Legal assistance for filing and conducting private criminal complaints before Magistrate Courts in Chennai, including preparation of the complaint, supporting documents, complainant and witness examination, pre-cognizance proceedings, inquiry, issue of process and representation through the subsequent criminal case.
A private complaint is a criminal complaint presented directly before the competent Magistrate by a person alleging facts which constitute an offence.
Under Section 210(1)(a) BNSS, a Magistrate may take cognizance upon receiving a complaint of facts which constitute an offence, subject to the other provisions governing initiation of criminal proceedings.
Unlike a police-report case, the proceeding begins from a complaint placed directly before the Magistrate rather than from a charge sheet submitted after police investigation.
A private complaint should clearly set out the accused persons, specific acts attributed to them, dates and events, jurisdiction, documents, witnesses and the ingredients of the offences alleged. A vague narrative without the necessary criminal ingredients may not justify further process.
Whether a private complaint is the correct remedy depends on the nature of the offence and procedural history.
Criminal defamation is one example where the law specifically contemplates a complaint by the aggrieved person, subject to the requirements of Section 222 BNSS and Section 356 BNS.
Where facts allegedly disclose criminal deception or other criminal ingredients, a complaint may require consideration before the Magistrate, although purely civil disputes should not be converted into criminal cases.
Threats or intimidation allegations may in an appropriate case form part of a private complaint where the statutory ingredients are properly pleaded.
Forgery, cheating, trespass or other alleged criminal acts connected with property may require separate criminal analysis even where civil litigation also exists.
Where the complainant possesses significant documentary evidence and witnesses, a direct complaint route may be legally considered.
Certain offences can be taken cognizance of only upon a complaint by a specified person or authority. Such special statutory requirements must be checked before filing.
Both may involve approaching a Magistrate, but they seek different procedural courses.
The complainant asks the Magistrate to deal with the complaint under the complaint procedure prescribed by the BNSS.
Under Section 175(3), a Magistrate empowered under Section 210 may order investigation after considering an application supported by the affidavit required by Section 173(4), making such inquiry as the Magistrate thinks necessary and considering the police officer's submission.
There is no single answer for every case. The nature of the allegation, evidence already available, need for police powers of investigation, earlier police representations, jurisdiction and statutory requirements should be reviewed before choosing between a complaint case and a request for police investigation.
A competent Magistrate may take cognizance upon receiving a complaint of facts which constitute an offence, subject to the conditions and restrictions contained in the BNSS.
Section 223 governs examination of the complainant and witnesses, if any, upon a complaint. Under the current BNSS framework, the first proviso also requires the accused to be given an opportunity of being heard before cognizance is taken.
Where the complaint is made to a Magistrate who is not competent to take cognizance, Section 224 prescribes the course to be followed depending upon whether the complaint is written or oral.
The Magistrate may postpone issue of process and inquire into the case or direct investigation for deciding whether sufficient ground exists for proceeding, subject to the statutory framework.
If, after considering the statements and result of inquiry or investigation, the Magistrate concludes that there is no sufficient ground for proceeding, the complaint may be dismissed with reasons.
Where sufficient ground for proceeding exists, the Magistrate may issue summons or warrant in accordance with the classification and statutory requirements applicable to the case.
The first proviso to Section 223(1) provides that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.
In a 2026 judgment, the Supreme Court held that this requirement is mandatory and that cognizance taken without compliance would be legally defective.
This is a significant procedural difference from the older complaint procedure under the Code of Criminal Procedure and should be accounted for when preparing a new private complaint under the BNSS.
The exact procedure depends upon the offences alleged, jurisdiction, type of case and directions of the Magistrate.
Review the incident, accused persons, evidence, jurisdiction and the ingredients of the proposed BNS or special-law offences.
The complaint should set out the parties, chronology, specific overt acts, offences, witnesses, documents and relief sought.
Territorial and subject-matter jurisdiction should be verified before filing the complaint.
The complainant and supporting witnesses may be examined in accordance with Section 223 and the applicable procedural directions.
The current BNSS Section 223 procedure requires an opportunity of hearing to the accused before cognizance is taken.
The Magistrate may inquire into the case or direct an investigation for deciding whether sufficient ground exists for proceeding.
If sufficient ground is absent, the complaint may be dismissed under Section 226. If sufficient ground exists, the Court may proceed under Section 227.
After the statutory requirements are satisfied, the Magistrate may issue appropriate process against the accused.
The complaint should attribute identifiable acts to each proposed accused rather than make broad collective allegations without particulars.
The facts pleaded must disclose the essential ingredients of the criminal offence relied upon.
The complaint should show why the particular Magistrate Court has territorial and legal jurisdiction.
Agreements, messages, bank records, photographs, medical records or other contemporaneous material may support the allegations.
Persons having direct knowledge of relevant facts should be identified where their evidence is necessary.
Where a civil transaction is involved, the complaint should clearly demonstrate the independent criminal ingredients rather than merely seek recovery of money through criminal proceedings.
Where a complaint is made against a public servant concerning conduct allegedly occurring in the course of official functions or duties, Section 223 contains additional requirements before cognizance, including an opportunity for the public servant to place assertions and a factual report from the superior officer.
Separate sanction provisions may also become relevant depending upon the alleged offence and nature of official duty.
It is a complaint of facts constituting an offence presented directly before a competent Magistrate rather than a criminal case beginning from a police charge sheet.
Section 210(1)(a) BNSS provides for cognizance by a competent Magistrate upon receiving a complaint of facts which constitute an offence, subject to the other statutory requirements.
Chapter XVI of the BNSS contains the complaint procedure. Important provisions include Sections 223, 224, 225, 226 and 227.
No. Section 175(3) concerns an application requesting the Magistrate to order police investigation, while a private complaint invokes the complaint procedure before the Magistrate.
Yes. Under Section 226, where the Magistrate concludes that there is no sufficient ground for proceeding after considering the relevant materials and inquiry, the complaint may be dismissed with reasons.
Process is issued only after the Magistrate is satisfied that sufficient ground exists for proceeding and the applicable statutory requirements, including the current BNSS pre-cognizance procedure, have been complied with.
Under the first proviso to Section 223(1) BNSS, the accused is to be given an opportunity of being heard before cognizance is taken. The Supreme Court in 2026 held this requirement to be mandatory.
Yes, subject to Section 222 BNSS and the applicable provisions governing criminal defamation under the Bharatiya Nyaya Sanhita.
Only where the facts independently disclose the ingredients of a criminal offence. A mere failure to repay money or breach of contract does not automatically become a criminal offence.
Yes. Section 225 provides for postponement of issue of process and permits inquiry or investigation in accordance with the statutory framework.
That depends upon the nature of the complaint and evidence. The complainant should identify and produce the witnesses necessary to establish sufficient grounds for proceeding.
Yes, relevant documents supporting the allegations should ordinarily be identified and produced according to the Court's filing and evidence procedure.
No. The Magistrate must independently determine whether sufficient ground exists to proceed under the applicable statutory provisions.
Keep the chronology, accused details, police representations, documents, communications and witness details ready for review. The correct first step is to determine whether a private complaint, a request for police investigation or another criminal-law remedy best fits the facts.
Advocate J.N. Naresh Kumar, M.L. (Hons.)
Door No. 65/1, Jani Jhan Khan Road,
Royapettah, Chennai – 600014
Mobile: 77083 00960
For private complaint drafting, Magistrate Court filing, Section 175(3) remedy review, evidence preparation, defamation complaints or complaint-case proceedings, select an available consultation slot.
Book AppointmentThis page contains general legal information. Whether a private complaint is maintainable and whether process will issue depend upon the allegations, statutory ingredients, jurisdiction, evidence, applicable special law and compliance with the current BNSS complaint procedure.