Question regarding rules for filing of new case in JMFC

677 votes

Under the new law of BNSS you need to file an application before the concerned magistrate under section 175(3) BNSS if the police failed to entertain your complaint and is not registering the FIR. And as far as the defamation is concerned it will be done under section 356 BNS.

Advocate Jitender Singh LawRato

851 votes

You have to file a private complaint for defamation. make a complaint, arrange the documents, make an index and arrange the documents. Scan the file do ocr and bookmarking and then file the case Be prepared for the presummonning evidence also

Advocate Satyaarth Sinha LawRato

559 votes

No. You will have to file an application under section 175(3) BNSS for registration of FIR. And for defamation file a separate complaint under section 356 BNS. You need to log in, then select new case, select the state, district and the specific court. Then enter the act, section, names address etc of petitioner and respondent. upload the complaint and annexures. pay the court fees as well. there are also online tutorials that can help you.

Advocate Pragya Dhoundiyal LawRato

970 votes

Yes, both remedies can be pursued before the Magistrate, but they are generally filed as separate proceedings. For non-registration of FIR: You may file an application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (earlier Section 156(3) CrPC), seeking directions to the police to register an FIR and investigate the matter. Before approaching the Magistrate, it is advisable to demonstrate that representations were made to the SHO and higher police authorities under the relevant provisions. For defamation: A private criminal complaint can be filed under Sections 356 and 357 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (earlier Sections 499 and 500 IPC), supported by the alleged defamatory statements/publications and details of how your reputation was harmed. E-filing through litigant account: On the e-filing portal, select “New Case Filing”, choose the appropriate court and case type. For FIR-registration matters, select the category relating to Criminal Miscellaneous Application / Application under Section 175(3) BNSS (nomenclature may vary from State to State). For defamation, select Private Complaint Case. Fill in party details, cause title, jurisdiction details, relevant statutory provisions, upload the petition/complaint, affidavit, supporting documents, and pay the prescribed court fee, if applicable. Act/Section details to mention: For FIR registration: Section 175(3) BNSS, 2023 (and mention prior representations to police authorities). For defamation complaint: Sections 356 and 357 BNS, 2023. If the defamatory material was circulated electronically, additional provisions under the Information Technology Act may also be relevant depending on the facts. Please note that the exact case type, filing category, and section entries differ across State e-filing portals, so it is advisable to check the local court's e-filing manual or consult a local practitioner before filing.

Advocate Prasanna Mohan LawRato

658 votes

you may seek both reliefs in one proceeding only if the facts are interconnected, but generally a complaint for non-registration of FIR is pursued separately by filing an application before the Magistrate under Section 175(3) BNSS (earlier Section 156(3) CrPC) seeking directions to police for registration/investigation. Defamation is usually filed as a private complaint before the Magistrate under the relevant provisions of the Bharatiya Nyaya Sanhita (depending on the facts and date of occurrence).

Advocate Madhvi Chopra LawRato