Criminal

Application Under Section 175(3) BNSS for Registration of FIR and Investigation

This is an application filed by an aggrieved person before a Judicial Magistrate, seeking a direction to the police to register a First Information Report and conduct an investigation into a cognizable offence. It is the remedy when the police have failed or refused to register an FIR despite a written complaint.

The application is made under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), read with Section 210 BNSS. It is the successor to the application under Section 156(3) of the Code of Criminal Procedure, 1973, and is exercisable only by a Magistrate empowered under Section 210 BNSS.

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Governing law
BNSS 2023 s.175(3) r/w s.210 & s.173(1)/(4)
Sections
s. 175(3)s. 173(1)s. 173(4)s. 210
Filed before
Court of Magistrate

When this is the right filing

  • When the police station has refused or failed to register an FIR after receiving a written complaint under Section 173(1) BNSS.
  • When the applicant has exhausted the statutory escalation by filing an affidavit-supported application to the Superintendent of Police under Section 173(4) BNSS, and no FIR has been registered.
  • When the applicant seeks a judicial order compelling the police to register an FIR and investigate a cognizable offence.
  • Do not use this application if the applicant has not first submitted a written complaint to the police and an affidavit-supported application to the Superintendent of Police. These are mandatory statutory pre-conditions under the BNSS.

What the court looks for

  • Proof of compliance with the two mandatory pre-conditions: a written complaint to the police under Section 173(1) BNSS, and an affidavit-supported application to the Superintendent of Police under Section 173(4) BNSS.
  • A clear narration of facts disclosing the commission of a cognizable offence, supported by a synopsis and a list of dates and events.
  • An affidavit in support of the application, verifying the facts and affirming that the pre-conditions have been met.
  • Where a proposed accused is a public servant, specific pleadings addressing the additional safeguards under Section 175(4) BNSS, including the requirement for a report from the superior officer.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Synopsis
  2. 2List of dates & events
  3. 3Facts
  4. 4Grounds
  5. 5Prayer
  6. 6Affidavit in support
  7. 7Index / annexures
How it opens
[synopsis]; the police declined to register an FIR / failed to investigate; the Applicant then approached the Superintendent of Police under Section 173(4) BNSS, which too yielded no action; the Applicant therefore invokes Section 175(3) BNSS for a direction to register and investigate.

Bracketed items are filled from your case.

Frequently asked questions

What are the mandatory pre-conditions before filing an application under Section 175(3) BNSS?

The BNSS codifies two pre-conditions. First, the applicant must have submitted written information to the police under Section 173(1) BNSS. Second, the applicant must have filed an affidavit-supported application to the Superintendent of Police under Section 173(4) BNSS. A copy of this application and affidavit must accompany the Section 175(3) application, or it is liable to be dismissed at the threshold.

Who should be named as the respondent in this application?

The State, through the Officer in Charge of the relevant police station, is the proper and necessary respondent. The proposed accused persons are named in the body of the application for completeness but are not arrayed as opposite parties at this pre-cognizance stage.

What additional procedure applies if a proposed accused is a public servant?

Section 175(4) BNSS imposes heightened safeguards. The Magistrate must obtain a report from the public servant's superior officer and consider the public servant's assertions before passing any order. The application must contain a dedicated paragraph pleading compliance with this provision.

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