How to File a Private Criminal Complaint in India — Step-by-Step Guide

To file a private criminal complaint in India, submit a written complaint directly to the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate under Section 200 of the Code of Criminal Procedure, 1973 (now Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The Magistrate will examine you on oath, record your statement, and — under the new BNSS — give the accused an opportunity to be heard before taking cognizance. The process requires your complaint, an affidavit, supporting evidence, and identity proof. Court fees are minimal (₹500-5,000 depending on the state).

Who can file a private criminal complaint

• Any person who is a victim of a criminal offence (cognizable or non-cognizable)
• Any person who has direct knowledge of the commission of an offence (you need not be the victim yourself — any person aware of the crime can file)
• A legal representative filing on behalf of a deceased victim
• A public servant in the course of official duties (though the examination on oath is waived for public servants under the proviso to Section 200 CrPC / Section 223 BNSS)
• A parent or guardian filing on behalf of a minor victim

When to use this route:

• When police have refused to file an FIR despite the offence being cognizable
• For non-cognizable offences where police cannot register an FIR without a Magistrate's order (e.g., cheating by personation, defamation, criminal intimidation)
• When you prefer to approach the court directly rather than going through the police
• For offences where the accused is influential and you believe the police may not act impartially

You should not file if:

• The complaint is frivolous, vexatious, or made to harass the accused — filing false complaints is itself an offence under Section 182 IPC / Section 211 BNS
• The offence is compoundable and can be settled by agreement between the parties (consider mediation first)
• A court has already passed a final order on the same facts between the same parties

Documents you will need

Mandatory documents

• Written complaint — A detailed, chronological account of the facts constituting the offence, naming the accused, describing the time, place, and manner of the offence, and citing the relevant sections of the IPC/BNS under which the offence falls
• Affidavit — A sworn affidavit verifying the facts stated in the complaint (on stamp paper of ₹10-100 depending on the state, notarised or sworn before the court)
• Identity proof — Aadhaar card, PAN card, voter ID, or passport (photocopy)
• Address proof — Current address proof (for establishing territorial jurisdiction)
• List of witnesses — Names, addresses, and brief description of what each witness can testify to

Additional documents (if applicable)

• Documentary evidence — Relevant contracts, agreements, receipts, bank statements, photographs, screenshots, or any document supporting the complaint
• Prior complaint to police — If you first approached the police and they refused to act, attach a copy of your complaint to the SHO and the SP (this is now mandatory under BNSS if you are seeking a direction under Section 175(3) for police investigation)

Step-by-step process

Step 1: Draft the criminal complaint

The complaint must be a detailed written statement covering:

• Your details: Full name, address, and your relationship to the offence (victim, witness, etc.)
• Accused details: Full name, address, and description of the accused person(s) — be as specific as possible
• Facts of the offence: Chronological narration — what happened, when, where, and how. Include dates, times, and locations
• Offence alleged: Cite the specific sections of the Indian Penal Code, 1860 (IPC) / Bharatiya Nyaya Sanhita, 2023 (BNS) that are applicable
• Witnesses: Names and addresses of persons who can testify
• Evidence: List of documents and materials you will produce
• Relief sought: Request the Magistrate to take cognizance, issue process (summons/warrant), and conduct trial

Format: There is no prescribed form. Write it in clear, plain language on plain paper. Address it to "The Judicial Magistrate First Class" (or "The Metropolitan Magistrate" in metropolitan areas like Mumbai, Delhi, Chennai, Kolkata, Hyderabad, Bengaluru, and Ahmedabad).

Tip: While you do not need a lawyer to draft the complaint, getting legal advice on which sections to cite is helpful. Citing wrong sections can lead to the complaint being dismissed. An advocate can also help you identify the court with the correct territorial jurisdiction (the court where the offence was committed, or where the accused resides, or where the consequences occurred).

Step 2: Prepare the affidavit

Prepare a sworn affidavit verifying the contents of your complaint. The affidavit should state:

• That the facts stated in the complaint are true to your knowledge
• That the documents attached are genuine
• That you have not filed any other case on the same facts before any court

Where: Get the affidavit notarised at a notary public's office, or you can swear it before the Magistrate when you present the complaint Cost: ₹50-200 (stamp paper + notarisation charges)

Tip: Under the new BNSS regime, courts are increasingly insisting on an affidavit supporting the complaint. Preparing it in advance saves time and avoids adjournments.

Step 3: File the complaint before the Magistrate

Submit the complaint, affidavit, and supporting documents at the filing counter of the Judicial Magistrate First Class (JMFC) court or Metropolitan Magistrate court that has territorial jurisdiction over the place where the offence was committed.

Where: JMFC / Metropolitan Magistrate court (filing section/nazarat) Fee: Court fees vary by state — typically ₹100-500 for filing a criminal complaint. Some states charge process fees separately. Filing: Submit the original complaint with 2-3 copies (one for the court record, one for the accused, one for your records)

Tip: Identify the correct court before filing. The court with jurisdiction is usually the one where the offence was committed (Section 177 CrPC / Section 196 BNSS). If the offence was committed in multiple places, you can file in any of those jurisdictions. If unsure, consult the court's registry or a local advocate.

Step 4: Magistrate examines you on oath (Section 200 CrPC / Section 223 BNSS)

After the complaint is filed and assigned to a Magistrate, you will be called for examination on oath. The Magistrate will:

1. Administer an oath to you
2. Ask you to narrate the facts of the case
3. Ask questions to understand the nature of the offence and the evidence available
4. Record your statement in writing (called the "examination on oath")
5. Ask you to sign the recorded statement

What to expect: This is not a trial — it is a preliminary screening. The Magistrate wants to determine whether there is a prima facie case to proceed. Answer questions truthfully and stick to the facts.

Tip: Be prepared for the Magistrate to ask pointed questions — Why did you not go to the police first? What evidence do you have? Are there witnesses? Your answers determine whether the complaint proceeds. Be calm, factual, and consistent with what you wrote in the complaint.

Step 5: Magistrate may examine witnesses (Section 202 CrPC / Section 225 BNSS)

After examining you, the Magistrate may also examine any witnesses you have brought. Alternatively, the Magistrate may order an inquiry or investigation under Section 202 CrPC / Section 225 BNSS to verify the facts. This is especially common if the accused resides outside the court's territorial jurisdiction.

Timeline: The inquiry/investigation should ideally be completed within 30 days, but there is no strict statutory deadline

Tip: Bring your key witnesses to court when you present the complaint. If the Magistrate examines witnesses on the same day as the complainant, it speeds up the process significantly. Brief your witnesses on the facts they are expected to testify about.

Step 6: New BNSS requirement — Accused gets a hearing before cognizance

This is the most important change under BNSS (effective 1 July 2024):

Under the proviso to Section 223(1) of the BNSS, no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. This is a significant departure from the old CrPC, where the accused had no right to be heard before cognizance.

The new 4-step sequence under BNSS is:

1. Examine complainant and witnesses on oath (Section 223)
2. Serve a copy of the complaint and recorded statements on the accused (Section 223 proviso)
3. Give the accused an opportunity to be heard (Section 223 proviso)
4. Magistrate takes cognizance (or dismisses the complaint)

Timeline: The hearing to the accused adds 30-60 days to the pre-cognizance process

Tip: This new provision means the accused will see your complaint and your recorded statements before cognizance is taken. Ensure your complaint is factually accurate and consistent — any discrepancy between the written complaint and your oral statement can be used by the accused to argue that the complaint should be dismissed. The accused can present arguments against taking cognizance, but cannot present evidence at this stage.

Step 7: Magistrate takes cognizance or dismisses the complaint

After completing the examination and hearing the accused (under BNSS), the Magistrate will:

Option A — Take cognizance: If the Magistrate is satisfied that there is a prima facie case, they will take cognizance of the offence and issue process (summons or warrant) against the accused. The case then proceeds to trial.

Option B — Dismiss the complaint: Under Section 203 CrPC / Section 227 BNSS, the Magistrate may dismiss the complaint if there is no prima facie case. The Magistrate must record reasons for dismissal.

Option C — Direct investigation: The Magistrate may direct the police to investigate the matter under Section 156(3) CrPC / Section 175(3) BNSS before taking cognizance.

Tip: If the complaint is dismissed under Section 203 CrPC / Section 227 BNSS, you can file a revision petition before the Sessions Court under Section 397 CrPC / Section 442 BNSS, or approach the High Court under Section 482 CrPC / Section 528 BNSS. Dismissal at this stage does not bar you from filing a fresh complaint on the same facts if you have additional evidence.

Step 8: Trial proceedings (if cognizance is taken)

Once cognizance is taken and process is issued:

1. The accused is served with summons to appear before the court
2. The charge is framed after hearing both sides
3. The complainant (you) produces evidence — your examination-in-chief, cross-examination by the accused's advocate, and re-examination
4. The accused has the right to defend, cross-examine your witnesses, and present their own evidence
5. Final arguments from both sides
6. The Magistrate delivers the judgment — conviction or acquittal

Timeline: Trial proceedings typically take 1-3 years depending on the complexity and the court's case load

Tip: In a private complaint case, the burden of proof is on you (the complainant) to prove the offence beyond reasonable doubt. This is the same standard as in a police-filed case. Engage an advocate to conduct the trial — cross-examination and evidence presentation require legal skill.

Fees and costs

How long does it take

Can you do this online?

As of 2026, private criminal complaints generally require physical filing at the court. However:

• Some High Courts have introduced e-filing portals where criminal complaints can be submitted electronically (e.g., Delhi District Courts at https://districts.ecourts.gov.in/)
• The examination on oath and hearings must be conducted in person before the Magistrate (video conferencing is available in some courts for subsequent hearings)
• Case status and hearing dates can be tracked online at https://services.ecourts.gov.in/ecourtindia_v6/

Note: The eFiling infrastructure for criminal complaints is still evolving. Check your specific district court's website for e-filing availability. For most courts, physical filing remains the norm.

What if things go wrong

Problem: The Magistrate dismisses your complaint under Section 203 CrPC / Section 227 BNSS

Solution: You have three options: (1) File a revision petition before the Sessions Court under Section 397 CrPC / Section 442 BNSS within 90 days; (2) File a petition under Section 482 CrPC / Section 528 BNSS before the High Court invoking its inherent powers; (3) File a fresh complaint with additional or stronger evidence (dismissal under Section 203/227 does not bar a subsequent complaint on the same facts).

Problem: The accused argues the complaint is frivolous and seeks quashing under Section 482 CrPC / Section 528 BNSS

Solution: The Supreme Court in Bhajan Lal v. State of Haryana (1992) laid down 7 categories where criminal proceedings can be quashed. If your complaint is based on genuine facts and discloses a cognizable offence, it cannot be quashed merely because the accused calls it frivolous. Ensure your complaint contains specific, verifiable facts (dates, places, witnesses) — vague complaints are more vulnerable to quashing.

Problem: The accused hearing under BNSS Section 223 is causing indefinite delay

Solution: The right to hearing under Section 223 BNSS proviso does not entitle the accused to indefinite adjournments. If the accused is deliberately delaying the proceedings, file an application before the Magistrate requesting a fixed timeline for the hearing. The Magistrate has inherent powers to prevent abuse of process and ensure expeditious disposal.

Problem: You filed the complaint in the wrong court (no territorial jurisdiction)

Solution: If the Magistrate determines they lack territorial jurisdiction, the complaint will be returned (not dismissed). Refile in the correct court. To avoid this, confirm jurisdiction before filing — the offence must have been committed within the court's territorial limits. If the offence was committed at multiple places, you can choose any of those jurisdictions.

Problem: Key witnesses are unwilling to testify

Solution: Request the Magistrate to issue summons to reluctant witnesses under Section 244 CrPC / Section 268 BNSS. A person who has been summoned as a witness and fails to appear without lawful excuse can face action under Section 349 CrPC / Section 395 BNSS. If the witness is outside the court's jurisdiction, the court can issue a commission for their examination.

Frequently asked questions

What is the difference between filing an FIR and filing a private complaint?

An FIR is filed with the police, who then investigate the matter and file a chargesheet before the Magistrate. A private complaint is filed directly with the Magistrate, bypassing the police. In a private complaint, you (the complainant) are responsible for presenting evidence and conducting prosecution (though you can hire a lawyer). The key advantage of a private complaint is that you control the case — the police cannot close it without your consent, unlike an FIR investigation where the police can file a closure report.

Do I need a lawyer to file a private criminal complaint?

Not for filing. You can draft and file the complaint yourself and present yourself for examination on oath. However, for the actual trial, hiring a criminal lawyer is strongly recommended. Cross-examination, evidence presentation, and legal arguments require professional skill. The cost of a lawyer varies widely — from ₹5,000 in smaller courts to ₹25,000+ in metropolitan courts.

Can a private complaint be filed for cognizable offences (like cheating, criminal breach of trust)?

Yes. A private complaint can be filed for both cognizable and non-cognizable offences. For cognizable offences, you also have the option of filing an FIR with the police. Many people file private complaints for cognizable offences like cheating (Section 420 IPC / Section 318 BNS) and criminal breach of trust (Section 406 IPC / Section 316 BNS) because police sometimes refuse to file FIRs in such matters.

What happens if the Magistrate takes cognizance but the accused does not appear?

If the accused does not appear after being served summons, the Magistrate can issue a bailable warrant. If the accused still does not appear, the Magistrate can issue a non-bailable warrant and even declare the accused a proclaimed offender under Section 82 CrPC / Section 84 BNSS. The court can also proceed with trial in absentia in certain circumstances.

Can I withdraw a private criminal complaint after filing?

Yes, but the Magistrate must permit the withdrawal. For compoundable offences (listed in Section 320 CrPC / Section 360 BNSS), the parties can compound (settle) the case with the court's permission. For non-compoundable offences, withdrawal is at the Magistrate's discretion and typically only allowed before cognizance is taken. After cognizance, withdrawal requires the court's approval and the case may be dismissed or the accused acquitted.

How does the new BNSS change the private complaint process?

The most significant change is the proviso to Section 223(1) BNSS, which mandates that the Magistrate give the accused an opportunity of being heard before taking cognizance. Under the old CrPC Section 200, there was no such requirement — the Magistrate could take cognizance solely based on the complainant's examination. The new provision adds a step (and time) to the process but is intended to protect accused persons from frivolous prosecutions. Additionally, Section 223 BNSS requires that the complaint and recorded statements be served on the accused before the hearing.