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Understanding the Significance of Section 175(3) of BNSS and Section 156(3) of CrPC : Empowering Citizens to Seek Justice

In the Indian legal system, citizens often find themselves in situations where their complaints are not registered or acted upon by the police. This can be frustrating and disheartening, especially when seeking justice for a serious offense. However, the law provides a remedy through Section 156(3) of the Code of Criminal Procedure (CrPC) and Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). These provisions empower citizens to take their grievances directly to the courts, ensuring that their voices are heard and justice is served. This blog explains the significance of these sections and how they can be useful to the general public.

What is Section 156(3) of CrPC?

Section 156(3) of CrPC grants a Magistrate the authority to direct the police to investigate a cognizable offense. This section is particularly significant when the police refuse to register an FIR (First Information Report) or fail to investigate a complaint properly. Under this provision, a citizen can approach the Magistrate with a complaint, requesting the court to order the police to initiate an investigation.

How Does Section 156(3) of CrPC Work?

1. Filing a Complaint: If a person believes that a cognizable offense has been committed and the police are not taking action, they can file a complaint directly with the Magistrate under Section 156(3) of CrPC.
2. Court’s Order: Upon receiving the complaint, the Magistrate may order the police to register an FIR and investigate the matter. The Magistrate can also monitor the investigation to ensure that it is conducted properly.
3. Investigation: The police are legally bound to comply with the Magistrate’s order, conduct a thorough investigation, and submit a report back to the court.

What is Section 175(3) of BNSS?

Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) serves a similar purpose as Section 156(3) of CrPC but within the framework of the new legal code. It allows citizens to seek judicial intervention when the police fail to act on their complaints. This section emphasizes the citizen’s right to prompt and effective legal recourse, reflecting the government’s commitment to improving transparency and accountability in law enforcement.

Significance of Section 156(3) of CrPC and Section 175(3) of BNSS

1. Empowerment of Citizens: These sections empower ordinary citizens by providing them with a legal pathway to seek justice when law enforcement agencies fail to act. They ensure that no complaint goes unheard and that justice is not denied due to police inaction.
2. Judicial Oversight: By allowing citizens to approach the court directly, these provisions introduce judicial oversight into the investigative process. This ensures that investigations are conducted fairly and without bias.
3. Accountability of Police: These sections hold the police accountable by allowing the judiciary to intervene when necessary. They help prevent the misuse of power and ensure that law enforcement agencies perform their duties diligently.
4. Accessibility to Justice: For many citizens, especially those who are marginalized or lack resources, these provisions make the justice system more accessible. They offer a way to bypass bureaucratic hurdles and seek timely intervention from the courts.

How Can Citizens Utilize These Provisions?

1. Document Your Complaint: Before approaching the Magistrate, ensure that you have documented your complaint in detail. This includes any attempts to file an FIR with the police and their response.
2. Seek Legal Advice: It is advisable to consult with a legal professional who can guide you through the process and help you prepare your application to the Magistrate.
3. File an Application: Submit a written application to the Magistrate under Section 156(3) of CrPC or Section 175(3) of BNSS, detailing the offense and the police’s inaction.
4. Follow Up: Once the Magistrate issues an order, follow up on the progress of the investigation and ensure that the police comply with the court’s directions.

Conclusion

Sections 156(3) of CrPC and 175(3) of BNSS are powerful legal tools that ensure citizens have a voice in the justice system. By empowering individuals to seek direct intervention from the courts, these provisions play a crucial role in maintaining the rule of law and protecting the rights of every citizen. Understanding these sections is essential for anyone who feels their complaint has been ignored or mishandled by the police. Advocate Ketan Palshikar Pune is here to provide expert legal guidance and support to help you navigate these provisions and ensure that justice is served.