The first time the SHO refused to write down your complaint, you blamed the timing. The second time, the duty officer said, "It is a civil matter, sir." The third time, you stood at the desk for two hours and walked back without a receipt. Now you are sitting at home with the original letter, photographs of the WhatsApp threats, and a feeling that the system has closed its door on you. It has not. There is a clear route forward — through the magistrate.
This article walks you through that route under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the old CrPC on 1 July 2024. The provision you are looking for is now Section 175(3) BNSS, the successor of the well-known Section 156(3) CrPC. The route is the same in spirit, but BNSS has added one important new step before you can use it.
Why You May Need This Route at All
For a cognizable offence, an FIR is supposed to be registered straight away. The Supreme Court in Lalita Kumari v. State of U.P. (2014) said registration is mandatory; refusal can attract action against the officer concerned. Section 173 BNSS now embeds that duty in the statute. Yet, in everyday life, FIRs do not always get registered. The complaint may be diluted to an NCR, told to be a "civil matter", or simply ignored.
When that happens, the law gives you two ladders: a complaint to a senior police officer (the SP), and a complaint to a magistrate. BNSS now requires that you climb the first ladder before the second. The reason is structural — to filter out frivolous or duplicated complaints from clogging the magistrate's docket.
The route is genuinely available. Magistrates routinely pass orders directing police to register and investigate FIRs, especially in cheating, criminal breach of trust, hurt, threat, dowry harassment, and matrimonial cruelty cases where SHOs are reluctant.
Step One: The Section 173(4) Letter to the SP
Section 173(4) BNSS expressly says that if the officer in charge of a police station refuses to record information about a cognizable offence, the aggrieved person may send the substance of the information, in writing and by post, to the Superintendent of Police. If the SP is satisfied that a cognizable offence is disclosed, he must either investigate the case himself or direct an investigation by a subordinate officer.
BNSS adds language to Section 173(4) saying that on failure of this remedy, "such aggrieved person may make an application to the Magistrate". This is the new procedural sequencing. Without showing that the SP route has failed (or has been ignored for a reasonable time), the magistrate's hands are tied.
Practical pointers for the SP letter:
- Write neatly. Title the letter "Complaint under Section 173(4) BNSS".
- Recite the events in date order. Describe the offence in factual terms.
- Attach a copy of the original complaint given to the police station and the date of refusal/inaction.
- Ask for two clear reliefs: registration of FIR, and investigation by an officer not below a stated rank.
- Send by registered post or speed post. Keep the postal receipt and tracking record. This becomes the proof of compliance with Section 173(4) when you later move the magistrate.
Step Two: Section 175(3) BNSS Application
If the SP either does not act or refuses to register the FIR, your next step is an application to the magistrate having jurisdiction over the offence. Section 175(3) BNSS empowers a magistrate to direct an investigation under Section 175(1). It is the BNSS replacement for Section 156(3) CrPC and continues to be the statutory hook used in practice.
BNSS adds a new sub-section (4) to Section 175 which protects public servants from harassment in the discharge of public duty: where the complaint is against a public servant, the magistrate must call for a report from a senior officer before directing investigation. This works in tandem with Section 223(2) at the cognizance stage.
The application must be supported by an affidavit, the original copy of the complaint sent to the police station, the proof of representation to the SP under Section 173(4), and any documentary evidence — agreements, cheque returns, medical papers, screenshots, photographs. If you are facing repeated FIR refusal at the police station, the strength of your paper trail is the single biggest factor in the magistrate's mind.
Section 223 BNSS: When the Magistrate Examines You
Where, instead of a Section 175(3) direction, the magistrate decides to take the complaint as a private complaint, the next step is governed by Section 223 BNSS (the old Section 200 CrPC). The magistrate examines the complainant on oath and the substance of that examination is recorded.
BNSS has made two notable additions to Section 223. The newly added first proviso says no cognizance of an offence shall be taken without giving the accused an opportunity of being heard. The new sub-section (2) provides that a magistrate shall not take cognizance against a public servant for any offence alleged to be committed in the discharge of his official duty unless (a) the public servant is given an opportunity to make assertions about the situation and (b) a report is received from his superior officer.
So the BNSS private-complaint route now bakes pre-cognizance hearing into the system. The accused gets a heard before any process is issued. For most ordinary complaints — cheating, dishonoured cheque, breach of trust, hurt, harassment — this means one extra hearing, but it does not change the outcome where the complaint is genuine and supported.
Sections 225, 226 and 227 BNSS in Plain Words
After the complainant's examination under Section 223, the magistrate has three doors:
- Section 225 BNSS (= Section 202 CrPC) — postpone the issue of process, either inquire personally or direct an investigation by police, to decide whether the complaint deserves to proceed.
- Section 226 BNSS (= Section 203 CrPC) — dismiss the complaint if no sufficient ground exists. The magistrate must record reasons in brief.
- Section 227 BNSS (= Section 204 CrPC) — issue process (summons or warrant) where there is sufficient ground to proceed.
Section 227 carries a useful new proviso: summons or warrant may also be issued through electronic means. The intent is to speed up service. For Indian conditions, that is a small but real change — a court summons can be sent by registered email or e-portal, in addition to physical service.
In day-to-day practice, when a complaint discloses a cognizable offence, the magistrate often prefers Section 175(3) over Section 225 because the police are better placed to gather evidence. When the offence is non-cognizable or the police clearly refuse, the magistrate proceeds with Sections 223 to 227 as a private complaint case.
What to Include in the Application
The application under Section 175(3) BNSS should be a self-sufficient document. It is read once by a busy magistrate. If it does not contain everything in one place, it tends to come back marked "complete defects" or it is dismissed for lack of material. Include:
- Name, address, contact and identity proof of the complainant.
- Names and addresses of all persons accused, to the extent known.
- The exact date, time and place of the offence.
- Brief, factual narrative of what happened.
- The specific BNS sections under which the offence is alleged.
- Copy of the written complaint given to the police station, with date stamp/diary number.
- Copy of the SP-stage representation under Section 173(4) and proof of dispatch.
- Annexures: agreements, cheques and dishonour memos, medical-legal records, photographs, screenshots, audio/video evidence on a CD or pen drive.
- An affidavit verifying the contents of the application.
- A clear list of prayers ending with: "direct registration of FIR and investigation under Section 175(3) BNSS".
Common Mistakes That Sink the Complaint
The order of mistakes a litigant makes here is fairly predictable. The first is rushing to the magistrate without showing that the SP route has been tried — under BNSS this almost guarantees rejection, because Section 173(4) puts the SP step in the statute itself. The second is filing a complaint that mixes civil and criminal grievances; the magistrate dismisses it as a recovery dispute dressed up as a complaint.
The third is incomplete documentation: a missing dishonour memo, a missing medical certificate, no postal receipt for the SP letter. The fourth is wrong jurisdiction — filing in the wrong magistrate's court. The fifth is pleading directly that the police are corrupt and dishonest in colourful language. Magistrates dislike this and look for cool, dated, document-based pleadings.
Avoid these and the application stands a strong chance. Magistrates in Delhi pass Section 175(3) directions routinely where the offence is clearly cognizable and the police's refusal is unjustified.
What Should I Actually Do Now?
- Reduce your complaint to a clean, dated, written sheet. Avoid jargon and exaggeration.
- Take it to the police station. Get the diary number or refusal noted in writing.
- If the SHO refuses, send the same sheet by speed post to the Superintendent of Police, citing Section 173(4) BNSS. Keep the postal receipt.
- Wait fifteen to thirty days for SP-level action, depending on urgency. For violent offences, do not wait that long.
- Engage a lawyer to prepare the Section 175(3) application with affidavit and annexures.
- File the application in the magistrate's court that has jurisdiction over the place of offence.
- Be present on every date. Be prepared for examination on oath under Section 223 BNSS, with simple, factual answers.
- If the magistrate directs registration of FIR under Section 175(3), follow up at the police station with the certified order copy.
- If the magistrate proceeds as a private complaint under Sections 223 to 227, prepare witnesses and evidence accordingly.
- Keep your tone respectful, your file organised, and your facts consistent. Inconsistencies are the most common reason complaints get dismissed.
A Calmer Path Through the Court
The route through the magistrate is one of the genuinely strong rights an ordinary citizen has under Indian criminal procedure. BNSS has tightened the procedure by requiring an SP-stage attempt first, but the destination is the same. A well-drafted Section 175(3) BNSS application, filed after the Section 173(4) representation, gets results.
If the police have closed their doors and you are not sure how to draft the SP letter or the magistrate application, do not let frustration push you into shortcuts. Speak to a lawyer. The Pinaka Legal team in Delhi prepares Section 175(3) applications for clients every week, and the firm's contact details sit at the top and bottom of this page.
Frequently Asked Questions
What is Section 175(3) BNSS?
Section 175(3) BNSS empowers a magistrate to direct the police to register an FIR and investigate a cognizable offence when the police themselves have failed to act. It is the BNSS replacement for Section 156(3) of the old CrPC. Without the magistrate's direction, no FIR may follow even if the offence is clearly cognizable. This route is the citizen's safety net when the police refuse.
Do I have to approach the SP before filing a Section 175(3) BNSS complaint?
Yes. This is the most important procedural change. Section 173(4) BNSS now requires the complainant first to make a written representation to the Superintendent of Police if the SHO refuses to register the FIR. Only after this remedy fails can the magistrate be approached under Section 175(3). The earlier 156(3) practice of going straight to court no longer holds under BNSS.
What is Section 223 BNSS?
Section 223 BNSS replaces Section 200 CrPC. It says the magistrate, on receipt of a private complaint, examines the complainant on oath and records the substance of the examination. A new first proviso requires that no cognizance is taken without giving the accused an opportunity of being heard. A new sub-section (2) protects public servants by requiring a report from a senior officer before cognizance.
What is the procedure after the magistrate examines the complainant?
The magistrate may, under Section 225 BNSS (= 202 CrPC), postpone issue of process and either inquire personally or direct an investigation by the police, to decide whether the complaint deserves to proceed. If satisfied, process (summons or warrant) is issued under Section 227 BNSS. If not satisfied, the complaint is dismissed under Section 226 BNSS, with brief reasons recorded.
How long does a Section 175(3) BNSS complaint take?
It varies by court but the broad timeline is: a few weeks to draft and file, two to four weeks for the magistrate to peruse the complaint and the SP-stage paperwork, and one or two further hearings before the order is passed. If the magistrate directs FIR and investigation, the police thereafter follow Section 187 BNSS timelines. Patience and complete paperwork are essential.
Can a Section 175(3) BNSS application be filed against a public servant?
Yes, but with a safeguard. Section 175(4) BNSS, read with Section 223(2), says where the complaint is against a public servant for an act allegedly done in his official duty, the magistrate must call for a report from a superior officer before directing investigation or taking cognizance. The protection is procedural, not absolute — a genuine complaint can still proceed.
What documents should I attach to the application?
The original written complaint to the police station, the SP-stage representation under Section 173(4) with postal receipt, your identity proof, all documentary evidence of the offence (agreements, cheques and dishonour memos, medical papers, photographs, screenshots, audio/video on a CD), and an affidavit verifying the application. Where possible, also attach details of any witnesses and their addresses.
Can I file the application directly in the High Court?
Generally no. The magistrate's court is the correct forum for a Section 175(3) BNSS application. The High Court is approached only by way of writ when even the magistrate's order is not implemented or there is gross police inaction. Filing in the High Court without first using the BNSS-prescribed remedies is usually returned with a direction to approach the magistrate first.
What if the police still do not act after the magistrate's order?
If even after a Section 175(3) BNSS direction the police drag their feet, you can move the magistrate again with a non-compliance application, and if necessary, the High Court under writ jurisdiction. The Supreme Court has consistently held that a magistrate's directions under this provision must be implemented in spirit. Each non-compliance attracts judicial scrutiny on the officer concerned.
Where can I get help with a magistrate complaint in Delhi?
You can speak to a criminal lawyer at Pinaka Legal. Our team in Delhi drafts and files Section 173(4) representations and Section 175(3) BNSS applications regularly, in cheating, breach of trust, hurt, threat, matrimonial cruelty and online fraud cases. The first consultation is free and confidential. The phone number, email and office address are on this page.
For more articles on Indian law, visit the Pinaka Legal Blog.