1. First File a Complaint at the Police Station
The complainant must first approach the local police station and file a complaint regarding the offence.
If the police refuse to register an FIR, move to the next step.
2. Approach the Senior Police Officer
Under Section 173 BNSS (earlier Section 154(3) CrPC), send the complaint to the Superintendent of Police (SP).
Send it by:
Registered post
Email
Written representation
Keep proof of submission.
3. Prepare the Application Under Section 175(3) BNSS
If the police still do not act, you may approach the Judicial Magistrate.
The application should include :
Details of the complainant
Details of the accused
Facts of the case
Offence committed
Police inaction
Prayer requesting the court to direct registration of FIR
4. Attach Supporting Documents
Important documents usually include:
Copy of complaint filed at police station
Copy of complaint sent to SP
Postal receipts / acknowledgment
Evidence supporting allegations
Affidavit verifying the complaint
5. File the Application Before the Magistrate
Submit the application before the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate having jurisdiction.
Court fees may apply depending on the court rules.
6. Magistrate Examines the Application
The Magistrate may:
Examine the complainant
Verify documents
Hear preliminary submissions.
7. Magistrate May Pass Order for FIR
If satisfied, the Magistrate can order police to:
Register an FIR
Start investigation
8. Police Must Investigate
Once the order is passed:
Police must register FIR
Conduct investigation
Submit report to the court
