Section 156(3) CrPC (Now BNSS 175(3)): Getting a Magistrate to Order an FIR (2026)
What to do when the police refuse to register your FIR: how a Magistrate can order one under Section 156(3) CrPC, how it works under Section 175(3) BNSS, and how it differs from a private complaint.
Explainer · Criminal Procedure
Section 156(3) CrPC lets a Magistrate direct the police to register an FIR and investigate a cognizable offence when they have refused to do so. Under the new code, the same power is in Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This guide explains when to use it, how the application works, how it differs from a private complaint, and what extra conditions courts now expect. Last verified October 2026.
- What it is: a Magistrate’s power to direct the police to register an FIR and investigate a cognizable offence.
- New code: Section 175(3) BNSS 2023 replaces Section 156(3) CrPC.
- When: only after the police refuse and the Superintendent of Police also fails to act.
- What you need: a written application, proof of earlier attempts, and a supporting affidavit.
- Different route: a private complaint (Section 200 CrPC) asks the Magistrate to take cognizance instead.
01The problem: police will not register the FIR
A person goes to the police station with a serious complaint. The officer says it is a civil matter, or asks them to come back later, or simply does not write it down. This happens often, and it leaves the victim with no case and no investigation.
The law does not leave the victim helpless. The Code of Criminal Procedure gives a ladder of remedies. First you go to the station house officer. Then you write to the Superintendent of Police. If both fail, you can go to the Magistrate. Section 156(3) is that third step.
It applies only to cognizable offences, where the police can investigate without a Magistrate’s permission. If you are unsure whether your offence is one of these, read our guide on cognizable vs non-cognizable offences first.
02When to use Section 156(3)
Section 156(3) is not the first step. It is a remedy after the earlier steps have failed. In practice, use it when:
- The offence is cognizable, and the police refused to register an FIR under Section 154(1) CrPC (now Section 173 BNSS).
- You then sent the complaint in writing to the Superintendent of Police under Section 154(3) CrPC (now Section 173(4) BNSS), and nothing happened.
- The matter needs a real police investigation, such as seizure, arrest, or collection of records that only the police can do.
For the first two steps in detail, see our explainer on Section 154 CrPC and how an FIR is registered.
Why police power matters here
If your case needs the police to search, seize or arrest, a Section 156(3) order is usually the better route. A private complaint leaves evidence-gathering to you, which can be hard in many cases.
03The application process
The steps below are the usual practice. Check local court rules before filing.
- Try the police first. Give your complaint to the station house officer. Keep proof, such as a postal receipt or an acknowledgement.
- Write to the Superintendent of Police. Send the same complaint by post or in person. Keep proof of this too.
- Draft the application. File it before the Magistrate with jurisdiction. State the facts, the offence made out, the dates you approached the police, and the relief you want: a direction to register an FIR and investigate.
- Attach documents and an affidavit. Include copies of your earlier complaints, proof of sending them, and the affidavit described below.
- The Magistrate decides. The Magistrate reads the application and may order the police to register an FIR and investigate. The Magistrate may also ask for a police report first. Under the BNSS this step is now clearer.
- The police register the FIR. After the order, the police register the FIR and investigate. They file their report in the usual way.
The Magistrate is not forced to order an FIR. If the application shows no cognizable offence, it can be refused. A well drafted application with clear facts gives the best chance.
04156(3) vs a private complaint
There are two different routes to a Magistrate. People often mix them up.
| Point | Section 156(3) application | Private complaint (Section 200 CrPC) |
|---|---|---|
| What you ask for | Police to register an FIR and investigate | The Magistrate to take cognizance and examine you and your witnesses |
| Who gathers evidence | The police | You, the complainant |
| Stage | Before cognizance, at the investigation stage | At the cognizance and inquiry stage |
| Offence type | Cognizable only | Cognizable or non-cognizable |
| Good when | Police power is needed | You already hold the evidence, or the offence is non-cognizable |
| BNSS section | Section 175(3) | Section 223 |
A simple way to choose: if you need the police to do the digging, use Section 156(3). If you have your own evidence and witnesses ready, a private complaint may be faster and cleaner.
05The affidavit and prior applications
Courts saw many misuse cases, where people used Section 156(3) to pressure others without ever approaching the police properly. The Supreme Court responded in Priyanka Srivastava v. State of U.P. (2015). It said an application under Section 156(3) must be supported by an affidavit, and that the applicant must show earlier attempts under Sections 154(1) and 154(3).
The BNSS has written this expectation into the statute itself. Under Section 175(3), the application should be supported by an affidavit. The applicant should also show that they approached the police under Section 173(3) and sent the complaint to the Superintendent of Police under Section 173(4).
The BNSS also adds a change in how the Magistrate acts. Before ordering an FIR, the Magistrate is to consider what the police have to say about the refusal, and may hold an inquiry. Courts have discussed this shift from the older, more automatic practice. Read the latest High Court and Supreme Court rulings before you file.
Special care applies when the accused is a public servant. Section 175(4) BNSS adds further conditions in that case, so check it before filing.
06CrPC 156(3) to BNSS 175(3) mapping
The BNSS replaced the CrPC for offences and processes beginning on or after 1 July 2024. For FIR related steps, the mapping is as follows.
| Step | CrPC (old) | BNSS 2023 (new) |
|---|---|---|
| Give information to the police | Section 154(1) | Section 173(1) |
| Write to the Superintendent of Police | Section 154(3) | Section 173(4) |
| Magistrate directs police to investigate | Section 156(3) | Section 175(3) |
| Private complaint to a Magistrate | Section 200 | Section 223 |
Old cases filed under the CrPC continue to be read under the CrPC. For anything new, cite the BNSS section and, where useful, mention the old CrPC section too, since older judgments use it.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
For a Section 156(3) or 175(3) application, the hard part is the law behind it. Claw’s AI-based case search helps you find Supreme Court and High Court judgments on the affidavit requirement and on Magistrate powers, with court-ready citations, and its case management tracks hearings and dates once your application is filed. Claw does not use customer case documents to train AI models. If your practice also covers contracts, see our guide to AI contract review software in India.
08Sources and further reading
- Code of Criminal Procedure and BNSS bare Acts: indiacode.nic.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This is general information, not legal advice. Check the current text of the Act and recent rulings before you file.
09Frequently asked questions
What is Section 156(3) CrPC?
Section 156(3) CrPC allows a Magistrate to order the police to investigate a cognizable offence. In practice, it is used when the police refuse to register an FIR. The Magistrate directs them to register the FIR and investigate.
How do I file a Section 156(3) application?
First complain to the police under Section 154(1) and write to the Superintendent of Police under Section 154(3). If nothing happens, file a written application before the Magistrate, with copies of your earlier complaints, proof of sending them, and a supporting affidavit. Under the BNSS, the same steps apply under Sections 173 and 175.
What is the difference between 156(3) and a private complaint?
A Section 156(3) application asks the Magistrate to make the police register an FIR and investigate. A private complaint under Section 200 CrPC asks the Magistrate to take cognizance and record your evidence directly. Use 156(3) when you need police powers. Use a private complaint when you already have the evidence, or when the offence is non-cognizable.
What is the BNSS equivalent of Section 156(3) CrPC?
Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It carries the same power, with added conditions such as a supporting affidavit and more attention to the police response before the Magistrate orders an FIR.
Is an affidavit compulsory with a 156(3) application?
Yes, courts now expect one. The Supreme Court required it in Priyanka Srivastava v. State of U.P., and the BNSS builds it into Section 175(3).
Can I use Section 156(3) for a non-cognizable offence?
No. Section 156(3) applies to cognizable offences. For a non-cognizable offence, the usual route is a complaint to the Magistrate. See our guide on cognizable and non-cognizable offences for the difference.