Police Refused to File FIR? Section 156(3) CrPC Complaint

Short on time? Jump to the step-by-step and copy the ready application and affidavit templates below.

A First Information Report is the document that sets a criminal investigation in motion. When the duty officer turns you away, your case freezes before it starts. This happens more often than it should, usually to avoid paperwork, to protect a connected accused, or to push a “compromise”.

The law does not allow this. In Lalita Kumari v. Govt. of U.P., a Constitution Bench of the Supreme Court held that registration is mandatory when the information discloses a cognizable offence. The Court said the word “shall” in Section 154(1) leaves the officer no discretion to refuse.

So refusal is illegal, but you cannot run straight to court. The Supreme Court has built a fixed ladder of remedies. You must climb it in order, keep proof of each rung, and only then ask a Magistrate to step in.

The courts will reject a Magistrate's application that skips a rung. Follow this exact sequence.

1. Section 154(1) to the SHO. Give a written complaint to the officer in charge of the police station with jurisdiction. Ask for a copy of the FIR. Keep your acknowledged copy.
2. Section 154(3) to the SP. If the SHO refuses or sits silent, send a written complaint to the Superintendent of Police (SP) by registered post or speed post. Keep the postal receipt and tracking printout.
3. Section 156(3) to the Magistrate. If the SP also fails to act, file a written application before the jurisdictional Magistrate with a sworn affidavit, attaching proof of both earlier steps.

The Supreme Court confirmed this order in a 2024 ruling: a Magistrate cannot direct registration of an FIR under Section 156(3) unless the complainant has first exhausted Sections 154(1) and 154(3).

In Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287, the Supreme Court directed that “Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant”. The Court added that “there has to be prior applications under Section 154(1) and 154(3)” and both must be “clearly spelt out in the application”. A false affidavit exposes you to prosecution, which is exactly why the Court insisted on it. An application without this affidavit is routinely rejected.

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced the CrPC on 1 July 2024. For any offence reported on or after that date, use the BNSS sections:

The affidavit and prior-SP-approach that Priyanka Srivastava created as case law are now written into the statute itself. Section 175(3) BNSS requires the application to be supported by an affidavit showing you approached the SP under Section 173(4). BNSS also adds a genuinely new step: the Magistrate must give the police officer a chance to be heard before ordering an investigation. “Section 156(3) CrPC” remains the term most people search, so this guide keeps it, but file under the BNSS numbers for fresh cases.

Write a dated complaint stating the facts, the offence, the accused, and your demand to register an FIR. Submit two copies at the police station. Get one copy stamped with the date and diary number. If the SHO refuses to stamp it, post it by speed post the same day.

If the SHO does not register the FIR within a reasonable time, send the same complaint to the SP. State clearly that the SHO refused or failed to act. Send it by registered or speed post and save the receipt and tracking page. This step is now legally compulsory, not optional.

If the SP also fails to act, draft your application to the Magistrate. It must:

• Name the court, the police station, and the accused.
• Set out the facts and the cognizable offences made out.
• List your Step 1 and Step 2 complaints with dates and dispatch proof.
• Pray that the Magistrate direct registration of an FIR and investigation.
• Attach a separate sworn affidavit confirming the above is true.

File before the Judicial Magistrate (First Class) or Metropolitan Magistrate having jurisdiction over the place where the offence occurred. Attach all annexures. There is no court fee for a Section 156(3) application in most states; a nominal vakalatnama or affidavit stamp may apply. Confirm local practice with the court clerk.

• Copy of the Section 154(1) complaint with acknowledgement or post receipt.
• Copy of the Section 154(3) complaint to the SP with tracking proof.
• The sworn affidavit (mandatory).
• Any evidence: photos, medical reports, documents, witness details.
• Your ID proof.

The Magistrate has two main routes, and which one is chosen matters a lot for you.

1. Direct registration and investigation (Section 156(3) / 175(3)). The Magistrate orders the police to register the FIR and investigate. The police do the legwork, collect evidence, and can arrest. This is what you want when the case needs police powers you do not have.
2. Treat it as a private complaint (Section 200 / 223). Instead of sending it to the police, the Magistrate examines you and your witnesses on oath and may proceed under the complaint procedure. Here, the burden of producing evidence stays largely on you.

A Magistrate generally prefers the Section 156(3) route at the pre-cognizance stage when the matter genuinely needs police investigation. Under BNSS Section 223, the Magistrate cannot take cognizance of a private complaint without first giving the proposed accused an opportunity of being heard.

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, [DISTRICT]

Application under Section 156(3) of the CrPC, 1973
[for offences on/after 01.07.2024: Section 175(3) of the BNSS, 2023]

Applicant:  [Name, age, address]
            ... Complainant
Versus
            [Name/description of accused, if known]
            ... Proposed accused

Police Station concerned: [PS name and district]

MOST RESPECTFULLY SHOWETH:
1. That the applicant is a law-abiding citizen residing at the
   above address.
2. That on [date], at [place], the following cognizable offence
   was committed: [state facts plainly, with sections of law].
3. That on [date] the applicant submitted a written complaint
   under Section 154(1) CrPC to the SHO, [PS]. Copy annexed as
   Annexure A. No FIR was registered.
4. That on [date] the applicant sent a written complaint under
   Section 154(3) CrPC to the Superintendent of Police, [district],
   by speed post. Postal receipt and tracking annexed as
   Annexure B. No action was taken.
5. That despite exhausting the remedies under Sections 154(1)
   and 154(3), no FIR has been registered, leaving the applicant
   without remedy except this Hon'ble Court.

PRAYER:
It is therefore prayed that this Hon'ble Court be pleased to
direct the SHO, [PS], to register an FIR and investigate the
offences disclosed herein, and pass such further orders as deemed
fit.

Place:                                  [Signature]
Date:                                   [Name of applicant]

(Supported by affidavit)

AFFIDAVIT

I, [Name], aged [ ] years, [occupation], resident of [address],
do hereby solemnly affirm and state as under:

1. That I am the applicant in the accompanying application under
   Section 156(3) CrPC / Section 175(3) BNSS and am competent to
   swear this affidavit.
2. That the contents of the application, including the prior
   complaints under Sections 154(1) and 154(3) CrPC, are true and
   correct to my knowledge, and nothing material has been concealed.
3. That the annexures filed are true copies of their originals.

                                        DEPONENT

VERIFICATION:
Verified at [place] on this [date] that the contents of the above
affidavit are true and correct to my knowledge and belief.

                                        DEPONENT

Adapt the format to your state's court practice. Get the affidavit attested before a notary or the court oath commissioner.

File before the Judicial Magistrate First Class or Metropolitan Magistrate who has territorial jurisdiction over the place where the offence took place, not where you live. Ask the court filing counter if you are unsure. Filing in the wrong court wastes weeks because the application is returned.

In most states there is no court fee for the application itself. You usually pay only a small affidavit stamp and notary or oath-commissioner charge, often under ₹100. A vakalatnama stamp applies if a lawyer files for you. Fee rules vary by state, so confirm with the local court clerk before filing.

A Zero FIR lets any police station register your complaint even if the offence happened in another station's area, then transfer it. It is meant for emergencies like serious crimes where delay is dangerous. If a station refuses a Zero FIR for a grave offence, note that refusal in your Section 154(3) complaint to the SP, as it strengthens your case.

If the Magistrate declines to order an FIR, you can file a revision before the Sessions Court, or in some cases approach the High Court under its inherent powers. You may also pursue the matter as a private complaint under Section 200 CrPC / Section 223 BNSS, where the Magistrate examines you on oath and proceeds on evidence you produce.

There is no fixed statutory clock for a Magistrate to decide a 156(3) application. Practically, allow the SHO a few days, wait 7 to 15 days after writing to the SP, then file before the Magistrate. The Magistrate often decides within a few hearings. Keep dated proof of every step so delay cannot be blamed on you.

No rule bars you from filing in person, and many applicants do. A lawyer helps draft the application cleanly, frame the offences correctly, and argue jurisdiction. If cost is a barrier, district legal services authorities offer free legal aid for eligible citizens.

• Write your Section 154(1) complaint now, with the date, facts, and offence, and make two copies.
• Note the exact police station and district that has jurisdiction over the incident.
• If you already complained to the SHO and were refused, draft your Section 154(3) letter to the SP and post it today by speed post.
• Save every acknowledgement, postal receipt, and tracking page in one folder for your affidavit annexures.

Once an FIR is ordered or pending, use RTI to track it. See how to use RTI to get FIR and case-diary status from the police.

Not sure which authority your wider grievance belongs to? Use the regulator routing hub for India to find the right complaint channel.

If a public authority itself stonewalls a Right to Information request linked to your case, you can escalate to court. See filing a writ petition under Article 226 after a CIC or SIC order.

For the full citizen toolkit on using information law to hold officials accountable, read The RTI Playbook.

• Lalita Kumari v. Govt. of U.P., Constitution Bench: https://indiankanoon.org/doc/10239019/
• Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287: https://indiankanoon.org/doc/163299097/
• Section 175(3) BNSS analysis (SCC Online): https://www.scconline.com/blog/post/2026/01/06/magistrate-ordered-investigation-section-175-3-bnss-analysis/
• Magistrate-ordered investigations under BNSS (Shardul Amarchand Mangaldas): https://www.amsshardul.com/insight/analysis-of-magistrate-ordered-investigations-under-the-bnss/
• Section 223 BNSS explained (Cyril Amarchand): https://disputeresolution.cyrilamarchandblogs.com/2025/06/demystifying-section-223-of-the-bharatiya-nagarik-suraksha-sanhita-2023/

Last reviewed: June 2026. Confirm the current section numbers and local court practice before you file, as procedures vary by state.