In India, when the police fail to register an FIR or do not conduct a proper investigation, the complainant has the legal right to approach the Magistrate under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This provision empowers individuals to seek judicial direction for investigation. To assist complainants and lawyers, we’ve created a detailed checklist for preparing an effective application under Section 173(4) BNSS.
1. Complainant’s (Client’s) Details
Start with the complete personal profile of the complainant. Accurate identification helps establish credibility and jurisdiction:
- Full Name
- Father’s/Mother’s Name
- Age and Date of Birth
- Occupation
- Monthly Income (approximate)
- Present Residential Address
- Permanent Address
- Contact Number
- Email ID
- ID Proof (Aadhaar, PAN, Voter ID, etc.)
2. Jurisdictional Information
Jurisdiction is critical. Ensure you include details of the police station and Magistrate court with authority to act:
- Name and address of the police station where the incident occurred
- Local area where the offence took place
- Name of the Magistrate court where the application will be filed
- Whether the Magistrate has territorial jurisdiction
3. Accused Person(s) Details
Clearly identify each accused. This section must be precise:
- Full name(s) of all accused
- Age(s) and gender
- Complete address(es)
- Occupation(s) / Designation(s)
- Relationship with the complainant (if any)
- Approximate income / social status
4. Details of the Offence/Incident
This is the heart of the application. Describe the incident comprehensively:
- Date(s) and time(s) of the incident(s)
- Location(s) of occurrence
- Complete narration of facts in chronological order
- Specific acts committed by each accused
- Whether the offence is cognizable (based on relevant BNS sections)
- Whether there was any threat to life, bodily harm, theft, cheating, or fraud
- Whether the offence is ongoing or continuing
5. Alleged Offences
Clearly list the offences committed under BNS:
- Voluntarily causing hurt
- Criminal breach of trust
- Cheating
- Outraging modesty
- Criminal intimidation
- Other specific offences (mention relevant sections)
6. Previous Police Complaint Details
If the complainant already approached the police, document everything:
- Was a written complaint or FIR submitted to the police?
- Date and copy of the complaint/FIR (attach)
- Police station and officer’s name/designation
- Did the police register the FIR?
- If not, what reason was given?
- Attach copies of:
- Police complaint
- Postal receipt or speed post proof
- Acknowledgment/Diary number (if any)
- Any response or communication from the police
- Police complaint
7. Available Evidence
Compile and attach all material evidence to support the complaint:
- Audio/video recordings
- Photographs
- Medical reports or MLC (if injury caused)
- Witnesses’ names and preliminary statements
- Documents proving fraud, cheating, abuse, etc.
- Communication records (WhatsApp, emails, social media, calls)
- Bank transaction records (if financial fraud is involved)
8. Witness Details
Witnesses can strengthen the case:
- Names, relationship with the complainant, and contact details
- What they witnessed or heard
- Willingness to testify in court
9. Purpose of Filing the Application
State the objectives clearly to help the Magistrate understand the urgency and legal necessity:
- Direction to the SHO/Police to register an FIR under Section 173(4) BNSS
- Order for fair and impartial investigation
- Prevent destruction or tampering of evidence
- Arrest of accused to prevent further offences
- Urgent judicial intervention due to police inaction or refusal
10. Supporting Documents to Attach
A well-documented application can significantly influence judicial action:
- Affidavit in support of the application
- Copy of the police complaint
- Postal/speed post proof of dispatch
- Reminder letter/email (if any sent to police)
- Medical or legal evidence
- List of witnesses
- Identity proof of complainant
- Index and list of annexures attached with the application
Conclusion
Filing an application under Section 173(4) BNSS is a strong remedy when police fail in their duty to investigate cognizable offences. A well-drafted application, supported by documentary and factual evidence, increases the chances of securing justice and judicial intervention.
Always consult a legal expert or criminal lawyer to ensure the application is comprehensive and adheres to local court procedures.