Under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, magistrates must decide on investigation applications after a mandatory, self-conducted inquiry into the complaint’s merits, rather than merely delegating it to the police. The statute does not define a strict, specific, and rigid timeline for this decision, but it demands an expedited, “speaking order” based on an assessment of whether a cognizable offence exists. [1, 2, 3] 


Key elements influencing the timeline for a Section 175(3) BNSS application:

• Mandatory Inquiry: The magistrate cannot simply rely on a police report; they must personally “inquire” into the matter to determine if a formal investigation is necessary, which may involve conducting an inquiry, as highlighted by this Calcutta High Court ruling.
• Preventing Misuse: The Supreme Court emphasizes that the magistrate must apply their mind to ensure the application is legitimate, creating a “safeguard” against abuse, which implies that a detailed assessment might take precedence over extreme urgency.
• Police Inaction: While Section 175(3) of the BNSS generally applies when the police fail to act (formerly 156(3) CrPC), the new law requires a more robust evaluation of whether the police actually failed in their duties.
• Preliminary Enquiry: While not strictly for 175(3) applications, related preliminary investigation procedures under the BNSS for offences with 3-7 year sentences are capped at 14 days, suggesting a similar expectation of expeditious action, as discussed in this session document. [1, 2, 4, 5, 6, 7] 

For a properly formatted complaint, it is crucial to use the new BNS sections for offenses to avoid immediate dismissal, which would only delay the process further. For a practical guide on formatting, refer to this article on LawSikho. [8, 9] 

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[1] https://www.scconline.com/blog/post/2026/01/06/magistrate-ordered-investigation-section-175-3-bnss-analysis/
[2] https://www.livelaw.in/high-court/calcutta-high-court/magistrate-cannot-direct-police-to-conduct-inquiry-us-1753-bnss-must-assess-grounds-before-ordering-probe-calcutta-high-court-526843
[3] https://www.facebook.com/livelaw.in/posts/the-supreme-court-on-monday-may-4-has-observed-that-writ-jurisdiction-under-arti/1417677290397298/
[4] https://www.casemine.com/commentary/in/section-175(3)-bnss:-magistrate%E2%80%99s-inquiry-must-be-conducted-by-the-magistrate-(no-police-delegation)-and-must-test-cognizable-offence-plus-sufficient-ground-to-investigate/view
[5] https://cdnbbsr.s3waas.gov.in/s3ec030b6ace9e8971cf36f1782aa982a7/uploads/2026/04/2026040119.pdf
[6] https://lawsikho.com/blog/fir-registration-bnss-vs-crpc-section-173-154-changes/
[7] https://qualegalindia.com/judicial-scrutiny-fir-registration-bnss-vs-crpc.html
[8] https://lawsikho.com/blog/criminal-complaint-format/
[9] https://jurigram.com/advocates/resources/new-laws/section-156-3-crpc-equivalent-in-bnss

Criminal Lawyers Chandigarh Panchkula Mohali