By Delhi Law Advocates | Criminal Defense Team
One of the most common grievances we hear from clients at our Dwarka office is: “The police refused to register my FIR despite a cognizable offense.”
It is a frustrating reality in India. Police officers often discourage complainants to keep crime statistics low or due to external pressure. However, Police Refusal is not the end of the road.
Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), the law empowers the Magistrate to step in where the police fail. In this article, the legal team at Delhi Law Advocates explains how you can use Section 175(3) BNSS (formerly Section 156(3) CrPC) to get a court order for immediate investigation.
The Police Refused My Complaint. What Should I Do Now?
The law mandates a specific hierarchy of remedies. You cannot approach the High Court or Magistrate immediately. You must show that you have exhausted your remedies with the police department first.
Step 1: Written Complaint to the SHO (Section 173(1) BNSS)
Submit your complaint in writing to the Station House Officer (SHO) of the concerned police station.
- Crucial Step: Always get a “Diary Number” (DD Entry) or a stamped receiving copy. If they refuse to take it, send it via Registered Post/Speed Post to the SHO.
Step 2: Representation to the DCP/SP (Section 173(4) BNSS)
If the SHO takes no action, you must send the substance of your complaint in writing via post to the Deputy Commissioner of Police (DCP) or Superintendent of Police (SP).
- Legal Tip: Keep the postal receipt and the delivery report safely. This is the most important proof required by the Magistrate.
The Power of the Magistrate: Section 175(3) BNSS
If even the DCP fails to order an FIR, you can file an application under Section 175(3) of the BNSS before the Judicial Magistrate of First Class.
This is a powerful provision. If the Magistrate is satisfied that a cognizable offense has occurred and the police have failed in their duty, they can ORDER the police to register an FIR and investigate the matter.
Key Change in the New Law (BNSS 2023)
The new law has introduced a strict procedural requirement to prevent misuse:
- Mandatory Affidavit: You must now attach a sworn affidavit stating that you have already approached the police authorities (SHO & DCP) and they failed to act.
- Why is this important? Without this affidavit, your application will be rejected at the filing stage itself.
Why Choose Delhi Law Advocates for This Process?
Filing a Section 175(3) application is not as simple as writing a letter. It is a criminal petition that requires:
- Legal Drafting: Clearly establishing the ingredients of the “Cognizable Offense” (e.g., Cheating, Forgery, Assault).
- Evidence of Inaction: Properly annexing the postal receipts and police complaints.
- Arguments: Arguing before the Magistrate why an investigation is necessary.
Our team, led by Advocate Ajay Malik, has successfully obtained FIR registration orders in complex cases of fraud, matrimonial disputes, and property grabbing across Dwarka, Saket, and Patiala House Courts.
Conclusion
Do not let police inaction deny you justice. The law has given you a remedy—use it. If you are struggling to get an FIR registered in Delhi NCR, our team is here to guide you through the court process.
Get Your FIR Registered. Contact Us Today.
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