Bns .section 318(4) 316(2) act.61(2)
Chandresh Hapani
(Querist) 14 August 2025
This query is : Resolved
FIR LODGE ON 1/1/2025. .after petitioner submit ON BEHALF OF SECTION 94 NOTICE all enough evidence to P.S.ON 17/1/2025.ALSO
DEPUTY COMMISNOR ORDER TO INVESTIGATION. ON 10/2/2025. UP TO MAY 5/5/2025. OC.THREE TIMES NOTICE SEND TO RESPONDENT. BUT RESPONDENT NOT APPER TO POLICE STATION. CAN YOU SUGGEST ME WHAT IS THE NEXT STEP I take on offcier .I have order U/s.175(3) BNSS.
still respondent not arrest. Not apparently to POLICE STATION. Three months gone .
Awaiting your reply
T. Kalaiselvan, Advocate
(Expert) 15 August 2025
If a police officer fails to take action on a cognizable offense under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the complainant can escalate the matter by writing to the Superintendent of Police, approaching the Area Magistrate, or even filing a writ petition in the High Court. They can also file a private complaint before the Magistrate.
As an alternative, the complainant can file a criminal complaint under Section 200 of the CrPC (Section 223 BNSS), where the Magistrate may examine witnesses and take action.
If all efforts fail, a writ petition can be filed in the High Court or Supreme Court to compel the police to take action.
Dr. J C Vashista
(Expert) 15 August 2025
Well analysed and advised by learned expert Mr. T. Kalaiselvan, nothing more to add.
It is better to seek professional services of a local prudent lawyer for proper analyses of facts/documents and necessary advise/ proceeding.
