Table of Contents
Private Criminal Complaint Before Magistrate Under BNSS
Direct answer: A private complaint asks a Magistrate with jurisdiction to take cognizance of an offence on a complaint. Under BNSS Section 223, the complainant and witnesses present are ordinarily examined on oath; the section also requires an opportunity of hearing to the accused before cognizance. The Magistrate may return a complaint filed in the wrong court, postpone process for inquiry or investigation, dismiss it with recorded reasons, or issue summons or warrant if sufficient ground exists. This is a legal proceeding, not a complaint-letter template.
Last reviewed: 13 August 2026.
Know the statutory sequence
The Bharatiya Nagarik Suraksha Sanhita, 2023 has applied since 1 July 2024. Its complaint chapter should be read as a sequence:
- Section 223: examination of complainant and witnesses, with stated exceptions, and an opportunity for the accused to be heard before cognizance;
- Section 224: return or direction to the proper court if the Magistrate is not competent;
- Section 225: possible postponement of process and inquiry or investigation to test whether sufficient ground exists;
- Section 226: dismissal with brief recorded reasons when sufficient ground is absent;
- Section 227: issue of process when sufficient ground exists, subject to witness-list and process-fee requirements.
Do not describe filing as automatic issuance of summons. The Magistrate evaluates jurisdiction, statutory bars, the material filed and the preliminary record.
Build a lawyer-ready brief
Prepare a chronology with date, place, actor, event and supporting exhibit. For each alleged offence, map the factual ingredients to evidence. Add the police complaint and response, if any, but do not assume every private complaint requires the same prior-police route. Jurisdiction and special statutory conditions vary with the offence.
Your file should identify:
- complainant and proposed accused with service addresses;
- court with territorial and subject-matter jurisdiction;
- exact provisions alleged, checked against India Code;
- list of witnesses and what each can prove;
- original electronic evidence and lawful certificate requirements;
- relief sought at the present stage.
Important Section 223 cautions
The first proviso gives the accused an opportunity of being heard before cognizance. Sub-section (2) adds conditions for a complaint against a public servant over an act alleged in discharge of official functions: the public servant is to get an opportunity to make assertions, and a report containing facts and circumstances is to be received from the superior officer.
These are areas where professional legal advice is prudent. A defective complaint may be returned or dismissed, and false allegations can have serious consequences.
What RTI can contribute
RTI may obtain existing government records needed for the evidence file: complaint diary entries, a closure report, dispatch data, sanction-related records or action-taken material, subject to exemptions. It cannot compel a Magistrate to take cognizance or substitute for admissible evidence.
Frequently asked questions
Does filing a complaint guarantee summons?
No. The court may conduct the statutory examination and inquiry, dismiss for insufficient ground under Section 226, or issue process under Section 227.
Can the complaint be filed in any Magistrate's court?
No. Jurisdiction matters. Section 224 provides for return of a written complaint presented to a Magistrate who is not competent.
Should I copy an online complaint word for word?
No. Criminal provisions, territorial facts, limitation and evidence must match your case. Use a practising criminal lawyer or legal-aid service where eligible.