Where can I get legal help?

Contact Prime 8 Legal, criminal lawyers in Gurgaon and Delhi NCR, for assistance with CrPC compliance and FIR matters.

FIR 156(3) CrPC compliance section 154: Supreme Court’s Latest Ruling

Q: What is FIR 156(3) CrPC compliance section 154?

You must first file a report under Section 154(1), possibly escalate to Section 154(3), before invoking Section 156(3) for FIR registration.

Q: Can a Magistrate skip Section 154 steps?

No. The Supreme Court has held that ignoring Sections 154(1) & (3) invalidates any direction under Section 156(3).

Q: Is an affidavit necessary under Section 156(3)?

Yes. The application must include a sworn affidavit with factual averments and documentary evidence.

prime8legal
Jul 3
2 min read

In a landmark judgement, the Supreme Court emphasised FIR 156(3) CrPC compliance section 154 as non-negotiable, quashing a Magistrate’s order directing FIR registration due to procedural lapses. This has significant implications for criminal procedure and legal practitioners across Gurgaon, Delhi NCR, and India.

UNDERSTANDING FIR 156(3) CrPC compliance section 154

Under the CrPC:

You must first report the offence to the Officer-in-Charge under Section 154(1).
If police refuse, escalate via Section 154(3) to the Superintendent of Police.
Only after these steps can one invoke Section 156(3) to ask a Magistrate to direct FIR registration.

The Supreme Court quashed such a direction in Ranjit Singh Bath & Anr. v. UT Chandigarh for lack of proper steps.

Key Legal Takeaways

Mandatory compliance with Section 154(1) and (3) is essential before invoking 156(3).
Applications must include specific averments and supporting documents.
A sworn affidavit is required to prevent frivolous complaints.

What Can You Do Next?

Always file a Section 154 complaint to the local police station first
If refused, escalate to the SP under Section 154(3)
Only then approach a Magistrate under Section 156(3) with full documentation and affidavit

FREQUENTLY ASKED QUESTIONS

Q1: What is FIR 156(3) CrPC compliance section 154?

It means you must first report to police under Section 154(1) and, if needed, under Section 154(3) before asking the Magistrate to direct registration under Section 156(3).

Q2: Can a Magistrate skip Section 154 steps?

No. The Supreme Court has clarified such non-compliance invalidates the Magistrate’s direction.

Q3: Is an affidavit necessary under Section 156(3)?

Yes. A sworn affidavit with factual compliance and documentation is mandatory.

Q4: Where can I get help?

Consult a criminal lawyer—Prime 8 Legal serves clients in Gurgaon, Delhi NCR, and across India.