In India, when a police station refuses to register a First Information Report for a cognizable offence, Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — replacing Section 154(3) of the CrPC — lets the aggrieved person send a written complaint to the Superintendent of Police, and now expressly adds that failing SP action too, an application may be made to the Magistrate under Section 175(3) BNSS.
The situation
A person goes to a police station to report a cognizable offence, and the officer in charge declines to register the FIR — refusing to take down the information, or taking it but not entering it in the station diary. The person wants to know what statutory steps exist to get the FIR registered, and how those steps changed when the CrPC was replaced by the BNSS.
Old law vs new law at a glance
| Issue | CrPC (section) | BNSS (section) | What changed |
|---|---|---|---|
| Duty to record information of a cognizable offence | Section 154(1) | Section 173(1) | Electronic communication added as a valid mode alongside oral information, in addition to the existing written/oral duty |
| Written complaint to the Superintendent of Police on refusal | Section 154(3) | Section 173(4) | Same SP-approach mechanism retained |
| Express next step if the SP also fails to act | Not stated in the text read | Section 173(4): "failing which such aggrieved person may make an application to the Magistrate" | New — an express statutory escalation clause |
| Magistrate's power to order investigation | Section 156(3) — one sentence, no stated pre-conditions | Section 175(3) — requires an affidavit-supported application under Section 173(4), inquiry by the Magistrate, and a submission from the police officer | Modified — conditions added before the Magistrate may act |
| Preliminary enquiry to ascertain a prima facie case, for 3-7 year offences | No equivalent provision in Section 154 as read | Section 173(3) — up to 14 days, with DSP-rank permission | New provision |
| Cognizance of offences by Magistrate | Section 190 | Section 210 | Expanded — complaints under a special law and police reports "submitted in any mode including electronic mode" now named expressly |
| Filing a private complaint if the above routes are exhausted | Section 200 | Section 223 | Modified — accused now gets a pre-cognizance hearing (see dedicated page) |
What the law requires now, step by step
Step 1 — Information is given to the officer in charge
Section 173(1) BNSS carries over Section 154(1) CrPC's duty: information relating to a cognizable offence, given orally, is reduced to writing, read over to the informant, and signed by the person giving it. Section 173(1) BNSS adds that this information may also be given "by electronic communication," in which case it is taken on record once signed within three days.
Step 2 — For a mid-band offence, police may conduct a preliminary enquiry first
Section 173(3) BNSS states:
"on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or (ii) proceed with investigation when there exists a prima facie case."
This 14-day window is new — no equivalent text appears in Section 154 CrPC as read. It applies only to the 3-to-7-year band; it does not affect offences punishable with less, or with seven years or more, death or life imprisonment.
Step 3 — If the FIR is still refused, write to the Superintendent of Police
Section 173(4) BNSS states:
"Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information... may send the substance of such information, in writing and by post, to the Superintendent of Police concerned."
This sentence is materially the same as Section 154(3) CrPC. If the Superintendent is satisfied that the information discloses a cognizable offence, the Superintendent must investigate personally or direct a subordinate officer to, who then has all the powers of an officer in charge of a police station for that offence.
Step 4 — If the Superintendent also fails to act, apply to the Magistrate
This is where the two texts diverge. Section 154(3) CrPC, as read, ends with the subordinate officer's powers — it names no further step. Section 173(4) BNSS continues the same sentence with a clause CrPC did not carry:
"...failing which such aggrieved person may make an application to the Magistrate."
Step 5 — The Magistrate's power to order investigation now has stated conditions
Section 156(3) CrPC was a single line: "Any Magistrate empowered under section 190 may order such an investigation as above-mentioned." Section 175(3) BNSS replaces it with a conditioned power:
"Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned."
Read together with Section 173(4) BNSS, the application to the Magistrate must be supported by an affidavit, and the Magistrate may inquire and hear from the police officer before ordering investigation — none of which Section 156(3) CrPC's bare text required.
Step 6 — The cognizance-taking Magistrate
Section 190 CrPC and Section 210 BNSS both let a Magistrate take cognizance on a complaint of facts, a police report, or information/own knowledge. Section 210(1)(a) BNSS adds "including any complaint filed by a person authorised under any special law," and Section 210(1)(b) BNSS specifies the police report may be "submitted in any mode including electronic mode."
Step 7 — If all else fails, a private complaint
Where the earlier routes do not produce an FIR or an ordered investigation, a person may lay a private complaint before a Magistrate, who examines the complainant and witnesses on oath under Section 223 BNSS (Section 200 CrPC's successor). This guide does not restate the pre-cognizance hearing change at that section — see the dedicated page linked below.
What changed — and what did not
- New provision: Section 173(3) BNSS's preliminary-enquiry window for 3-7 year offences has no counterpart in Section 154 CrPC as read — the enquiry is to be conducted within a period of fourteen days.
- New provision: The words "failing which such aggrieved person may make an application to the Magistrate" in Section 173(4) BNSS do not appear in Section 154(3) CrPC. The Magistrate route existed in practice through Section 156(3) CrPC, but Section 154(3) CrPC's own text did not name it.
- Modified: Section 175(3) BNSS conditions the Magistrate's power to order investigation on an affidavit-supported application, an inquiry, and a police-officer submission. Section 156(3) CrPC contained no such conditions in its text.
- Modified: Section 210 BNSS names special-law complaints and electronic-mode police reports expressly; Section 190 CrPC's cognizance-taking grounds did not use this language.
- Identical in substance: The core SP-complaint mechanism — write in, by post, to the Superintendent of Police, who investigates or directs investigation if satisfied a cognizable offence is disclosed — is carried over from Section 154(3) CrPC to Section 173(4) BNSS almost word for word.
Which law applies to your case
If the refusal to register the FIR, or any step in this ladder, occurred before 1 July 2024, the CrPC's provisions may continue to govern a matter that was already pending under the savings clause at Section 531 BNSS, rather than Section 173 and Section 175 BNSS applying retrospectively. The full rule is set out in Which Law Applies to an Offence Before 1 July 2024. This article does not restate the transition rule beyond that reference.
Practical checklist
For the person whose FIR was refused:
- Keep a written record of the date and place you first gave the information, and to whom.
- If refused, put the substance of your information in writing and send it by post to the Superintendent of Police under Section 173(4) BNSS.
- If the Superintendent does not act, prepare an affidavit under Section 173(4) BNSS to support an application to the Magistrate under Section 175(3) BNSS.
- If the offence falls in the 3-7 year band, ask whether a Section 173(3) BNSS preliminary enquiry was conducted, and whether DSP-rank permission was obtained for it.
For the advocate:
- Verify the punishment bracket of the alleged offence before advising on whether a Section 173(3) BNSS preliminary enquiry could lawfully have been conducted.
- Draft the Section 175(3) BNSS application with the affidavit under Section 173(4) BNSS annexed — the Magistrate's power to order investigation is now conditioned on it.
- Confirm which Magistrate is "empowered under section 210" for the offence and locality before filing.
- Where the SP-Magistrate route is exhausted, prepare for a private complaint under Section 223 BNSS, including the pre-cognizance hearing the accused is entitled to.
Frequently asked questions
What can I do if a police station refuses to register my FIR?
Under Section 173(4) BNSS (the successor to Section 154(3) CrPC), send the substance of your information in writing, by post, to the Superintendent of Police. If the Superintendent is satisfied a cognizable offence is disclosed, they must investigate the case or direct a subordinate officer to. Section 173(4) BNSS adds that if this also fails, the aggrieved person may apply to the Magistrate — wording Section 154(3) CrPC did not contain.
Is the route to a Magistrate for a refused FIR new under the BNSS?
The words naming the Magistrate as the next step are new in Section 173(4) BNSS. Section 156(3) CrPC already gave a Magistrate the power to order an investigation, but Section 154(3) CrPC's refusal-remedy clause itself did not point the aggrieved person toward that Magistrate route — it stopped at the Superintendent of Police.
What do I need to give the Magistrate to get an investigation ordered under BNSS?
Section 175(3) BNSS requires an application supported by an affidavit made under Section 173(4) BNSS, and lets the Magistrate make such inquiry as considered necessary and consider a submission from the police officer, before ordering investigation. Section 156(3) CrPC, by contrast, was a single sentence: the Magistrate empowered under Section 190 CrPC could simply order the investigation.
Can the police delay registering my FIR by first doing a preliminary enquiry?
For a cognizable offence punishable with three years or more but less than seven years, Section 173(3) BNSS lets the officer in charge, with prior permission from an officer not below the rank of Deputy Superintendent of Police, proceed to conduct a preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days, or proceed with investigation when there exists a prima facie case. The sub-section does not itself state how that enquiry relates to recording the information under Section 173(1) BNSS. No equivalent provision appears in Section 154 CrPC as read.
If the Magistrate route also fails, can I still get my complaint heard?
Yes. You can file a private complaint before a Magistrate, who examines you and your witnesses on oath under Section 223 BNSS (replacing Section 200 CrPC). Section 223 BNSS additionally requires the Magistrate to give the accused an opportunity of being heard before taking cognizance — the dedicated page on this section covers that change in full.
Does this remedy ladder apply if the alleged offence happened before 1 July 2024?
The applicable procedure depends on whether any step in your matter was already pending immediately before the BNSS came into force. See the dedicated transition guide for the full rule under Section 531 BNSS.
Related on Veritect
- Section 154 CrPC vs Section 173 BNSS — First Information Report (FIR)
- Section 200 CrPC vs Section 223 BNSS — Private Complaint Procedure
- Filing a Complaint Against a Public Servant: Section 175(4), 218 BNSS vs Section 197 CrPC
- Zero FIR: Mandatory Provisions Under BNSS
- Section 173 BNSS — Zero FIR, New Provisions
- Which Law Applies to an Offence Before 1 July 2024
- Section 156 CrPC vs Section 175 BNSS — Police Investigation and the Magistrate's Direction
- Section 190 CrPC vs Section 210 BNSS — Cognizance of Offences by Magistrate
- Sections 169–170 CrPC vs Sections 189–190 BNSS — Release or Forwarding of the Accused After Investigation
Statutory sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 173(1), (3), (4); Section 175(1)-(4); Section 210(1)-(2); Section 223(1)-(2) (read from BNSS_2023.md)
- Code of Criminal Procedure, 1973 — Section 154(1)-(3); Section 156(1)-(3); Section 190(1)-(2); Section 200 (read from CrPC_1973.md)
This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.