The Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the old Code of Criminal Procedure (CrPC), introduced several important provisions to ensure accountability and transparency in criminal investigations.
One such provision is Section 173(4) BNSS, which empowers a complainant to approach the Magistrate when the police fail to register an FIR or conduct a proper investigation.
This guide provides a detailed checklist for lawyers, law students, and complainants to ensure a proper filing process under Section 173(4) BNSS.
1. Complainant’s (Client’s) Details
Before filing an application, make sure to collect and verify the following details:
- Full Name, Father’s/Mother’s Name
- Age, Occupation, and Monthly Income
- Residential & Permanent Address
- Contact Number and Email ID
- Valid ID Proof (Aadhaar/PAN/Passport etc.)
These details ensure identification and jurisdictional clarity for the case.
2. Jurisdictional Information
The application must clearly mention:
- Name of the Police Station where the offence occurred
- Local area of offence
- Name of the Magistrate Court having jurisdiction
- Confirmation of territorial jurisdiction, as per BNSS rules
3. Accused Person(s) Details
Include accurate information for each accused:
- Full Names, Age, Gender
- Occupation or Designation
- Relationship (if any) with the complainant
- Address and Financial Status
This helps the court identify the parties responsible for the alleged offences.
4. Details of the Offence/Incident
Provide a clear chronological narration of facts, including:
- Date, time, and place of the incident
- Acts committed by each accused
- Whether the offence is cognizable or non-cognizable
- Any physical harm, fraud, or intimidation involved
- Whether the act is a continuing offence
5. Alleged Offences (Under BNS Sections)
Specify applicable offences such as:
- Voluntarily causing hurt
- Criminal breach of trust
- Cheating or fraud
- Criminal intimidation
- Outraging modesty
- Other specific offences (with section references)
6. Previous Police Complaint Details
Section 173(4) BNSS is invoked only after refusal or negligence by police. Include:
- Copy of the written complaint/FIR
- Date and details of submission
- Police station name and officer details
- Reason given for refusal (if any)
- Proof of submission such as postal receipts, acknowledgment slips, or diary numbers
7. Available Evidence
Attach all relevant supporting materials, including:
- Audio/Video recordings
- Photographs
- Medical reports (MLC)
- Witness statements
- Communication records (emails, WhatsApp, calls)
- Bank statements (if financial fraud is alleged)
8. Witness Details
Include:
- Full Names, Relationship with complainant, and Contact details
- Summary of what they saw or heard
- Willingness to appear before court
9. Purpose of Filing Application under Section 173(4) BNSS
The objective is to request the Magistrate for:
- Direction to the SHO/Police to register FIR
- Fair and proper investigation
- Protection of evidence from tampering
- Arrest of accused to prevent further offences
- Early judicial intervention when police show inaction
10. Supporting Documents to Attach
Prepare and attach the following with your application:
- Affidavit in support of complaint
- Copy of previous complaint or FIR
- Postal/speed post receipt
- Reminder letter (if any)
- Medical/legal evidence
- List of witnesses
- ID proof of complainant
- Annexure index with page numbering
Conclusion
Section 173(4) BNSS is a powerful remedy for victims when police authorities fail to perform their duties.
By following this checklist, complainants and their counsel can file a legally sound and complete application before the Magistrate, ensuring that justice is not delayed due to administrative negligence.
Proper documentation, timely submission, and clear evidence presentation play a crucial role in obtaining a favorable order from the court.