Filing a Section 156(3) Application Before a Magistrate When Police Refuse to Investigate a Crime

If the police do not make a register entry of any information that reveals a cognizable offence, then the procedure under the BNSS, 2023 should be followed. Under Section 173(4), the information may be forwarded in writing to the Superintendent of Police (SP). In case the complaint persists, then the complainant can file the matter before the competent Magistrate under Section 175(3) in an attempt to get an order of investigation.

 

This is an important feature of the present BNSS as opposed to the earlier CrPC in which Section 156(3) had not mentioned some of these procedures. The Supreme Court has pointed out certain distinguishing features between these two provisions, such as sending information in writing to the SP and an application in affidavit form, and even an inquiry by the Magistrate and hearing of the police officer.

 

What Should You Do After Police Refusal?

 

For readers searching for what to do if police refuse to register an FIR, the immediate steps are:

 

1. Submit the complaint to the police station and preserve proof of submission.
2. If the officer in charge refuses to record information relating to a cognizable offence, send its substance in writing to the SP under Section 173(4) BNSS.
3. Preserve the SP representation and proof of delivery.
4. If the matter remains unresolved, place these documents before the competent Magistrate through an application under Section 175(3).

 

The complaint should clearly state the material facts, alleged offence, persons involved and relevant evidence. Acknowledgements, delivery records and police responses should be preserved to demonstrate that the statutory route was followed.

 

When Can You Approach The Magistrate?

 

Section 175(3) is the current BNSS route broadly corresponding to the former Section 156(3) CrPC mechanism for seeking a Magistrate-directed investigation. It should not, however, be treated as an automatic remedy whenever a complainant is dissatisfied with police action.

 

The application must be supported by an affidavit and should ordinarily include a copy of the application made to the SP. The Magistrate may conduct such inquiry as considered necessary and is required to consider the submissions of the police officer before directing investigation. These safeguards were specifically noted by the Supreme Court in January 2026.

 

What Should The Application Contain?

 

A person searching for a Section 156(3) application format before a Magistrate in India may be looking for an older CrPC template. For a current proceeding, the application should instead be drafted around Section 175(3) BNSS.

 

It should ordinarily set out:

 

●       the facts and dates giving rise to the alleged offence;

●       the cognizable offence disclosed by those facts;

●       the police complaint and result of approaching the police station;

●       the representation made to the SP under Section 173(4);

●       the documents or other evidence available; and

●       why police investigation is necessary.

 

The affidavit and supporting documents should be organised clearly. The relief should explain the investigative steps that require police powers rather than merely alleging that the police have not acted.

 

Why May Police Investigation Be Necessary?

 

The issuance of an order by a Magistrate to investigate is within his discretion. The necessity for police investigation becomes especially significant where there is a need for gathering of evidence from third parties, collection of electronic data, tracing and examination of witnesses, retrieval of documents, or use of any other investigative power.

 

In cases where the complainant has the documents and the witnesses himself and he can substantiate his claims by means of a complaint procedure, the magistrate needs to examine the necessity of police investigation in the matter. Section 175(3) should be utilised in explaining the necessity of investigation only.

 

FIR Refusal Versus Defective Investigation

 

Not recording a cognizable offence and dissatisfaction with an ongoing investigation are separate cases. For the former case, the standard process will be:

 

Police Station→ SP under Section 173(4)→ Magistrate under Section 175(3).

 

In case a first information report has already been registered, and there is a delay, or there has been bias, or an insufficient investigation, the case will not come under Section 175(3) as it depends upon the stage of the criminal proceedings.

 

The same distinction also needs to be considered while referring to older CrPC literature. The process to file a Section 156(3) CrPC application in the past should not be blindly adopted in a BNSS case as the process has since undergone changes.

 

What Power Does The Magistrate Have?

 

There is much curiosity among people as far as the Magistrate's power to order FIR registration and investigation of an inquiry is concerned; however, it needs to be clarified in relation to the law. According to Section 175(3), the competent Magistrate has the power to order the investigation in the event of the situation falling within the purview of the said section.

 

According to Section 175(4), another set of safeguards is established in the event the accusations are levelled against any public servant for anything done while discharging his official duties.

 

What Happens After The Order?

 

Section 175(3) Order is not an adjudication of guilt by anyone. It simply allows further investigation through the BNSS. What happens next depends upon the evidence collected through the investigation process.

 

If the Magistrate does not order an investigation, there may still be another way out for the complainant based on the facts. Hence, the application needs to be specific to the facts of the case and explain the need for investigation by the police.

 

Choosing The Appropriate Legal Remedy

 

A Section 175(3) BNSS Order is a judicial remedy for cases where the statutory process and SP-level processes have not resolved a complaint concerning a cognizable offence. A good application will detail prior representations made, contain the requisite affidavit, outline the cognizable offence, and explain why there must be an investigation by the police. Old CrPC-style applications should give way to the current BNSS process. It is also important to appreciate the difference between refusal to register an FIR and inadequate investigation once the FIR is registered.