Read this post to know about Filing a Private Criminal Complaint: Transitioning from CrPC to BNSS. A private criminal complaint is an accusation made directly by an individual to a Judicial Magistrate rather than through the police.
When a cognizable offence occurs, the standard recourse is to lodge a First Information Report (FIR) under Section 154 of the erstwhile CrPC (now Section 173 of the BNSS). However, what happens when the local police refuse to register an FIR, or when an aggrieved citizen chooses to pursue criminal remedies directly?
Under Indian criminal jurisprudence, an individual can bypass the police machinery and approach a Judicial Magistrate directly by filing a Private Criminal Complaint.
With the implementation of the **Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)**, the framework governing private complaints has undergone vital statutory updates. Below is an in-depth guide comparing the old CrPC regime with the BNSS and outlining how to file a private complaint effectively.
What Qualifies ” Private Criminal Complaint”?
The statutory definition remains consistent in substance:
* **CrPC Section 2(d)** defined a “complaint” as any allegation made orally or in writing to a Magistrate, with a view to their taking action under the Code, that some person (known or unknown) has committed an offence. It expressly excludes a police report.
* **BNSS Section 2(1)(h)** carries forward this exact formulation.
A mere letter of information or suspicion does not suffice; the complainant must allege concrete facts disclosing an offence and expressly urge the Magistrate to initiate judicial action.
The Landmark Shift: Opportunity of Hearing to the Accused
Under the erstwhile **Section 200 CrPC**, the Magistrate examined the complainant and any accompanying witnesses on oath (*ex-parte*). The accused had **no locus standi** at the pre-cognizance or pre-summoning stage, ensuring that prospective accused persons could not derail preliminary proceedings.
### The BNSS Revolution (Section 223 First Proviso)
The first proviso to **Section 223(1) of the BNSS** introduces a safeguard:
> *”Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.”*
**Practical Implications:**
1. **Notice to the Accused:** Before taking cognizance on a private complaint, the Magistrate must issue notice and afford the proposed accused an opportunity to make submissions.
2. **Filtering Malicious Complaints:** This prevents frivolous, motivated, or purely commercial disputes being weaponized as criminal actions to extract settlements.
3. **Drafting Rigour:** The complaint must now withstand an immediate preliminary challenge on maintainability and jurisdictional grounds before cognizance is even taken.
### Special Safeguard for Public Servants (Section 223(2) BNSS)
Under Section 223(2) BNSS, if the complaint is directed against a public servant for acts purportedly done in the discharge of official duties:
* The public servant must receive an opportunity to explain the situation leading to the alleged incident.
* The Magistrate must call for and receive a factual report from the public servant’s superior officer before taking cognizance.
Step-by-Step Procedure to File a Private Complaint
### Step 1: Exhaust Preliminary Remedies
Before moving a private complaint, establish compliance with pre-litigation steps (reiterating the principles of *Priyanka Srivastava v. State of U.P.*):
* Lodge a written report before the local Station House Officer (SHO) under Section 173(1) BNSS (formerly Section 154 CrPC).
* Upon non-registration, send the complaint via registered post/speed post to the Superintendent of Police (SP) or Commissioner under Section 173(4) BNSS (formerly Section 154(3) CrPC).
* Attach proof of postal dispatch and track reports as mandatory annexures.
### Step 2: Drafting the Complaint
The complaint should be addressed to the competent Judicial Magistrate having territorial and subject-matter jurisdiction. Ensure the following sections are structured clearly:
* **Parties:** Full details of complainant(s) and proposed accused.
* **Chronological Statement of Facts:** Concrete dates, times, transactions, and acts committed.
* **Offences Disclosed:** Specific penal provisions invoked under the Bharatiya Nyaya Sanhita (BNS).
* **Witness List & Documents:** Medical records, correspondence, bank receipts, CCTV/electronic records, and list of witnesses.
* **Prayer Clause:** Explicit request to register the complaint, take cognizance, hear the parties, and issue process.
### Step 3: Examination on Oath (Section 223 BNSS)
The Magistrate records the statements of the complainant and present witnesses under oath. This statement is transcribed, signed by the parties, and attested by the Magistrate.
### Step 4: Inquiry or Investigation (Section 225 BNSS)
If the Magistrate deems fit—especially if the accused resides outside the territorial jurisdiction of that court—the Magistrate may postpone the issuance of process and:
* Conduct an inquiry personally, or
* Direct a police officer (or another designated person) to investigate and submit a report.
*(Note: In offences triable exclusively by the Court of Session, the Magistrate cannot order a police investigation under this section and must examine all witnesses produced by the complainant.)*
### Step 5: Issue of Process or Dismissal
* **Dismissal (Section 226 BNSS):** If after recording statements, hearing the accused, and reviewing any report, the Magistrate finds no sufficient ground to proceed, the complaint is dismissed with recorded reasons.
* **Issue of Process (Section 227 BNSS):** If a *prima facie* case is made out, the Magistrate issues summons (in summons cases) or warrants (in warrant cases) to secure the appearance of the accused for trial.
## Strategic Takeaway for Litigants
The shift from CrPC Section 200 to BNSS Section 223 demands higher precision in legal drafting. Because the accused is granted an opportunity of hearing prior to cognizance, vague or emotionally driven complaints face immediate dismissal. A well-documented factual trail, accompanied by supporting exhibits and an affidavit of compliance, is indispensable when approaching the court.
Here is your Private Criminal Complaint Draft a complete, court-ready model under Section 223 of the BNSS, including memo of parties, statement of facts, and verification affidavit.
Also Read-Police Complaint Authority Punjab Haryana Chandigarh
IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE / JUDICIAL MAGISTRATE FIRST CLASS AT [DISTRICT / CITY], [STATE]
COMPLAINT CASE NO. _________ OF 2026
IN THE MATTER OF:
[Name of the Complainant],
S/o or D/o or W/o [Father’s / Husband’s Name],
Aged about: [__] years,
Occupation: [Business / Service / Professional],
R/o: [Complete Residential Address],
Phone / Mobile: [+91-XXXXXXXXXX],
Email ID: [email@example.com]
… COMPLAINANT
VERSUS
1. [Name of Accused No. 1],
S/o or D/o or W/o [Father’s / Husband’s Name],
Aged about: [__] years,
Occupation: [Occupation Details],
R/o: [Complete Residential / Office Address],
Phone / Mobile: [+91-XXXXXXXXXX],
Email ID: [if available]
2. [Name of Accused No. 2],
[Details as above]
… ACCUSED PERSONS
POLICE STATION: [Name of Local Police Station]
OFFENCES UNDER SECTIONS: [e.g., Sections 316(2) (Cheating), 318(4) (Criminal Breach of Trust), 351(2) (Criminal Intimidation), read with Section 3(5) (Common Intention) of the Bharatiya Nyaya Sanhita, 2023 (BNS)]
———————————————————————————-
COMPLAINT UNDER SECTION 223 READ WITH SECTION 210(1)(a) OF THE BHARATIYA NAGARIK
SURAKSHA SANHITA, 2023 (BNSS) FOR TAKING COGNIZANCE AND ISSUANCE OF PROCESS
AGAINST THE ACCUSED PERSONS
———————————————————————————-
MOST RESPECTFULLY SHOWETH:
1. BRIEF PARTICULARS OF THE PARTIES:
1.1. That the Complainant is a law-abiding citizen of India residing at the address stated above and is engaged in [brief professional/personal details].
1.2. That Accused No. 1 and Accused No. 2 are [mention relationship/business transaction background] and reside/operate within the territorial jurisdiction of this Hon’ble Court.
2. STATEMENT OF FACTS:
2.1. That on or about [Date], the Accused approached the Complainant at [Location] with representations regarding [mention core transaction/subject matter].
2.2. That relying upon the dishonest representations and assurances made by the Accused, the Complainant agreed to [describe act done, money parted with, or contract executed]. A true copy of the relevant agreement/receipts dated [Date] is annexed herewith as ANNEXURE C-1.
2.3. That on [Date/Month], the Complainant discovered that the representations made by the Accused were fraudulent and dishonest from inception, inasmuch as [narrate the act of deception, misrepresentation, misappropriation, or overt physical act].
2.4. That on [Date], when the Complainant demanded the performance of the commitment / return of the funds / resolution, Accused No. 1 and Accused No. 2 criminally intimidated, abused, and threatened the Complainant with dire consequences at [mention location/date/time]. The transcript / call records / CCTV footage is marked and annexed herewith as ANNEXURE C-2.
3. EXHAUSTION OF PRE-LITIGATION REMEDIES (COMPLIANCE UNDER SECTION 173 BNSS & PRIYANKA SRIVASTAVA MANDATE):
3.1. That the Complainant immediately approached the Station House Officer (SHO), Police Station [Name of PS], on [Date] with a written complaint under Section 173(1) of the BNSS, requesting the registration of an FIR. However, the police authorities failed and neglected to take any action or register an FIR. A copy of the written complaint along with the receiving acknowledgement / DD entry is annexed herewith as ANNEXURE C-3.
3.2. That consequent to the inaction of the local police, the Complainant addressed a representation via Registered Post / Speed Post to the Superintendent of Police / Deputy Commissioner of Police under Section 173(4) of the BNSS on [Date]. Despite receipt of the representation, no steps have been initiated. The postal receipt and delivery tracking report are annexed herewith as ANNEXURE C-4 (Colly).
3.3. That having exhausted the statutory hierarchy of police remedies, the Complainant has no alternate efficacious remedy except to approach this Hon’ble Court under Section 223 read with Section 210(1)(a) of the BNSS.
4. OFFENCES COMMITTED:
4.1. That from the facts narrated hereinabove and the documents on record, a prima facie case disclosing the commission of cognizable and non-bailable offences under Sections [List Sections of BNS, e.g., 316(2), 318(4), 351(2) read with Section 3(5)] of the Bharatiya Nyaya Sanhita, 2023 is clearly established against the Accused Persons.
5. JURISDICTION:
That the cause of action, representations, transfer of consideration, and subsequent threats arose within the local territorial limits of Police Station [Name of PS], which falls squarely within the territorial and subject-matter jurisdiction of this Hon’ble Court.
6. PRAYER:
Wherefore, in the facts and circumstances of the case, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Take cognizance of the offences disclosed herein under Section 210(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023;
b) Record the statement of the Complainant and accompanying witnesses under Section 223 of the BNSS;
c) Issue notice affording an opportunity of hearing to the Accused Persons as per the proviso to Section 223(1) of the BNSS;
d) Issue process/summons against the Accused Persons under Section 227 of the BNSS to face trial in accordance with law; and
e) Pass any such further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.
PLACE: [City/District]
DATE: [DD/MM/2026]
COMPLAINANT
THROUGH COUNSEL
[Advocate Name & Enrolment No.]
[Advocate Address & Contact]
———————————————————————————-
LIST OF WITNESSES:
1. Complainant himself.
2. [Name, Parentage, and Address of Witness No. 2].
3. Bank Manager / Record Keeper (if summoned).
4. Any other witness with leave of the Hon’ble Court.
LIST OF DOCUMENTS:
1. Annexure C-1: Copy of Agreement / Proof of Payment dated [Date].
2. Annexure C-2: Electronic records / Transcript / Call records along with Certificate u/s 63 BSA.
3. Annexure C-3: Copy of complaint to SHO u/s 173(1) BNSS dated [Date].
4. Annexure C-4 (Colly): Copy of representation to SP/DCP u/s 173(4) BNSS along with postal receipt and tracking report.
Also Read-Criminal Complaint to Magistrate
Mandatory Supporting Affidavit (Verification & Priyanka Srivastava Compliance)
IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE / JUDICIAL MAGISTRATE FIRST CLASS AT [DISTRICT / CITY], [STATE]
COMPLAINT CASE NO. _________ OF 2026
IN THE MATTER OF:
[Name of Complainant] … COMPLAINANT
VERSUS
[Name of Accused] & Ors. … ACCUSED PERSONS
AFFIDAVIT IN SUPPORT OF THE COMPLAINT UNDER SECTION 223 BNSS
I, [Complainant’s Name], S/o or D/o or W/o [Father’s / Husband’s Name], Aged about [__] years, R/o [Complete Address], do hereby solemnly affirm and state on oath as under:
1. That I am the Complainant in the accompanying complaint and am fully conversant with the facts and circumstances of the case. As such, I am competent to depose to this affidavit.
2. That the accompanying complaint under Section 223 read with Section 210(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been drafted under my instructions. The contents of paragraphs 1 to 6 of the said complaint are true and correct to the best of my personal knowledge and belief, and derived from the records maintained by me, which I believe to be true. No part of it is false and nothing material has been concealed therefrom.
3. That in strict compliance with the law laid down by the Hon’ble Supreme Court of India in ‘Priyanka Srivastava & Anr. v. State of U.P. & Ors. (2015) 6 SCC 287’, I solemnly affirm that:
(a) Prior to approaching this Hon’ble Court, I approached the local Police Station [Name of PS] under Section 173(1) of the BNSS on [Date].
(b) Upon police inaction, I invoked Section 173(4) of the BNSS by sending a detailed representation to the Superintendent of Police / Deputy Commissioner of Police on [Date] through registered post.
(c) The documents annexed to the complaint in support of these compliances are genuine, authentic, and unaltered.
4. That this complaint is instituted bona fide in the interest of justice and not to settle any private civil dispute, harass the accused persons, or extort an unlawful compromise.
DEPONENT
VERIFICATION
Verified at [Place] on this [Day] day of [Month], 2026, that the contents of paragraphs 1 to 4 of the above affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.
DEPONENT
Key Practical Drafting Tips for Section 223 BNSS:
-
Accused Hearing Proviso: Unlike CrPC 200 where summons were issued ex-parte, the court must hear the accused prior to taking cognizance. Draft your statement of facts clearly so that it survives preliminary maintainability challenges raised by the defence counsel.
-
Electronic Evidence: If relying on WhatsApp messages, call recordings, or emails, always attach a statutory certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) (which replaces Section 65B of the Indian Evidence Act).
-
Number of Copies: Prepare extra process copies of the complaint along with all annexures for service upon each named accused person for their pre-cognizance hearing.
Also Read-Criminal Complaint Procedure Chandigarh Panchkula Mohali
The transition from Section 200 CrPC to Section 223 BNSS marks a structural shift in Indian criminal procedure. By embedding a mandatory pre-cognizance hearing for the proposed accused, the law strikes a balance between protecting genuine victims and curbing frivolous, motivated litigation. For legal practitioners and litigants, this evolution demands an uncompromising standard of drafting: private complaints must now be backed by a clear factual chronology, strict compliance with pre-litigation steps under Section 173 BNSS, and solid documentary backing right from the initial filing. Approaching the Magistrate is no longer just about narrating a grievance—it is about presenting a legally airtight, maintainable case from day one.
Post written by Satish Mishra Adv (99888-17966)
