may affect the circumstances of a case.
- Consider legal assistance: A criminal-law practitioner can help assess the facts, identify the appropriate remedy and prepare the application.
Frequently Asked Questions
Can police refuse to register an FIR by saying the matter is civil?
Not merely for that reason. If the facts disclosed to the police constitute a cognizable criminal offence, the existence of a civil dispute or civil remedy does not automatically prevent criminal proceedings. The actual facts and legal ingredients of the alleged offence must be examined.
Do I have to approach the SP or DPO before filing a 22-A application?
Not necessarily. Approaching senior police officers may be useful, but Lahore High Court case-law material has recognized that a direct application under Section 22-A(6) can be made where the SHO has refused to register the FIR.
Can the Justice of the Peace investigate the case?
The Justice of the Peace does not replace the police investigation. Recent case-law emphasizes that the Section 22-A process should not turn into a full-fledged investigation or trial before registration of the FIR.
Does registration of an FIR prove the accused is guilty?
No. An FIR records information concerning an alleged cognizable offence. Guilt must be determined through the legally prescribed criminal process.
Is there a fixed time limit for filing a Section 22-A application?
Section 22-A does not provide a simple universal limitation period for every application. Nevertheless, unnecessary or unexplained delay can become relevant depending on the facts, so a person should seek appropriate legal advice without unnecessary delay.
Do I need a lawyer for a Section 22-A application?
The law does not make legal representation a universal requirement. However, criminal proceedings can involve important procedural and factual issues, so professional legal assistance may be useful, particularly where the allegations are serious or complicated.
Conclusion
If police refuse to register an FIR despite information disclosing a cognizable offence, a complainant is not necessarily without a remedy. Section 154 CrPC provides the framework for registration of information concerning cognizable offences, while Section 22-A(6) provides an important judicial mechanism for addressing non-registration and certain other police failures.
The best procedural step depends on the facts, the nature of the alleged offence and the response of the police. Keeping a proper written record and preserving relevant evidence can be important when seeking further legal relief.
Need Legal Assistance?
If you are facing refusal or delay in registration of an FIR, Justify.pk provides legal information and assistance relating to Section 22-A/22-B proceedings, private complaints and other criminal-law matters.
Important Disclaimer: This article is for general legal information only. Pakistani criminal procedure and provincial practice may differ depending on the circumstances and applicable law. It should not be treated as a substitute for advice from a qualified lawyer who has reviewed the facts and documents of a particular case.
