⚖️ Section 173(3) BNSS – Alternative to Section 156(3) CrPC
What is BNSS, 2023?
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaces the Criminal Procedure Code (CrPC), 1973. It came into force on 1st July 2024, and brings major procedural reforms in the criminal justice system of India.
Under BNSS, Section 156(3) of CrPC is now replaced by Section 173(3) of BNSS.
📚 What Does Section 173(3) BNSS Say?
“If a person approaches the police with a complaint of a cognizable offence and the police refuses to register an FIR, the person may approach the Magistrate. The Magistrate, if satisfied, may direct the police to investigate the matter.”
This provision is functionally similar to the old Section 156(3) CrPC, empowering citizens to seek justice through judicial oversight when police fail to act.
✅ Key Points of Section 173(3) BNSS
- Gives power to the Magistrate to order investigation in a cognizable offence.
- Citizens can approach the court when the police refuses to register an FIR.
- Emphasis on transparency, digitization, and timely justice.
- The process remains mostly the same but with greater accountability and use of digital platforms.
📝 Step-by-Step Process Under Section 173(3) BNSS
- Attempt to register FIR at the police station.
- If the FIR is not registered, file a written complaint before the Magistrate.
- Submit the application under Section 173(3) BNSS, along with:
- Copy of the police complaint
- Evidence and documents
- Affidavit
- Magistrate may direct police to register an FIR and investigate.
💡 Documents Required
- Original complaint copy given to police
- Any proof of police inaction (reply, diary entry, etc.)
- Supporting documents/evidence (screenshots, call recordings, photographs, etc.)
- Identity proof of the complainant
- Affidavit stating the truth of the complaint
📌 Why is This Important?
Many victims are denied justice when police refuse to register FIRs. Section 173(3) BNSS gives power to the people to bypass police inaction and directly approach the court for relief.
💼 How Law Compliance India Helps You
We assist you in:
✅ Drafting BNSS 173(3) applications professionally
✅ Preparing supporting documents and affidavit
✅ Representing you before the Magistrate
✅ Ensuring compliance with the updated BNSS procedure
✅ Offering legal support throughout the process
📞 Need Help? Contact Us Now
Don’t let police inaction stop your right to justice. Our expert legal team at Law Compliance India is ready to help you navigate the new criminal justice system under BNSS.