Police Refused to Register FIR? Section 175(3) BNSS and Magistrate Investigation
If information discloses a cognizable offence but the police station does not record the information or take the legally required action, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a structured escalation route.
For current cases, the important provisions are Section 173 BNSS on information in cognizable cases and Section 175(3) BNSS on a Magistrate ordering investigation. The current statutory route should be used instead of mechanically drafting an application only under the former Section 156(3) CrPC.
This guide explains the police-station stage, Superintendent of Police escalation, affidavit-supported Magistrate application, documents to attach, territorial jurisdiction, electronic complaints, common drafting mistakes and the difference between seeking investigation and filing a private complaint.
Step 1: Give Information of the Cognizable Offence Under Section 173 BNSS
Section 173 BNSS governs information relating to commission of a cognizable offence. The information may be given orally or by electronic communication and, importantly, may be given irrespective of the area where the offence was committed.
This statutory language supports the modern Zero FIR framework. If the information is given electronically, the statutory formalities relating to signature must be complied with within the prescribed period.
For the complete Zero FIR and e-FIR framework, see our guide to Section 173 BNSS, Zero FIR and e-FIR.
What If the SHO Refuses to Record the Information?
Section 173(4) BNSS provides the next statutory step where the officer in charge of a police station refuses to record the information contemplated by the section.
The aggrieved person may send the substance of the information in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied that the information discloses commission of a cognizable offence, the Superintendent must either investigate the case personally or direct investigation by a subordinate police officer in the manner provided by the BNSS.
Therefore, a Section 175(3) application should ordinarily show that the statutory police escalation route was invoked, rather than presenting the Magistrate with an unexplained first-time complaint.
What Is Section 175(3) BNSS?
Section 175(3) empowers a Magistrate who is competent to take cognizance under Section 210 BNSS to order investigation after considering an application supported by an affidavit made under Section 173(4).
The provision also permits the Magistrate to make such inquiry as considered necessary and to consider the submission of the police officer concerned before ordering investigation.
In practical terms, Section 175(3) is the current statutory route commonly relevant when:
- a cognizable offence is alleged;
- the police did not register/investigate despite statutory representations;
- evidence requires police powers such as seizure, recovery, technical tracing or custodial investigation;
- the complainant cannot reasonably collect critical evidence privately; and
- judicial direction for investigation is genuinely necessary.
Section 175(3) BNSS Is Not an Automatic FIR Order
Filing an application does not mean that the Magistrate must mechanically direct registration/investigation in every case. The court examines the allegations, documents, prior police approach, nature of evidence, jurisdiction and whether police investigation is actually required.
A well-drafted application should therefore explain why the matter needs an investigation by police, not merely repeat the factual allegations and end with a request to “register FIR.”
What Should Be Done Before Filing Before the Magistrate?
A practical chronology should normally include:
- Prepare a precise written complaint identifying the cognizable offence and facts.
- Submit/provide it to the competent police station and preserve acknowledgment, diary number, email record or other proof.
- If the information is not recorded as required, invoke Section 173(4) BNSS by sending the substance in writing and by post to the Superintendent of Police concerned.
- Preserve postal tracking, delivery proof and any response.
- Organise supporting documents and electronic evidence.
- Prepare the Section 175(3) application with the required affidavit and a clear prayer for investigation.
Documents to Attach With a Section 175(3) Application
Depending on the facts, the filing set may include:
- copy of complaint/information given to the police station;
- acknowledgment, diary/DD entry or electronic submission proof;
- Section 173(4) representation to the Superintendent of Police;
- postal receipt and delivery/tracking report;
- police replies, if any;
- agreement, invoice, title document, bank material or transaction records relevant to the allegation;
- WhatsApp messages, emails, screenshots and underlying electronic evidence;
- medical records or photographs where relevant;
- identity/address documents where procedurally required;
- chronology of events;
- supporting affidavit.
Do not overload the court with irrelevant documents. Each annexure should prove a pleaded fact, police approach, jurisdictional fact or need for investigation.
Why Is an Affidavit Important?
Section 175(3) expressly refers to an application supported by an affidavit made under Section 173(4). The affidavit requirement helps place responsibility on the applicant for the truth and completeness of the allegations and discourages casual use of criminal process in essentially private disputes.
The affidavit should match the application. Contradictions between the pleading, affidavit, police complaint and annexures can materially weaken credibility.
What Should the Application Explain About the Need for Police Investigation?
This is one of the most important drafting sections. Examples of investigative steps that may justify police intervention include:
- tracing unidentified accused persons;
- obtaining subscriber/account/KYC information;
- securing CCTV or platform records;
- freezing/tracing proceeds of fraud where legally justified;
- recovering property or documents;
- conducting searches or seizures requiring statutory authority;
- obtaining bank records not available to the complainant;
- forensic examination of devices/documents;
- examining multiple independent witnesses;
- investigating a coordinated or continuing offence.
If all evidence is already within the complainant’s possession and no police power is genuinely required, the court may examine whether a private complaint route is more appropriate.
Section 175(3) Application vs Private Complaint
These are related but distinct procedural routes.
A Section 175(3) application seeks a judicial direction for police investigation. A private complaint asks the Magistrate to proceed on the complaint through the cognizance/complaint procedure under the BNSS.
The choice should depend on the nature of evidence and relief required. If the complainant can prove the case through witnesses and documents already available, a complaint case may be procedurally suitable. Where tracing, seizure, recovery or technical investigation is necessary, police investigation may be materially important.
Can the Magistrate Ask for a Police Status Report First?
Yes. Section 175(3) expressly contemplates considering the submission of the police officer concerned and permits the Magistrate to make such inquiry as considered necessary before ordering investigation.
Therefore, an order calling for an action-taken report or police submission should not automatically be treated as rejection of the application. It may form part of the court’s statutory examination.
Territorial Jurisdiction in Section 175(3) Applications
Jurisdiction depends on the alleged offence, place of occurrence and the special BNSS jurisdiction provisions. Electronic offences can involve more than one location.
For example, BNSS contains specific rules for cheating through electronic communications and for delivery/receipt of property induced by cheating. Cybercrime matters may therefore require careful mapping of the victim location, communication, account, delivery and recipient.
Do not select a court solely because the applicant resides there unless a legally relevant jurisdictional fact exists.
Can a Section 175(3) Application Be Used in a Purely Civil Dispute?
A civil relationship does not automatically prevent criminal liability, but criminal process should not be used merely to obtain leverage in a contractual or property dispute where the ingredients of a cognizable offence are absent.
For example, in a cheating allegation the applicant should establish deception and the required dishonest/fraudulent intention, not merely non-payment or later breach of contract. See the current Section 318 BNS cheating guide.
Cyber Fraud and Police Refusal to Register FIR
For cyber financial fraud, immediate reporting through the national cybercrime system should not be delayed while preparing a Magistrate application. Call 1930 promptly and lodge the complaint through the National Cyber Crime Reporting Portal where applicable.
Preserve the NCRP acknowledgment, UTR/transaction details, bank communications, phone numbers, URLs and communications. These can later support the police complaint or Section 175(3) proceedings.
See the broader Cyber Crime Law in India 2026 guide.
What Relief Should Be Sought?
The prayer should fit the statutory power and facts. Depending on the case, the applicant may seek a direction for investigation under Section 175(3) in respect of the disclosed cognizable offences and consequential action according to law.
Avoid asking the Magistrate to predetermine guilt or direct a particular charge-sheet result. Investigation determines the evidence; the court should not be asked to assume the conclusion before investigation occurs.
Common Drafting Mistakes
- Still titling the application only as “under Section 156(3) CrPC” for a current BNSS case.
- Not demonstrating the Section 173(4) Superintendent of Police escalation.
- Failing to file/support the application with the required affidavit.
- Not explaining why police investigation is necessary.
- Turning a civil recovery dispute into generic allegations of cheating.
- Using vague phrases such as “fraud committed” without identifying the statutory ingredients.
- Failing to establish territorial jurisdiction.
- Attaching hundreds of pages without a chronology or evidentiary purpose.
- Submitting screenshots without preserving the underlying electronic record.
- Seeking directions that effectively require the court to decide guilt before investigation.
What Happens After the Magistrate Orders Investigation?
The police conduct investigation in accordance with the BNSS. Depending on the evidence, investigation may involve witness examination, collection of documents, digital evidence, searches/seizures where lawful, forensic analysis and other investigative steps.
At the conclusion of investigation, the police report is filed according to the current procedural framework. See our guide to charge sheets under the BNSS.
What If the Magistrate Refuses to Direct Investigation?
The appropriate next step depends on the order and procedural posture. The court may proceed through the complaint route, dismiss the application/complaint, call for further material or pass another order permitted by the BNSS. Any challenge should be based on the actual order and applicable remedy rather than an assumed automatic right to FIR registration.
Frequently Asked Questions
What is the new section for Section 156(3) CrPC?
For current BNSS cases, the Magistrate’s power to order investigation is contained in Section 175(3) BNSS, read with the statutory escalation under Section 173(4).
What should I do if police refuse to register information of a cognizable offence?
Section 173(4) permits the aggrieved person to send the substance of the information in writing and by post to the Superintendent of Police concerned. If the statutory police remedy does not resolve the matter, an affidavit-supported application may be made before the competent Magistrate under Section 175(3).
Is an affidavit required?
Section 175(3) expressly refers to an application supported by an affidavit made under Section 173(4).
Can the Magistrate hear the police before ordering investigation?
Yes. Section 175(3) permits the Magistrate to conduct necessary inquiry and consider the police officer’s submission before ordering investigation.
Can electronic information be given to police under Section 173?
Yes, Section 173 recognises information given by electronic communication, subject to the statutory formalities.
Can an FIR be registered regardless of where the offence occurred?
Section 173 provides for giving information relating to a cognizable offence irrespective of the area where the offence was committed, which underpins the Zero FIR mechanism.
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Disclaimer
This article is for legal education and general information only. It is not solicitation or case-specific legal advice. The appropriate police complaint, Magistrate application, private complaint, jurisdiction and challenge depend on the facts, alleged offence, date of conduct and procedural record.