Application under Section 156(3) CrPC for Registration of FIR
After Priyanka Srivastava, a Section 156(3) application is not casual. It is an affidavit-supported demonstration that you have exhausted Sections 154(1) and 154(3) and that the offence is cognizable.
Introduction
Section 156(3) is the magistrate-mediated route to FIR registration when the police refuse. Priyanka Srivastava v. State of UP, (2015) 6 SCC 287, closed the loophole of casual filing: the application must be supported by an affidavit and demonstrate prior approach under Sections 154(1) and 154(3).
When to Use This Prompt
- Facts disclose commission of a cognizable offence and police have refused/delayed.
- You have approached the officer in charge under Section 154(1) and the SP under Section 154(3) with unsatisfactory response.
- Documentary proof of dispatch available.
- Willing to file a Priyanka Srivastava-compliant affidavit.
Statutory & Case-Law Backdrop
Section 156(3) read with Section 154, Priyanka Srivastava (affidavit and exhaustion), and Lalita Kumari v. State of UP, (2014) 2 SCC 1 (mandatory FIR on disclosure of cognizable offence with limited exceptions).
The Prompt
Paste into ChatGPT, Claude or Gemini. Replace every bracketed placeholder with your specific facts before generating.
Draft an application under Section 156(3) CrPC before the Judicial Magistrate at [PLACE]. Applicant: [NAME, ADDRESS] Proposed accused: [NAMES, ADDRESSES] IPC / special-law sections: [SECTIONS] Date and place of occurrence: [DETAILS] Brief facts disclosing cognizable offence: [DETAILS] Annexures: Section 154(1) complaint, Section 154(3) representation to SP/Commissioner, dispatch proofs, affidavit per Priyanka Srivastava v. State of UP. Structure: cause title, facts disclosing cognizable offence, prior approach to police, prayer to direct FIR registration and investigation, and Priyanka Srivastava affidavit.
Anatomy of the Draft
Why the prompt is built the way it is — section by section.
Disclosure of cognizable offence
Lay out facts and sections in the same paragraph — magistrate's first read is for cognizability.
Prior approach and proofs
Para-wise account of Section 154(1) and 154(3) approaches with dispatch dates and acknowledgements.
Priyanka Srivastava affidavit
Sworn affidavit verifying the facts — mandatory.
Prayer
Direction to register FIR and investigate.
Common Mistakes to Avoid
- ×Filing without exhausting Section 154(1) and 154(3).
- ×Omitting the affidavit.
- ×Pleading non-cognizable offences.
- ×Bare allegations without dates, places, identifiable acts.
Frequently Asked Questions
Can I file 156(3) directly?+
No, post-Priyanka Srivastava prior approach is required.
Does the magistrate inquire before directing FIR?+
Yes; the magistrate applies mind and may direct FIR or proceed under Section 200.
Is a 156(3) order appealable?+
Not appealable, but liable to challenge under Section 482 or in writ.
Final Thoughts
Section 156(3) is now a structured remedy. Establish cognizability, document prior approach, file the affidavit.
Disclaimer
This article is for informational and drafting-aid purposes only. It is not legal advice. AI-generated drafts must be reviewed by qualified counsel before filing or being relied upon. Verify every citation and statutory reference against the original source.
Related Prompts in Litigation & Court Drafting
Draft a Bail Application under Section 439 CrPC
Generates a regular bail application for sessions or High Court with grounds tailored to the FIR facts.
Anticipatory Bail Application under Section 438 CrPC
Pre-arrest bail draft with grounds for false implication and cooperation undertakings.
Quashing Petition under Section 482 CrPC
High Court quashing petition relying on State of Haryana v. Bhajan Lal categories.