IN THE COURT OF __________
APPLICATION UNDER SECTION 175(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR A DIRECTION TO REGISTER A FIRST INFORMATION REPORT AND INVESTIGATE
__________, __________, aged __________, of __________ ... APPLICANT
VERSUS
The Officer in Charge, Police Station __________, and __________ ... RESPONDENTS
MOST RESPECTFULLY SHOWETH:
- 1. The offence. The Applicant complains of __________. On or about __________, __________
- 2. Information to the police station. On __________ the Applicant gave information to the officer in charge of Police Station __________, __________. __________ The information was not recorded as a first information report.
- 3. Complaint to the Superintendent of Police. On __________ the Applicant sent the substance of that information in writing __________ to __________, as section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows. __________
- 4. Why an investigation is needed. The facts stated disclose a cognizable offence. A police investigation is needed because __________.
- 5. Earlier applications and other proceedings. __________
- 6. Affidavit and enclosures. This application is supported by the Applicant's affidavit, which follows it. Copies of the information given to the police station and of the complaint to the Superintendent of Police are enclosed.
PRAYER
It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:
(a) direct the Officer in Charge, Police Station __________, under section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to register a first information report on the facts stated above and to investigate them;
(b) direct that the Applicant be given a copy of the first information report free of cost; and
(c) pass any other order that the Court considers just.
APPLICANT
Place: __________
Date: __________
AFFIDAVIT IN SUPPORT OF THE APPLICATION
I, __________, __________, aged __________, of __________, the Applicant, solemnly affirm and state on oath as follows:
- 1. That I am the Applicant and am acquainted with the facts of the case.
- 2. That the contents of paragraphs 1 to 5 of the application are true to my own knowledge, except where I have said that I was told something, and that I have concealed nothing material.
- 3. That the copies enclosed with the application are true copies of the information I gave to the police station and of my complaint to the Superintendent of Police.
DEPONENT
VERIFICATION
Verified at __________ on __________ that the contents of this affidavit are true and correct to my knowledge, that no part of it is false and that nothing material has been concealed.
DEPONENT
LEGAL BASIS
Punjab: A Magistrate empowered under section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may, on an application supported by affidavit, order an investigation under section 175(3), after considering the submission of the officer in charge of the police station. Before applying, the applicant is expected to have given the information to the officer in charge under section 173(1) and, if it was not recorded, to have sent its substance in writing by post to the Superintendent of Police under section 173(4). The Sanhita has been in force since 1 July 2024.
Chandigarh: The Bharatiya Nagarik Suraksha Sanhita, 2023 is central law and applies in the Union Territory in the same terms from 1 July 2024. The application goes to the court of a Magistrate at Chandigarh empowered under section 210, after the information has been given to the officer in charge under section 173(1) and its substance sent to the Superintendent of Police under section 173(4).
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023.
The purpose of collecting the personal data in this document is to identify the applicant and the persons complained against, and to put before the Magistrate what was reported and what the police did, so that the Magistrate can decide the application.
The record will be held by __________ and may be shared with the applicant, the Magistrate and the court's staff, the police station concerned, the Superintendent of Police, and the applicant's advocate.
If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the transaction or authority matter plus 12 months, except where a statute requires a longer named retention period.
A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.
Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.
Personal-data instruction: __________.
SIGNATURE
______________________________
Signature
Applicant: __________
Place: ____________________
Date: ____________________