156(3) CrPC In BNSS means the old Section 156(3) of the Code of Criminal Procedure is now Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the rule that lets a Magistrate order the police to investigate.
Introduction: When The Police Station Just Won’t Listen
Meet Ramesh. A familiar face walked off with lakhs of rupees worth of goods from his shop. Ramesh rushed to the police station. The officer listened, sipped his tea and said, “We’ll look into it. Come back later.” A week passed. Then two. Still no FIR.
This is where 156(3) CrPC In BNSS steps in. It is the route that lets an ordinary citizen go to a Magistrate and say, “Please order the police to investigate.” Earlier this power sat in Section 156(3) CrPC. Since BNSS came into force on 1 July 2024, it sits in Section 175(3), with a few fresh conditions attached.
Quick Stats Table
| Point | Detail |
|---|---|
| Topic | Magistrate-ordered police investigation |
| Old provision | Section 156(3), CrPC 1973 |
| New provision | Section 175(3), BNSS 2023 |
| BNSS in force from | 1 July 2024 |
| Who can order | A Magistrate empowered under Section 210 BNSS |
| Offence type | Cognizable (police can act without a warrant) |
| New mandatory paper | Affidavit (sworn statement) |
| Special rule for public servants | Section 175(4) BNSS |
156(3) CrPC In BNSS In Hindi: आसान शब्दों में मतलब
पहले मतलब समझ लें। पुलिस के पास दो रास्ते होते हैं: थाने में FIR दर्ज करना, या शिकायत सुनकर टाल देना। जब पुलिस टालने लगे, तब मजिस्ट्रेट बीच में आता है और पुलिस को लिखित आदेश देता है कि जांच शुरू करो।
156(3) CrPC In BNSS In Hindi में इसे ऐसे बोल सकते हैं: “पुलिस जब अपना काम न करे, तब अदालत से पुलिस को काम पर लगवाने की व्यवस्था।” ध्यान रहे, मजिस्ट्रेट खुद जांच नहीं करता। वह सिर्फ पुलिस को आदेश देता है।
| शब्द | आसान मतलब |
|---|---|
| संज्ञेय अपराध | गंभीर अपराध, जिसमें पुलिस सीधे कार्रवाई कर सकती है (जैसे चोरी, धोखाधड़ी, मारपीट) |
| मजिस्ट्रेट | निचली अदालत का न्यायाधीश |
| जांच का आदेश | पुलिस को लिखित निर्देश कि मामले की जांच करो |
| हलफनामा | शपथ पर लिखा बयान कि मेरी बात सच है |
| पुलिस अधीक्षक (SP) | जिले के पुलिस प्रमुख |
Section 156(3) CrPC In BNSS: What The Provision Actually Says
The old Section 156(3) was a single short line: a Magistrate empowered under Section 190 may order such an investigation. Everything else, such as affidavits and prior complaints, came from Supreme Court rulings.
| Issue | Old: Section 156(3) CrPC | New: Section 175(3) BNSS |
|---|---|---|
| Who can order | Magistrate under Section 190 | Magistrate under Section 210 |
| Affidavit | Required only by court rulings | Written into the law |
| Complaint to SP first | Required by rulings (Section 154(3)) | Written into the law (Section 173(4)) |
| Hearing the police | Not mentioned | Magistrate must consider the police officer’s submissions |
| Inquiry before order | Left to discretion | Magistrate may make such inquiry as he thinks necessary |
| Public servant clause | None | New sub-section (4) |
Corresponding Section Of 156(3) CrPC In BNSS: Old And New Numbers Side By Side
People often ask what happened to the neighbouring sections. Nearly all numbers changed. Knowing the right ones helps when you talk to your lawyer.
The Corresponding Section Of 156(3) CrPC In BNSS is Section 175(3). Related sections are below.
| Subject | CrPC Section | BNSS Section |
|---|---|---|
| Information of a cognizable offence (FIR) | 154(1) | 173(1) |
| Complaint to SP if FIR refused | 154(3) | 173(4) |
| Police power to investigate | 156(1) | 175(1) |
| Police action cannot be questioned | 156(2) | 175(2) |
| Magistrate’s order to investigate | 156(3) | 175(3) |
| Direct complaint to court | 200 | 223 |
| Further inquiry on a complaint | 202 | 225 |
| Power to take cognizance | 190 | 210 |
| High Court’s inherent power | 482 | 528 |
156(3) CrPC In BNSS Which Section: The One-Line Answer
Many people search, “156(3) CrPC In BNSS Which Section?” The answer is Section 175(3). If the complaint is against a public servant for something done in the course of official duty, Section 175(4) joins the picture.
| Question | Answer |
|---|---|
| New number for 156(3) CrPC? | Section 175(3) BNSS |
| Extra section for complaints against public servants? | Section 175(4) BNSS |
| New number for the FIR section? | Section 173 BNSS |
| Section for how an affidavit is sworn? | Section 333 BNSS |
The Application Process, Step by Step
Under Section 156(3) CrPC, now covered by Section 175(3) BNSS, a complainant can approach a Magistrate when the police fail to take action on a cognizable offence. The process generally involves these steps:
| Step | Action | Documents Required |
|---|---|---|
| 1 | Submit a complaint to the police (Section 173(1) BNSS) | Written complaint and receipt |
| 2 | Approach the SP if police take no action (Section 173(4) BNSS) | Complaint copy and proof of submission |
| 3 | Apply to the Magistrate (Section 175(3) BNSS) | Application, affidavit, and details of previous attempts |
| 4 | Magistrate considers the police submission | Police report or submission |
| 5 | Magistrate passes an order, if justified | Copy of the order |
| 6 | Police investigate as directed | Investigation progress records |
The Affidavit And The Magistrate’s Application Of Mind
The Supreme Court has repeatedly said a Magistrate must think before ordering an investigation. A mechanical “investigate this” order is not acceptable. The applicant must also swear to the truth of the claims.
| Requirement | Why it exists |
|---|---|
| Affidavit | To stop false and vengeful applications |
| Prior complaint to SP | To give police a chance to correct themselves |
| Consideration of police submissions | To hear both sides |
| Application of mind in the order | To avoid mechanical orders |
| Cognizable offence | The order applies only to such offences |
Section 156(3) Versus A Direct Complaint (Section 223 BNSS)
This confuses many people. Under 156(3) CrPC, the Magistrate sends the matter to the police. In a direct complaint, the complainant gives evidence in court and the Magistrate examines it personally. The first is quicker to start; the second gives the complainant more control.
| Factor | 156(3) CrPC (now 175(3) BNSS) | Direct complaint (Section 200 CrPC / 223 BNSS) |
|---|---|---|
| Who investigates | Police | Magistrate |
| Best when | Evidence is hard to gather without police | You already hold the evidence |
| FIR registered? | Yes | No |
| Complainant’s role | Application and affidavit | Evidence and witnesses |
| Speed | Usually faster to begin | Usually slower |
Second 156(3) CrPC Application: Can You File Again?
This is the most searched 156(3) CrPC In BNSS question. The law does not expressly ban a second application, but courts watch it closely. Filing again and again on the same facts can be treated as misuse of court time.
A Second 156(3) CrPC Application makes sense when the first was returned for a technical defect, such as a missing affidavit or no prior complaint to the SP.
| Situation | Second application? | Better route |
|---|---|---|
| First returned for no affidavit | Yes, after fixing it | Fresh application with proper papers |
| First returned for no SP complaint | Yes | Complain to SP first, then apply |
| First rejected on merits | Difficult | Revision (Section 438 BNSS) or direct complaint |
| New facts or evidence emerged | Possible | Explain the new facts clearly |
| Second FIR on the same incident | Generally not allowed | See the T.T. Antony principle |
156(3) CrPC Limitation Period: The Truth About Time Limits
Many believe a 156(3) CrPC In BNSS application has a fixed time limit. In fact, neither Section 156(3) nor Section 175(3) contains one. That does not mean you can wait for years.
To understand the 156(3) CrPC Limitation Period, look at Section 468 CrPC (now Section 514 BNSS), which bars a court from taking cognizance of certain lighter offences after a set time.
| Punishment for the offence | Time limit (Section 468 CrPC) |
|---|---|
| Fine only | 6 months |
| Imprisonment up to 1 year | 1 year |
| Imprisonment over 1 year, up to 3 years | 3 years |
| Imprisonment over 3 years | No fixed limit |
Landmark Judgments On 156(3) CrPC: Overview
Several Supreme Court rulings shaped today’s 156(3) CrPC In BNSS rules. These are the Landmark Judgments On 156(3) CrPC that lawyers cite most.
| Judgment | Year | Key point |
|---|---|---|
| Sakiri Vasu v. State of U.P. | 2008 | Magistrate has all powers needed to ensure a proper investigation |
| Lalita Kumari v. Govt. of U.P. | 2013 | FIR is mandatory for a cognizable offence |
| Priyanka Srivastava v. State of U.P. | 2015 | Affidavit and prior complaints to police and SP are required |
| Babu Venkatesh v. State of Karnataka | 2022 | Magistrate cannot order investigation mechanically |
| Om Prakash Ambadkar v. State of Maharashtra | 2025 | Three new conditions under Section 175(3) BNSS |
| Sadiq B. Hanchinmani v. State of Karnataka | 2025 | High Court cannot casually quash a valid Magistrate’s order |
| Ruling on Section 175(4) BNSS (Kerala matter) | Jan 2026 | Section 175(4) must be read with 175(3) |
Legal Case Studies: Court Decisions Made Simple
Each case below follows one format so a beginner can follow it easily.
Case 1: Sakiri Vasu v. State of Uttar Pradesh (2008)
| Element | Explanation |
|---|---|
| Case Name | Sakiri Vasu v. State of U.P. and Others |
| Background | A complainant felt the police were not investigating properly |
| Legal Question | Can a Magistrate oversee a police investigation? |
| Court’s Decision | Yes, the Magistrate has all the powers needed to ensure a proper investigation |
| Legal Principle | The power to order investigation includes the power to make sure it is done properly |
| Why It Matters | Shows that the Magistrate should be your first stop before approaching the High Court |
Case 2: Lalita Kumari v. Government of Uttar Pradesh (2013)
| Element | Explanation |
|---|---|
| Case Name | Lalita Kumari v. Govt. of U.P. and Others |
| Background | A father’s complaint about his missing daughter was not registered promptly |
| Legal Question | Must police register an FIR when a cognizable offence is disclosed? |
| Court’s Decision | Yes. A short, time-bound preliminary inquiry is allowed only in limited categories |
| Legal Principle | Registering a FIR on information of a cognizable offence is a duty |
| Why It Matters | Gives citizens a firm legal footing when a police station stalls |
Complaints Against Public Servants: Section 175(4) BNSS
Unlike Section 156(3) CrPC, Section 175(4) BNSS introduces specific safeguards when allegations concern a public servant acting in the discharge of official duties. The Magistrate must consider a report from the public servant’s superior officer and the public servant’s version before ordering an investigation.
| Condition | What happens |
|---|---|
| Allegation tied to official duty | Section 175(4) applies |
| Superior officer’s report | Magistrate calls for it first |
| Public servant’s version | Must be considered |
| Affidavit with the application | Required |
| January 2026 interpretation | Read 175(4) together with 175(3) |
Legal Myth vs Fact
This table clears them up.
| Myth | Fact |
|---|---|
| If police refuse a FIR, go straight to the Magistrate | You must first approach the police station and the SP |
| An application without an affidavit will do | BNSS makes the affidavit mandatory |
| The Magistrate investigates personally | The police investigate; the Magistrate only orders |
| No fixed time limit means any delay is fine | Delay must be explained or the court may doubt you |
| The order means the accused goes to jail at once | It only triggers a FIR and an investigation |
| Any Magistrate can pass the order | Only one empowered under Section 210 BNSS |
| One rejection closes every door | Revision and direct complaint may remain open |
Conclusion
Section 156(3) CrPC now corresponds to Section 175(3) BNSS. It allows a Magistrate to order a police investigation when a complaint concerns a cognizable offence and the police fail to take appropriate action. Before approaching the Magistrate, the complainant must generally approach the police station and the Superintendent of Police (SP), then submit an application with the required affidavit. The Magistrate examines the application and may order an investigation if the legal conditions are satisfied.
Read Also:
- 183 BNSS
- 194 BNSS in Hindi
- 366 IPC in Hindi
- Section 318 BNS
- 191 BNS in Hindi
- 316 BNS in Hindi
- 305 BNS
- 333 BNS in Hindi
- 306 BNS in Hindi
Frequently Asked Questions
1. Which section replaces 156(3) CrPC in BNSS?
Section 175(3) BNSS replaces 156(3) CrPC.
2. Can I approach the Magistrate directly under 156(3) CrPC?
Generally, approach the police and SP before applying to the Magistrate.
3. Is an affidavit mandatory for 156(3) CrPC?
Yes, Section 175(3) BNSS requires an affidavit.
4. Does a 156(3) CrPC order mean immediate arrest?
No, police investigate first; arrest depends on the facts and law.
5. Can I file a second 156(3) CrPC application?
It may be possible if new facts arise or a defect is corrected.
6. Is there a time limit for 156(3) CrPC?
Section 175(3) has no specific limitation period, but other rules may apply.
7. What if my 156(3) CrPC application is rejected?
Consult a lawyer about possible remedies, such as revision or a complaint.
