Criminal Complaint under Section 156(3) CrPC (India)

A Criminal Complaint under Section 156(3) CrPC in India sets out the complainant's allegations and the relief sought from the authority or forum it is addressed to.

Section 156(3) CrPC empowers a Magistrate to direct the Officer-in-Charge of a police station to investigate any cognisable offence. The Supreme Court of India in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 — a Constitution Bench decision — held that registration of an FIR by the police is mandatory upon receipt of information disclosing a cognisable offence under Section 154(1) CrPC. Non-registration is illegal, and the aggrieved complainant can first complain to the Superintendent of Police under Section 154(3) CrPC, and if the SP also fails to act, approach the Magistrate under Section 156(3).

The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), which came into force on 1 July 2024 and replaced the CrPC 1973, renumbers Section 156(3) as Section 175(3) and introduces an important change: petitions under Section 175(3) must now be accompanied by an affidavit verifying the facts. The BNSS also introduces Zero FIR provisions under Section 173(1) (proviso) allowing any police station to register an FIR regardless of jurisdiction and transfer it to the appropriate station within 15 days.

Section 156(3) petitions are filed before a Judicial Magistrate having jurisdiction over the area where the police station is located or where the cause of action arose. The petition does not require payment of court fees under the Court Fees Act 1870, as it is a complaint and not a suit. The Magistrate's direction under Section 156(3) binds the police to register the FIR — disobedience of such a direction can attract contempt of court proceedings and departmental action against the errant police officer.

The Bharatiya Nyaya Sanhita 2023 (BNS), which replaced the Indian Penal Code 1860 on 1 July 2024, and the Bharatiya Sakshya Adhiniyam 2023 (BSA), which replaced the Indian Evidence Act 1872, are the companion legislations. Complaints filed after 1 July 2024 must reference the BNS offence provisions (e.g., Section 318 BNS for cheating — Section 318(4) BNS where the cheating dishonestly induces delivery of property, Section 316 BNS for criminal breach of trust, Section 303 BNS for theft, Section 85 BNS for cruelty by husband) rather than the IPC sections, while complaints filed before 1 July 2024 that are still pending continue under the CrPC/IPC framework.

Under the BNS 2023, cheating is an offence under Section 318 — and cheating with dishonest inducement to deliver property falls under Section 318(4) — while criminal breach of trust is a distinct offence under Section 316. The two are antithetical and cannot be charged together on the same facts (cheating involves dishonest intent from the outset, whereas criminal breach of trust involves property lawfully received and later misappropriated).

A Section 156(3) CrPC petition (or Section 175(3) BNSS for complaints after 1 July 2024) is the correct remedy whenever a cognisable offence has been committed and the police have refused or neglected to register an FIR despite a proper complaint being made.

Police refusal to register FIR is the primary trigger. Under the Lalita Kumari judgment (2014), police are legally mandated to register FIRs for cognisable offences — refusal is illegal. When a person approaches the police station with information about cheating under Section 420 IPC (Section 318(4) BNS), criminal breach of trust under Section 406 IPC (Section 316 BNS), or domestic violence under Section 498A IPC (Section 85 BNS), and the police decline to register the FIR citing civil dispute, absence of evidence, or other reasons, a Section 156(3) petition is the immediate remedy.

Police inaction after complaint is accepted also justifies the petition. When a written complaint was delivered to the police station and acknowledged, but no FIR was registered and no investigation commenced within a reasonable period (typically 7–15 days), the complainant may file the petition citing the police's failure to register the FIR under Section 154(1) CrPC.

Complaint to Superintendent of Police not acted upon forms a prior step. Under Section 154(3) CrPC, before approaching the Magistrate under Section 156(3), the complainant should ideally complain in writing to the Superintendent of Police (SP) or Commissioner of Police. Where the SP also fails to act within 3–7 days, the Section 156(3) petition before the Magistrate is the next step, demonstrating exhaustion of prior remedies.

Cybercrime, economic offences, and corporate fraud where police are reluctant to investigate without 'preliminary enquiry' documents — particularly cheating by company promoters, investment fraud, insurance fraud, and financial statement fraud — frequently require Section 156(3) petitions before the Chief Judicial Magistrate or the Special Court designated for economic offences.

Property disputes involving criminal elements — fraudulent registration of property, forgery of sale deeds, impersonation of rightful owner — are cognisable offences under IPC/BNS where police often treat the matter as a civil dispute. A Section 156(3) petition forces the registration of an FIR, triggering forensic document examination and investigation.

A Section 156(3) CrPC petition (or Section 175(3) BNSS) must contain specific elements to succeed before the Magistrate and result in a direction to the police to register an FIR.

Court heading and jurisdiction must correctly identify the Magistrate's court — the Judicial Magistrate of First Class or Chief Judicial Magistrate having jurisdiction over the police station or the area where the offence occurred. For BNSS petitions filed after 1 July 2024, the court title should reference the BNSS.

Parties must be identified as the petitioner (complainant) with full name, address, and Aadhaar/ID details, and the respondents — typically the State (through the police station) and the principal accused persons. The Officer-in-Charge of the relevant police station may be named as a respondent to establish that the police were approached.

Facts constituting the cognisable offence must be set out chronologically and with precision. The petition must describe the specific acts of the accused that constitute offences — naming the relevant sections of IPC/BNS and any special statute (Prevention of Corruption Act 1988, IT Act 2000, PMLA 2002, POCSO Act 2012, etc.). Vague allegations without specific facts fail to disclose a cognisable offence and will not result in a direction.

Evidence of police approach must be exhibited: a copy of the written complaint submitted to the police station under Section 154(1) CrPC; the police's acknowledgement receipt (diary entry number); any written refusal from the police; and the complainant's complaint to the Superintendent of Police under Section 154(3) CrPC if made, along with the SP's response or non-response.

Prayer clause must specifically seek: a direction under Section 156(3) CrPC / 175(3) BNSS to the Officer-in-Charge of the named police station to register an FIR and conduct an investigation; any ex parte interim relief (such as protection of the complainant or preservation of evidence); and any other consequential relief.

Affidavit in support is mandatory under the BNSS 2023 for petitions filed after 1 July 2024. The affidavit must be sworn by the petitioner before a Notary or First Class Magistrate, verifying all facts stated in the petition. Under the CrPC (for petitions before 1 July 2024), an affidavit was best practice though not statutorily mandated — most Magistrates required one in practice.

Documentary exhibits must be thorough: copies of the FIR complaint submitted to the police; acknowledgement receipt from the police; complaint to SP if made; any documents evidencing the offence (contracts, receipts, bank statements, property documents, medical records, communications with accused); and any other evidence establishing the commission of the cognisable offence.

Identification of offences under BNS/IPC must correctly cite the relevant penal provision — for complaints after 1 July 2024, cite BNS sections; for complaints before that date, cite IPC sections. Citing both (IPC section and BNS equivalent) is advisable during the transitional period for clarity.

Additional compliance elements for a Criminal Complaint under Section 156(3) CrPC (India) used in India include: Criminal complaints in India are governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the Bharatiya Nyaya Sanhita (BNS) 2023, and the Bharatiya Sakshya Adhiniyam (BSA) 2023, which replaced the Code of Criminal Procedure 1973, the Indian Penal Code 1860, and the Indian Evidence Act 1872 respectively from 1 July 2024. Forms-legal.com provides this template as a starting point for India-compliant documentation.