When the police refuse or fail to register an FIR, Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides a powerful legal remedy. Under this provision, an aggrieved person can approach the Judicial Magistrate seeking directions to the police for FIR registration and proper investigation.
This article provides a step-by-step checklist to ensure that a Section 173(4) BNSS application is complete, legally sound, and effective.
1. Complainant’s (Client’s) Details
The application must clearly mention:
- Full Name
- Father’s/Mother’s Name
- Age and Date of Birth
- Occupation
- Approximate Monthly Income
- Present Residential Address
- Permanent Address
- Contact Number
- Email ID
- Identity Proof (Aadhaar / PAN / Voter ID)
These details establish the complainant’s identity and locus standi.
2. Jurisdictional Information
To confirm the Magistrate’s authority:
- Name and address of the police station where the incident occurred
- Local area/place of offence
- Name of the Magistrate Court where the application is filed
- Confirmation of territorial jurisdiction
Jurisdiction is mandatory for maintainability of the application.
3. Accused Person(s) Details
Provide complete particulars of each accused:
- Full Name(s)
- Age(s) and Gender
- Complete Address(es)
- Occupation / Designation
- Relationship with the complainant (if any)
- Approximate income or social status
Clear identification prevents ambiguity during investigation.
4. Details of the Offence / Incident
This section is the heart of the application:
- Date and time of incident(s)
- Place of occurrence
- Complete narration of facts in chronological order
- Specific role and acts of each accused
- Whether the offence is cognizable under BNS
- Whether threats, violence, cheating, fraud, or intimidation occurred
- Whether the offence is continuing in nature
Facts should be precise, truthful, and sequential.
5. Nature of Alleged Offences
Mention applicable offences such as:
- Voluntarily causing hurt
- Criminal breach of trust
- Cheating
- Outraging modesty
- Criminal intimidation
- Any other offence under BNS or special laws
Correct classification strengthens the application.
6. Previous Police Complaint Details
If the complainant already approached the police:
- Date of complaint/FIR submission
- Police station name
- Name/designation of police officer
- Whether FIR was registered or refused
- Reason given by police (if any)
Attach copies of:
- Written police complaint
- Speed post/registered post receipt
- Acknowledgment or diary number
- Any reply received from police
This proves police inaction or refusal.
7. Available Evidence
Attach all supporting material:
- Audio or video recordings
- Photographs
- Medical reports or MLC (if injuries occurred)
- Witness statements
- Documents proving cheating, fraud, or trespass
- Call records, WhatsApp chats, emails, social media posts
- Bank transaction details (if financial fraud involved)
Evidence adds credibility to the complaint.
8. Witness Details (If Any)
For each witness:
- Name and relationship with complainant
- What the witness saw/heard
- Contact details
- Willingness to testify before court
Independent witnesses significantly strengthen the case.
9. Purpose of Filing Section 173(4) Application
The prayer clause may seek:
- Direction to SHO to register FIR
- Direction for fair and impartial investigation
- Prevention of tampering with evidence
- Arrest of accused to prevent further offence
- Immediate action due to police inaction
Clear prayers help the Magistrate pass effective orders.
10. Supporting Documents to be Attached
Mandatory enclosures include:
- Affidavit in support of application
- Copy of police complaint
- Proof of dispatch (postal receipts)
- Reminder letters/emails (if sent)
- Medical or legal documents
- List of witnesses
- Identity proof of complainant
- Index and list of annexures
Incomplete documents may delay relief.
Conclusion
Section 173(4) BNSS is a crucial safeguard against police inaction. A properly drafted application with complete facts, evidence, and documents enables the Magistrate to ensure registration of FIR and lawful investigation.
Following this checklist will greatly improve the chances of success before the court.