To file a case in an Indian court, you need to determine whether your dispute is civil (money, property, contracts, family matters) or criminal (offences against person or property), identify the correct court with jurisdiction, prepare the required documents (plaint for civil cases, complaint for criminal cases), pay the court fees, and submit everything at the filing counter. The entire process can be done with or without a lawyer, though having legal representation is strongly recommended for anything beyond the simplest matters.
Why this matters
India has a structured court system, but navigating it can feel overwhelming if you have never been to a court before. Many people delay filing legitimate cases because they do not understand the procedure — or they file in the wrong court and waste months before the case is returned. This guide gives you the exact steps, whether you are filing a civil suit for property recovery, a consumer complaint, a criminal complaint for cheating, or a family matter like divorce or maintenance.
Step 1: Determine whether your case is civil or criminal
Civil cases
A civil case involves a private dispute between two or more parties. You are asking the court to enforce your rights or compensate you for a wrong. Examples:
- Property disputes (ownership, possession, partition)
- Money recovery (unpaid loans, bounced cheques above certain thresholds)
- Contract disputes (breach of agreement)
- Family matters (divorce, maintenance, custody)
- Landlord-tenant disputes
Governed by: Code of Civil Procedure (CPC), 1908
Criminal cases
A criminal case involves an offence against society as defined by law. The State prosecutes the accused, though you (the victim) can also file a private complaint. Examples:
- Cheating, fraud, criminal breach of trust
- Physical assault, criminal intimidation
- Dowry harassment (Section 498A IPC / Section 85 BNS)
- Defamation (criminal)
- Dishonour of cheque (Section 138, Negotiable Instruments Act)
Governed by: Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (replaced CrPC)
Step 2: Identify the correct court
Territorial jurisdiction — WHERE to file
- Civil: File where the cause of action arose (where the dispute happened) OR where the defendant resides or works (Section 20, CPC)
- Criminal: File where the offence was committed (Section 198 BNSS)
Pecuniary jurisdiction — WHICH LEVEL of court
Civil courts are organized by the monetary value of the claim:
| Value of Claim | Court |
|---|---|
| Up to Rs 20 lakh (varies by state) | Civil Judge (Junior Division) / Munsif |
| Rs 20 lakh to Rs 2 crore (varies by state) | Civil Judge (Senior Division) |
| Above Rs 2 crore (varies by state) | District Judge |
Note: These thresholds vary significantly by state. Check your state's Civil Courts Act for exact limits.
Criminal court hierarchy
| Offence Severity | Court |
|---|---|
| Petty offences (up to 3 years) | Judicial Magistrate First Class |
| Moderate offences (up to 7 years) | Chief Judicial Magistrate |
| Serious offences (7+ years / life / death) | Sessions Court |
Important: Under Section 15 of the CPC, every civil suit must be filed in the court of the lowest grade competent to try it. Filing in a higher court than necessary will result in your case being returned.
Step 3: Prepare the documents
For a civil case — the plaint
The plaint is the foundational document. Under Order VII of the CPC, it must contain:
- Court name: The name of the court where you are filing
- Plaintiff details: Your name, address, and description
- Defendant details: Name, address, and description of the opposite party
- Facts: A clear, chronological statement of facts that give rise to your claim (the "cause of action")
- Legal grounds: The legal provisions under which you claim relief
- Relief sought: What exactly you want — money, possession, injunction, declaration, etc.
- Valuation: The monetary value of the suit (for court fee calculation)
- Verification: A signed statement that the facts stated are true to the best of your knowledge
Additional documents:
- Vakalatnama: If you have hired a lawyer, this is the signed authority letter authorising them to represent you
- Supporting documents: Agreements, receipts, property documents, correspondence, photographs
- Court fee stamps: Calculated based on the suit valuation
For a criminal case — the complaint
For a private criminal complaint under Section 223 BNSS (earlier Section 200 CrPC):
- Complaint in writing: Describing the offence, the accused, and the facts
- Evidence list: Documents, photographs, electronic evidence
- Witness list: Names and addresses of witnesses
- Supporting affidavit: Sworn statement of facts
Step 4: Calculate and pay court fees
Civil court fees
Court fees for civil suits are governed by the Court Fees Act, 1870 (as amended by state governments). The fee is typically a percentage of the suit value:
- Ad valorem fee: Proportional to the claim value (varies by state, typically 1-10%)
- Fixed fee: For certain types of suits (injunctions, declaratory suits)
Court fees are paid through court fee stamps affixed to the plaint, or increasingly through e-payment in courts that have adopted digital payments.
Criminal court fees
Criminal complaints before a Magistrate usually involve minimal court fees — often just Rs 10-50 for the complaint filing. The exact amount depends on the state.
Step 5: File at the court registry
- Go to the filing counter of the correct court
- Submit the plaint/complaint with all supporting documents in the required number of copies (original + one copy for each defendant + one for the court record)
- The filing clerk examines the documents for completeness
- If accepted, you receive a filing number and the case is listed on the cause list
- The court issues summons to the defendant (civil) or notices to the accused (criminal)
In practice: Most courts now have a filing section or registry where staff check documents before formal acceptance. Many courts have adopted e-filing — check if your district court supports it.
Step 6: What happens after filing
Civil case timeline
- Summons served on defendant (30 days to respond)
- Written statement filed by defendant (30 days, extendable to 120 days)
- Issues framed by the court (identifying the disputes)
- Evidence — documents filed, witnesses examined
- Arguments — both sides present their case
- Judgment — court decides
Criminal complaint timeline
- Magistrate examines the complainant on oath (Section 223 BNSS)
- If satisfied, Magistrate issues process (summons/warrant to accused)
- Accused appears and may seek bail
- Charges framed (or the case may be discharged)
- Trial — evidence, cross-examination, arguments
- Judgment — conviction or acquittal
What if things go wrong
If the filing is rejected
- The filing clerk will note the defects (missing documents, incorrect court fee, wrong jurisdiction)
- Correct the defects and re-file within the limitation period
- Consult a lawyer if the defects are procedural
If you file in the wrong court
- The court will return the plaint under Order VII Rule 10 CPC with a note about jurisdiction
- You must re-file in the correct court within 30 days (the limitation period is extended)
If you cannot afford a lawyer
- Apply for free legal aid through NALSA (helpline 15100)
- You can also file cases in person (in propria persona) — the court will guide unrepresented litigants
Documents and resources you need
- Court address finder: ecourts.gov.in/ecourts_home (National Judicial Data Grid)
- E-filing portal: efiling.ecourts.gov.in (available in many district courts)
- NALSA helpline: 15100 (free legal aid)
- Court fees calculator: Check your state's court fees schedule
- Lawyer directory: barcouncilofindia.org or lawrato.com
Common myths
Myth: You need a lawyer to file a case. Reality: You can file a civil or criminal case yourself (in propria persona). However, having a lawyer significantly improves your chances, especially for complex matters.
Myth: Filing a case is very expensive. Reality: Court fees are typically a small percentage of the claim value. For criminal complaints, fees are minimal. Free legal aid is available for eligible persons.
Myth: Cases take decades — filing is pointless. Reality: While delays exist, many cases — especially criminal complaints, cheque bounce cases, and family matters — are disposed of within 1-3 years. The right to speedy trial is a fundamental right.
Myth: You can only file a criminal case through the police. Reality: You can file a private criminal complaint directly before the Magistrate under Section 223 BNSS, bypassing the police entirely.
Frequently asked questions
Can I file a case online? Yes. Many district courts support e-filing through efiling.ecourts.gov.in. You can file plaints, applications, and documents online and track your case digitally.
What is the limitation period for filing a case? It depends on the type of case. Under the Limitation Act, 1963: civil suits for recovery of money — 3 years; property possession — 12 years; criminal complaints — varies by offence (Section 514 BNSS). File as early as possible.
How many copies of the documents do I need? One original for the court, one copy for each defendant/accused, and one copy for yourself. Some courts require additional copies. Ask the filing counter.
What is a vakalatnama? A vakalatnama is a written authority signed by you that authorises a lawyer to act and plead on your behalf in court. It is filed along with the plaint or complaint.
Can I change my lawyer after filing? Yes. You can revoke the vakalatnama and file a new one with a different lawyer at any stage of the proceedings.