BANTHRY PREP · GUIDES

When the police will not register your FIR: two drafts

Banthry Prep. General information, not legal advice. Fill the blanks, remove what does not apply, and have a lawyer check the final text where you can. Section numbers are from the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Draft 1: Letter to the Superintendent of Police (Section 173(4) BNSS)

Send by Registered Post or Speed Post. Keep the postal receipt and the tracking printout.

To,

The Superintendent of Police / Deputy Commissioner of Police,

[District / Zone], [Address]

Date: [DD/MM/YYYY]

Subject: Refusal to register FIR at [Police Station]; information under Section 173(4) BNSS

Sir / Madam,

  1. I, [Name], son/daughter/wife of [Name], aged [ ] years, resident of [Address], phone [ ], submit this information.
  2. On [date] at about [time], at [place], the following happened: [short factual account: who, what, when, where; amounts, documents, injuries].
  3. These facts disclose cognizable offences, including [describe the offence; add sections of the Bharatiya Nyaya Sanhita, 2023 if known].
  4. On [date] I gave this information to the Station House Officer, [Police Station], [orally / in writing, copy attached]. The officer refused to register an FIR. [Reason given, if any; name or designation of the officer, if known.]
  5. Under Section 173(4) BNSS I send the substance of this information to you in writing. I request that you investigate the case yourself or direct a subordinate officer to investigate, and that an FIR be registered.
  6. I attach: [copy of complaint given at the station; any acknowledgement; documents, photos, medical papers].

Yours faithfully,

[Signature]

[Name]

Draft 2: Application to the Magistrate (Section 175(3) BNSS)

File before the Judicial Magistrate / Metropolitan Magistrate with jurisdiction over the place of the offence. Court fee and filing practice vary; ask at the court's filing counter or a lawyer.

IN THE COURT OF THE [JUDICIAL / METROPOLITAN] MAGISTRATE, [PLACE]

[Name], [Address] ... Applicant

versus

The State, through the Station House Officer, [Police Station] ... Respondent

APPLICATION UNDER SECTION 175(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

  1. The applicant gave information of cognizable offences to the Station House Officer, [Police Station], on [date]. The officer did not register an FIR.
  2. On [date] the applicant sent the substance of the information in writing, by post, to the Superintendent of Police under Section 173(4) BNSS. Postal receipt no. [ ] dated [ ] is attached. [No action has been taken / the reply received is attached.]
  3. Facts: [same factual account as in the SP letter].
  4. These facts disclose cognizable offences, including [describe].
  5. An affidavit of the applicant in support of this application is attached.

PRAYER: The applicant requests that this Court direct the Station House Officer, [Police Station], to register an FIR and investigate, under Section 175(3) BNSS, and pass any other order it thinks fit.

Place: [ ] Date: [ ]

[Signature of applicant]

Attachments: affidavit; copy of the complaint at the station; copy of the letter to the SP with postal receipt and tracking; supporting documents.

Affidavit (short form)

I, [Name], [age], resident of [Address], state on oath:

  1. The facts in the attached application are true to my knowledge.
  2. I gave the information to the police station on [date] and sent it to the Superintendent of Police by post on [date].

Deponent: [Signature]

Verification: Verified at [place] on [date] that the contents above are true and correct to my knowledge, and nothing material is concealed.

[Signature, to be attested by a Notary or Oath Commissioner]

Banthry Prep · banthry.in · General information, not legal advice.