The police in Thiruvananthapuram refused to register my cyber fraud complaint. What is the proper procedure to escalate?
AR Asked by Arjun Nair from India
Quick Answer
After refusal, send the complaint by registered post to the Superintendent of Police under Section 175(1) BNSS, 2023, who must direct registration if a cognisable offence is disclosed.
Detailed Legal Analysis
After refusal, send the complaint by registered post to the Superintendent of Police under Section 175(1) BNSS, 2023, who must direct registration if a cognisable offence is disclosed. If still no FIR, file a complaint before the Magistrate under Section 175(3) BNSS, 2023 for direction.
You can also move Kerala High Court under Article 226 of the Constitution for a writ of mandamus directing FIR registration. Simultaneously file on the National Cyber Crime Reporting Portal, which routes the complaint to the relevant cyber crime police station in Thiruvananthapuram.
Preserve the refusal acknowledgment and postal receipts as evidence under Section 63B BSA, 2023. The cyber crime cell in Thiruvananthapuram can also be approached directly.
Refer to Kerala Rent Control Act 1963 for any state police complaint authority or grievance mechanism.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.