FIR Refused? From Section 156(3) CrPC to Section 175(3) BNSS
Police inaction is common. Learn the new BNSS procedure to approach the Magistrate when the Police Station refuses to register your FIR.
Refusal to register an FIR is a major issue facing the common man. The police often act as gatekeepers, discouraging cases against powerful individuals. The law, however, has evolved.
The Mandatory Duty (Zero FIR)
Under Section 173 of BNSS (formerly Sec 154 CrPC), every police officer is duty-bound to register information regarding a cognizable offense. The concept of Zero FIR is now statutorily recognized - you can file an FIR in ANY police station, regardless of jurisdiction, and they must transfer it to the concerned Thana.
Preliminary Enquiry: A New Twist
The BNSS introduces a slight change: for cases punishable with 3-7 years, the police may conduct a preliminary enquiry (up to 14 days) before registering FIR to check if a prima facie case exists. This makes legal representation even more crucial to ensure your case isn't closed at this stage.
Remedy 1: Approach the Superintendent of Police (SP)
If the SHO refuses, send the substance of the information in writing by post to the SP (Section 173(3) BNSS).
Remedy 2: The Magistrate's Order (The Power of 156(3))
- Old Law: Section 156(3) CrPC.
- New Law: Section 175(3) of BNSS.
If the SP also fails, your advocate can file a complaint directly in the court of the Judicial Magistrate. The Magistrate has the power to direct the police to register the FIR and investigate. An FIR logged via court order (Sec 175(3) BNSS) carries significant weight.
Remedy 3: Complaint Case
Instead of ordering police investigation, the Magistrate can take cognizance directly (under Section 223 BNSS, formerly Sec 200 CrPC) and examine you on oath. This path avoids police manipulation entirely.
Don't let the police station be the end of your fight for justice. The judiciary is the ultimate guardian.
Civil Court, Nawada, Bihar