Prominent changes in Sec.175 BNSS in comparison to Section 156 Cr PC

Supreme Court of India Judgment  – comparison between Section 175 of BNSS & Section 156 of Cr PC to prominent changes –

Sections 175(3) BNSS & Section 156(3) of Cr PC

 Requirement of making application to the Superintendent of Police after refusal of police officer to lodge FIR, is mandatory;

1. The applicant is required to furnish a copy of the application made to the Superintendent of Police supported by an affidavit;
2. Unlike Section 156(4) Cr PC, the Magistrate is required to consider application of the complainant, supported by an affidavit, made to the Superintendent of Police under Section 173(4) of BNSS
3. Conduct such inquiry as he thinks necessary and
4. Consider the submissions made by the police officer in charge of the police station as regards refusal to register FIR before giving any directions. BNSS has affixed greater accountability on the police officer responsible for register FIRs and also ensures that the Magistrate applies his mind judicially for passing reasoned orders.

Sub-section (4) of Section 173 of BNSS – is new addition to the scheme of investigation of cognizable cases as compared to earlier Section 156 of Cr PC.  It provides additional safeguard to a public servant as follows:-

1. Report of the superior officer of the accused public servant on the incident and
2. to consider the assertions of the accused public servant on the occurrence of the alleged incident.

Judgment dated 16.1.2025 of the Supreme Court of India in Criminal Appeal No.352 of 2020 of Prakash Ambadkar  Vs.  State of Maharashtra and others