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—section-156-3-crpc-complaint-magistrate-police-refused-fir [2026/07/10 23:26] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-description=(Police refused your FIR? File a Section 156 3 CrPC application before the Magistrate after escalating to the SP, with the affidavit the law now requires. guide)&metatag-keywords=(section 156 3 CrPC complaint, police refused FIR, how to file FIR complaint magistrate, section 154 3 CrPC SP, section 175 3 BNSS, affidavit Priyanka Srivastava)&metatag-robots=(index,follow)&metatag-og:title=(Police Refused to File FIR? Section 156 3 CrPC Complaint)&metatag-og:description=(Police refused your FIR? File a Section 156 3 CrPC application before the Magistrate after escalating to the SP, with the affidavit the law now requires.)&metatag-og:type=(article)}}
  
 +====== Police Refused to File FIR? Section 156(3) CrPC Complaint ======
 +
 +<WRAP info>
 +If the police refuse to register your FIR, file a written **Section 156(3) CrPC application** before the jurisdictional Magistrate, but only after you have first complained to the Station House Officer under Section 154(1) and then escalated to the Superintendent of Police under Section 154(3). For any incident after 1 July 2024, the same remedy runs under **Section 175(3) BNSS**, and your application must carry a sworn affidavit.
 +</WRAP>
 +
 +**Short on time?** Jump to the [[#step_by_step_how_to_file_a_section_1563_application|step-by-step]] and copy the [[#ready_156_3_application_and_affidavit_templates|ready application and affidavit templates]] below.
 +
 +===== Why police refuse to register an FIR =====
 +
 +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 remedies ladder you must follow in order =====
 +
 +The courts will reject a Magistrate's application that skips a rung. Follow this exact sequence.
 +
 +  - **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.
 +  - **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.
 +  - **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).
 +
 +==== The affidavit the Supreme Court made compulsory ====
 +
 +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.
 +
 +==== What changed under BNSS from 1 July 2024 ====
 +
 +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:
 +
 +^ Old CrPC ^ New BNSS ^ What it does ^
 +| Section 154 | Section 173 | FIR registration by police |
 +| Section 154(3) | Section 173(4) | Written complaint to the SP |
 +| Section 156(3) | Section 175(3) | Magistrate orders investigation |
 +| Section 200 | Section 223 | Examination of complainant (private complaint) |
 +
 +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.
 +
 +===== Step-by-step: how to file a Section 156(3) application =====
 +
 +==== Step 1: File the FIR complaint with the SHO (Section 154(1) / 173) ====
 +
 +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.
 +
 +==== Step 2: Escalate to the Superintendent of Police (Section 154(3) / 173(4)) ====
 +
 +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.
 +
 +==== Step 3: Prepare the Section 156(3) application and affidavit ====
 +
 +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.
 +
 +==== Step 4: File it before the jurisdictional Magistrate ====
 +
 +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.
 +
 +==== Documents to attach ====
 +
 +  * 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.
 +
 +===== What the Magistrate can do with your application =====
 +
 +The Magistrate has two main routes, and which one is chosen matters a lot for you.
 +
 +  - **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.
 +  - **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.
 +
 +===== A real example =====
 +
 +<WRAP center round box>
 +Dr. Shrawan Kumar Pathak found that a builder had forged his signature on a sale deed in Patna. The SHO refused to register an FIR, calling it a "civil dispute". On day 1 he filed a Section 154(1) complaint and got it diarised. After seven days of silence, he posted a Section 154(3) complaint to the SP by speed post and saved the receipt. Still nothing. On day 20 he filed a Section 156(3) application before the Chief Judicial Magistrate, attaching both complaints and a sworn affidavit. The Magistrate, satisfied that forgery is a cognizable offence and that both prior steps were proven, directed the police station to register an FIR and investigate. Total out-of-pocket cost: under ₹500 in postage and affidavit stamp.
 +</WRAP>
 +
 +===== Ready 156(3) application and affidavit templates =====
 +
 +==== Section 156(3) application (skeleton) ====
 +
 +<code>
 +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)
 +</code>
 +
 +==== Supporting affidavit (skeleton) ====
 +
 +<code>
 +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
 +</code>
 +
 +Adapt the format to your state's court practice. Get the affidavit attested before a notary or the court oath commissioner.
 +
 +===== Frequently asked questions =====
 +
 +==== Which court do I file the Section 156(3) application in? ====
 +
 +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.
 +
 +==== Is there a court fee for a 156(3) application? ====
 +
 +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.
 +
 +==== What is a Zero FIR and can it help me? ====
 +
 +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.
 +
 +==== What if the Magistrate refuses my application? ====
 +
 +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.
 +
 +==== How long does the whole process take? ====
 +
 +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.
 +
 +==== Do I need a lawyer to file it? ====
 +
 +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.
 +
 +===== What to do in the next 30 minutes =====
 +
 +  * 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.
 +
 +===== Next steps and related guides =====
 +
 +Once an FIR is ordered or pending, use RTI to track it. See [[https://righttoinformation.wiki/rti-for-fir-status|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 [[https://righttoinformation.wiki/which-regulator-to-complain-to-india-sebi-rbi-irdai-trai-dgca-hub|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 [[https://righttoinformation.wiki/rti-writ-petition-high-court-article-226-after-cic-sic-order|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 [[https://righttoinformation.wiki/book|The RTI Playbook]].
 +
 +===== Sources =====
 +
 +  * 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.//
 +===== Section 156(3) CrPC complaint to Magistrate when police refuse FIR: Full guide (2026) =====
 +
 +Section 156(3) CrPC complaint to Magistrate when police refuse to register FIR — complete guide:
 +
 +  - **Step 1: What is Section 156(3) CrPC and when to use it?** (a) Section 156(3) — of the Code of Criminal Procedure (CrPC) — empowers — the Magistrate — to direct — the police — to register — the FIR — and investigate — the cognizable — offense, (b) the precondition: (i) the police — must have — refused — to register — the FIR, (ii) the complainant — must have — approached — the police — and the SP — before — approaching — the Magistrate, (c) the Supreme Court — in Priyanka Srivastava v. State of U.P. (2015) — held — that the complainant — must first — approach — the SHO — and then — the SP — under Section 154(3) — before — approaching — the Magistrate — under Section 156(3), (d) the purpose: (i) to ensure — that the police — register — the FIR — and investigate, (ii) to prevent — the misuse — of the Magistrate's — power.
 +  - **Step 2: Step-by-step process for filing 156(3) complaint.** (a) Step 1: Approach the SHO: (i) file — the written — complaint — with the SHO — of the police station — having — the jurisdiction, (ii) obtain — the acknowledgement — receipt, (b) Step 2: Approach the SP: (i) if the SHO — does not register — the FIR — within 7 days, (ii) send — the complaint — by registered post — to the SP — under Section 154(3), (iii) the SP — must direct — the SHO — to register — the FIR, (c) Step 3: Approach the Magistrate: (i) if the SP — does not act — within 7 days, (ii) file — the complaint — under Section 156(3) — before the Judicial Magistrate First Class (JMFC) — having — the jurisdiction, (iii) the complaint — must include: (a) the complaint — to the SHO — and the acknowledgement, (b) the complaint — to the SP — and the postal — receipt, (c) the details — of the offense — and the evidence, (d) the prayer — for the direction — to the police — to register — the FIR — and investigate, (d) Step 4: Magistrate's order: (i) the Magistrate — may direct — the police — to register — the FIR — and investigate — under Section 156(3), (ii) the Magistrate — may take — cognizance — under Section 200 — and examine — the complainant — and the witnesses.
 +  - **Step 3: 156(3) vs Section 200 CrPC comparison table.** (a) Section 156(3): (i) the nature: direction to police to register FIR and investigate, (ii) the preconditions: approach SHO + SP first, (iii) the Magistrate: JMFC, (iv) the result: FIR registered + police investigation, (v) the timeline: police files charge sheet after investigation, (vi) the advantage: police investigates with powers under CrPC, (b) Section 200: (i) the nature: Magistrate takes cognizance and examines complainant on oath, (ii) the preconditions: none, (iii) the Magistrate: JMFC, (iv) the result: complaint case — Magistrate examines witnesses, (v) the timeline: Magistrate conducts the trial, (vi) the advantage: complainant controls the case, (c) Section 190: (i) the nature: Magistrate takes cognizance on complaint/police report/information, (ii) the preconditions: none, (iii) the Magistrate: JMFC, (iv) the result: summons/warrant to accused, (v) the timeline: summons trial, (vi) the advantage: faster — no police involvement, (d) Section 154(3): (i) the nature: escalation to SP when SHO refuses FIR, (ii) the preconditions: SHO refused, (iii) the authority: SP, (iv) the result: SP directs SHO to register FIR, (v) the timeline: SP acts within 7 days, (vi) the advantage: administrative — no court needed.
 +  - **Step 4: What documents to attach with 156(3) complaint.** (a) the complaint — to the SHO — and the acknowledgement — receipt, (b) the complaint — to the SP — and the registered post — receipt — and the tracking — status, (c) the affidavit — of the complainant — with the facts — and the evidence, (d) the supporting — documents: (i) the photos — and the videos, (ii) the medical — report — if any, (iii) the witness — statements — if any, (iv) the bank — statements — and the transaction — records — if any, (e) the list — of the witnesses — with the addresses.
 +  - **Step 5: What happens after the Magistrate's order.** (a) the Magistrate — directs — the police — to register — the FIR: (i) the police — registers — the FIR — under Section 154, (ii) the police — investigates — and files — the charge sheet — under Section 173, (iii) the police — can arrest — the accused — if necessary, (b) the Magistrate — takes — cognizance — under Section 200: (i) the Magistrate — examines — the complainant — and the witnesses — on oath, (ii) the Magistrate — issues — the summons — or the warrant — to the accused, (iii) the Magistrate — conducts — the trial — and delivers — the judgment.
 +  - **Step 6: How to file RTI for police inaction.** (a) the police department — is a public authority — under the RTI Act, (b) the RTI application — can ask: (i) "Provide the action — taken — on the complaint — [number] — filed on [date] — at [police station] — including: (a) the FIR — registration — status, (b) the investigation — status, (c) the reason — for the non-registration — of the FIR", (ii) "Provide the statistics — of the FIR — registration — for the [police station] — for the period [date] to [date] — including: (a) the complaints — received, (b) the FIR — registered, (c) the FIR — refused, (d) the 156(3) — orders — received", (c) the application fee — is Rs 10.
 +  - **Step 7: Practical tips.** (a) always — approach — the SHO — and the SP — before — the Magistrate — as per the Priyanka Srivastava — judgment, (b) keep — the acknowledgement — receipts — and the postal — receipts — as evidence, (c) file — the affidavit — with the 156(3) — complaint, (d) file RTI — with the police — for the action — status — on the complaint, (e) file the First Appeal — within 30 days — of the denial — or the silence, (f) Example: A citizen — filed — the complaint — with the SHO — for the theft — and the SHO — refused — to register — the FIR — and the citizen — sent — the complaint — to the SP — by registered post — and the SP — did not act — for 7 days — and the citizen — filed — the 156(3) — complaint — before the JMFC — with all — the evidence — and the JMFC — directed — the police — to register — the FIR — and investigate — and the police — registered — the FIR — and arrested — the accused — within 15 days.
 +
 +See [[https://righttoinformation.wiki/section-156-3-crpc-complaint-magistrate-police-refused-fir|156(3) CrPC]] and [[https://righttoinformation.wiki/rti-for-vigilance-clearance|Vigilance Clearance RTI]].
 +
 +{{tag>section 156(3) crpc fir magistrate police refused 200 crpc complaint rti india 2026}}