Section 156(3) CrPC in BNSS: Section 175(3) New Rules

Section 156(3) of the CrPC, under which a Magistrate could order the police to investigate (and register an FIR), is now Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), from 1 July 2024. The power remains, but it now comes with conditions written into the statute: the application must be supported by an affidavit, it must follow an application to the Superintendent of Police under Section 173(4), and the Magistrate must consider the police officer’s submission before ordering investigation.

What Section 175(3) BNSS provides

Section 175(1) gives the officer in charge of a police station power to investigate a cognizable case without a Magistrate’s order. Section 175(3) is the safety valve when the police do not act. A Magistrate empowered under Section 210 may order an investigation of the kind described in sub-section (1).

The power can now be used only on an application “supported by an affidavit” made under Section 173(4). Before ordering investigation, the Magistrate may make whatever inquiry he considers necessary and must consider the submission of the police officer on the matter.

The route through Section 173(4)

Section 173(4) says that a person aggrieved by the station officer’s refusal to record information can send the substance of it, in writing and by post, to the Superintendent of Police. If the SP is satisfied that a cognizable offence is disclosed, he investigates himself or directs a subordinate to do so. If this does not work, the person may then apply to the Magistrate. In short, the ladder is: police station, SP, Magistrate.

What changed from Section 156(3) CrPC

• Affidavit now statutory: Under the CrPC, the affidavit requirement came from case law (Priyanka Srivastava, 2015). The BNSS writes it into the section.
• SP step is a precondition: Section 175(3) expressly links the application to Section 173(4). In XXX v. State of Kerala (27 January 2026), the Supreme Court called the approach to the SP a mandatory precondition to the Magistrate’s jurisdiction.
• Inquiry by the Magistrate: The Magistrate may make such inquiry as he thinks necessary before ordering investigation.
• Police officer’s submission: The Magistrate must consider what the police officer says on the refusal before passing an order. This is new.
• Complaints against public servants: Section 175(4) is new. Where the complaint concerns acts in the course of official duty, the Magistrate needs a report on the facts from the public servant’s superior officer and must consider the public servant’s own account.

Important case law

Priyanka Srivastava v. State of U.P. (2015)

The Supreme Court noticed that Section 156(3) applications were being filed casually, often to settle scores. It held that such applications must be supported by an affidavit sworn by the applicant, so that the applicant takes responsibility and can be prosecuted if the affidavit is false. It also required prior use of the remedies under Sections 154(1) and 154(3). The BNSS has now written these requirements into the statute.

Om Prakash Ambadkar v. State of Maharashtra (2025)

Reported as 2025 INSC 139, a bench of Justices J.B. Pardiwala and R. Mahadevan set aside a mechanical order directing registration of an FIR. It explained the three changes in Section 175(3): the SP application with affidavit, the Magistrate’s inquiry, and consideration of the police officer’s submission. It said these add accountability and help the Magistrate give reasoned orders.

XXX v. State of Kerala (2026)

Decided on 27 January 2026 by Justices Dipankar Datta and Manmohan, the Court held that Section 175(4) is an extension of Section 175(3), so a complaint against a public servant must also satisfy the affidavit and SP-first conditions. An oral complaint does not qualify.

Common confusions

• Investigation order vs complaint case: Under Section 175(3), the Magistrate sends the matter to police for investigation. Alternatively, the Magistrate can treat the matter as a complaint and proceed under Sections 223 to 226 BNSS (old Sections 200 to 203 CrPC) by examining the complainant and witnesses.
• Pre-cognizance stage: An order under Section 175(3) is made before cognizance. It is not a summoning order against the accused.

Practical guide for the public

Step 1: Give your written information at the police station. Keep a copy with the receiving stamp, or proof of any online submission.

Step 2: If the police refuse to register, send a written application with the substance of your information to the Superintendent of Police (or Deputy Commissioner in commissionerate cities) by post, as Section 173(4) requires. Keep the postal receipt and tracking proof.

Step 3: If no action follows within a reasonable time, file an application under Section 175(3) BNSS before the jurisdictional Magistrate. Attach copies of the station application, the SP application and postal proof, along with your affidavit verifying the facts. Be truthful: a false affidavit exposes you to prosecution.

Step 4: The Magistrate will usually call for a report or the police officer’s submission before deciding. If the complaint is against a public servant for an act in official duty, expect the Magistrate to seek a report from that officer’s superior.

Exam angle

• Section 156(3) CrPC = Section 175(3) BNSS; Section 154(3) CrPC = Section 173(4) BNSS.
• Three new conditions in 175(3): affidavit-backed application under 173(4), Magistrate’s inquiry, police officer’s submission.
• Section 175(4) is new: superior officer’s report for complaints against public servants.
• Priyanka Srivastava (2015) first required the affidavit; the BNSS codified it.
• Magistrate’s power flows from Section 210 BNSS (old Section 190 CrPC).

Frequently asked questions

What is the new section for 156(3) CrPC?

It is Section 175(3) of the BNSS, 2023, which applies from 1 July 2024.

Is an affidavit compulsory for an application under Section 175(3) BNSS?

Yes. The section itself requires the application to be supported by an affidavit.

Can I go directly to the Magistrate if police refuse to file my FIR?

No. You must first send your application to the Superintendent of Police under Section 173(4); the Supreme Court has called this a mandatory precondition.

Will the police be heard before the Magistrate orders an FIR?

The Magistrate must consider the submission of the police officer before ordering investigation under Section 175(3).

How is a complaint against a police officer or other public servant handled?

Under Section 175(4), for acts in official duty, the Magistrate needs a report from the superior officer and must consider the public servant’s version, in addition to the Section 175(3) conditions.

Quick quiz

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 173, 175, 210
• Code of Criminal Procedure, 1973: Sections 154 and 156
• Priyanka Srivastava v. State of U.P., Supreme Court, 2015
• Om Prakash Ambadkar v. State of Maharashtra, 2025 INSC 139
• XXX v. State of Kerala, Supreme Court, 27 January 2026

This page is for education and general information, not legal advice for a specific case.