By Advocate Ajay Malik | Supreme Court & Delhi High Court
You walked into the police station with a genuine grievance, hoping for justice. Instead, the officer on duty refused to listen, or worse, refused to register your FIR. This is a common story in India.
But remember: The Police is not the final authority; the Magistrate is.
Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), effective from July 1, 2024, the law has empowered you to approach the Court directly if the police fail to act. In this guide, I will explain how to use Section 175(3) BNSS (formerly Section 156(3) CrPC) to get an immediate court order for FIR registration.
Step-by-Step Procedure to Force an FIR
The law requires you to follow a strict hierarchy before approaching the court. You cannot jump directly to the Magistrate. Here is the correct legal path you must follow:
1. Complaint to the SHO (Section 173(1) BNSS)
First, submit a written complaint to the Station House Officer (SHO) of the concerned police station. Always take a “Receiving” (stamped copy) as proof. This proves you approached the primary authority.
2. Complaint to the SP/DCP (Section 173(4) BNSS)
If the SHO refuses to act, you must send the substance of your information in writing, by post, to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP).
- Pro Tip: Send this via Speed Post and keep the tracking report. This tracking report is a mandatory piece of evidence for the court to show that you exhausted your remedies with the police.
3. Application to Magistrate (Section 175(3) BNSS)
If even the SP/DCP fails to register the FIR within a reasonable time (usually 15 days), you can file an application before the Judicial Magistrate of First Class.
What is Section 175(3) BNSS?
This section empowers the Magistrate to order an investigation. If the Magistrate is satisfied with your complaint and arguments, they can direct the SHO to register an FIR and investigate the matter properly. This is the most powerful tool for a victim of crime.
The New “Affidavit” Rule (Critical Update)
Unlike the old CrPC, the new BNSS law has introduced a strict check to prevent false complaints.
- Mandatory Requirement: You must attach a sworn Affidavit with your application stating that you have already approached the police (SHO and SP/DCP) and no action was taken.
- Warning: If you make a false statement in this affidavit, you can be prosecuted for perjury.
Why You Need a Lawyer for This Application?
Drafting a Section 175(3) petition requires precise legal language. You must clearly outline the “Cognizable Offense” and attach the necessary proofs of police inaction. One mistake in the drafting can lead to the Magistrate dismissing your application.
At Delhi Law Advocates, we specialize in criminal litigation and have successfully obtained FIR orders for hundreds of clients in Dwarka, Saket, and Patiala House Courts.
Conclusion
Police inaction is frustrating, but it is not the end of the road. The Judiciary is there to protect your rights. By following the procedure under Section 175(3) BNSS, you can ensure your voice is heard and the accused is brought to book.
Don’t Let Criminals Walk Free. If the police have refused your case, contact us immediately.
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Advocate Ajay Malik (Supreme Court & Delhi High Court)
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