ClauseFlow

Criminal complaint before a Magistrate under the BNSS

Guide · Last verified against the bare Acts on 2026-11-09

When the police do not register or investigate, a person can file a complaint directly before the Magistrate under Section 223 BNSS (formerly Section 200 CrPC), or apply under Section 175(3) BNSS (formerly Section 156(3) CrPC) asking the Magistrate to direct the police to investigate. Under the BNSS, the applicant must first approach the Superintendent of Police under Section 173(4).

Key points

The law: old and new provisions

SubjectLaw nowBefore 1 July 2024
Complaint to a MagistrateSection 223 BNSSSection 200 CrPC
Magistrate may order investigationSection 175(3) BNSSSection 156(3) CrPC
FIRSection 173 BNSSSection 154 CrPC

Which court or authority

The Judicial Magistrate of the First Class having territorial jurisdiction.

What the document should contain

Documents to attach

Procedure

  1. Approach the SHO; if no FIR, send a complaint to the SP under Section 173(4)
  2. File the complaint or Section 175(3) application before the Magistrate with an affidavit
  3. Pre-summoning evidence is recorded; the accused is heard before cognizance; summons issue

Common mistakes

Frequently asked questions

What replaced Section 156(3) CrPC?

Section 175(3) of the BNSS, for matters from 1 July 2024.

Is an affidavit necessary with a Section 175(3) application?

Yes. Following Priyanka Srivastava (2015), courts require the application to be supported by an affidavit, and the BNSS requires prior recourse to the SP.

Criminal Complaint and Section 175(3) Application formats in the library (15)

Related guides

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.