Private Criminal Complaint Before Magistrate Under BNSS

Last reviewed: 13 August 2026.

The Bharatiya Nagarik Suraksha Sanhita, 2023 has applied since 1 July 2024. Its complaint chapter should be read as a sequence:

1. Section 223: examination of complainant and witnesses, with stated exceptions, and an opportunity for the accused to be heard before cognizance;
2. Section 224: return or direction to the proper court if the Magistrate is not competent;
3. Section 225: possible postponement of process and inquiry or investigation to test whether sufficient ground exists;
4. Section 226: dismissal with brief recorded reasons when sufficient ground is absent;
5. 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.

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.

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.

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.

No. The court may conduct the statutory examination and inquiry, dismiss for insufficient ground under Section 226, or issue process under Section 227.

No. Jurisdiction matters. Section 224 provides for return of a written complaint presented to a Magistrate who is not competent.

No. Criminal provisions, territorial facts, limitation and evidence must match your case. Use a practising criminal lawyer or legal-aid service where eligible.

• India Code: Bharatiya Nagarik Suraksha Sanhita, 2023
• India Code: BNSS Section 223

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