Magisterial Inquiry Before Ordering FIR An Additional Safeguard U/Section 175(3) BNSS, Prevents Unnecessary Police Use
Magisterial Inquiry Before Ordering FIR – Section 175(3) BNSS
Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the successor of Section 156(3) CrPC. It deals with the Magistrate’s power to direct the police to register an FIR and investigate when the police have refused to do so.
But unlike the old CrPC, the BNSS introduces safeguards to prevent misuse and unnecessary police involvement.
🔹 Text & Essence of Section 175(3) BNSS
A Magistrate, before ordering registration of an FIR or directing investigation:
Must consider the application supported by an affidavit (sworn statement of the complainant).
Can conduct a preliminary judicial inquiry if necessary.
Must hear the submissions of the concerned police officer before passing an order.
The Magistrate must record reasons in writing to justify the order.
Thus, automatic mechanical FIRs are avoided; judicial scrutiny acts as a filter.
🔹 Purpose / Safeguard
Prevents frivolous complaints and harassment of citizens.
Stops misuse of judicial powers for pressuring police.
Balances right to justice of complainants with the rights of accused persons.
Ensures application of judicial mind before compelling investigation.
This is a new safeguard compared to Section 156(3) CrPC, where sometimes FIRs were ordered mechanically.
🔹 Important Case Laws
Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1
Constitution Bench: Registration of FIR is mandatory when information discloses cognizable offence.
However, it allowed preliminary inquiry in cases of matrimonial disputes, commercial offences, medical negligence, etc.
BNSS 175(3) reflects this reasoning.
Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287
SC held: Applications under 156(3) CrPC must be supported by an affidavit to prevent abuse.
This safeguard is now codified in BNSS 175(3).
Om Prakash Ambadkar v. State of Maharashtra (SC, 2025)
SC clarified that Section 175(3) BNSS requires judicial application of mind.
Magistrate cannot mechanically direct investigation; must consider affidavit + hear police officer.
Orissa HC, Feb 2025 (SCConline report)
Reiterated: Before ordering investigation under Section 175(3), Magistrate must hear the police officer and pass a reasoned order.
🔹 Conclusion
Section 175(3) BNSS introduces judicial safeguards in the FIR registration process, unlike old CrPC provisions. It:
Protects citizens from unnecessary police action,
Ensures judicial oversight, and
Aligns with Supreme Court rulings like Lalita Kumari and Priyanka Srivastava.
👉 In short: A Magistrate’s inquiry before FIR is an additional safeguard against misuse, balancing individual rights with law enforcement needs.
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