Criminal Complaints

What Is a Criminal Complaint?

A criminal complaint is information presented to a competent Magistrate alleging that an offence has been committed and requesting appropriate action under the law.

Section 210 of the BNSS provides that a Magistrate may take cognizance of an offence upon receiving a complaint of facts that constitute the alleged offence. Cognizance may also be taken on a police report or information received from a person other than a police officer, subject to the statutory requirements.

A criminal complaint is different from an FIR. An FIR generally relates to information concerning a cognizable offence provided to the police, whereas a complaint may be presented before a Magistrate in accordance with the procedure prescribed by the BNSS.

Criminal Complaint Procedure Under BNSS

The BNSS contains specific provisions dealing with complaints to Magistrates.

Under Section 223, when a Magistrate takes cognizance of an offence on complaint, the complainant and witnesses present, if any, may be examined on oath in accordance with the statutory procedure. The section also contains provisions concerning an opportunity of hearing to the accused and special requirements in complaints against public servants.

Under Section 225, the Magistrate may, where appropriate, postpone the issue of process and conduct an inquiry or direct an investigation for determining whether there is sufficient ground for proceeding.

If the Magistrate finds that there is no sufficient ground for proceeding, Section 226 provides for dismissal of the complaint with reasons recorded. Where the statutory requirements for proceeding are satisfied, Section 227 deals with the issue of process against the accused.

Criminal Complaint and BNS Offences

The Bharatiya Nyaya Sanhita, 2023 (BNS) defines various criminal offences and prescribes their punishments. Where a criminal complaint alleges an offence under the BNS, the complaint should clearly set out the relevant facts and circumstances and the applicable legal provisions.

A detailed examination of the allegations is important because the facts stated in a complaint should be assessed against the legal ingredients of the alleged offence.

Depending on the case, a criminal complaint may involve allegations relating to offences against persons, property, women and children, criminal intimidation, cheating, breach of trust, defamation or other offences recognised under applicable law.

How a Criminal Complaints Lawyer Can Help

Preparing and pursuing a criminal complaint requires careful consideration of the facts, jurisdiction, applicable law and available evidence.

A criminal lawyer may assist with:

• Assessing the facts and circumstances of the alleged offence
• Identifying the applicable BNS provisions
• Drafting and filing a criminal complaint
• Identifying the appropriate Magistrate or court
• Preparing supporting documents and evidence
• Representing the complainant during proceedings
• Addressing the examination stage under the BNSS
• Responding to legal objections raised by the opposite party
• Advising on further proceedings after cognizance
• Handling related criminal litigation, appeals or revisions where legally available

The appropriate procedure depends on the nature of the allegations, the type of offence and the circumstances of the individual matter.

Criminal Complaints and FIR Proceedings

In some circumstances, a person may need to consider whether the appropriate course involves approaching the police, pursuing a complaint before the Magistrate or seeking another legal remedy. The appropriate route depends on the nature of the alleged offence and the facts of the case.

Where an FIR and a complaint case concern the same offence, the BNSS also contains a specific provision under Section 233 dealing with the procedure where a complaint case and police investigation exist in relation to the same offence.

Criminal Complaints Lawyer in India

A properly prepared criminal complaint should be based on the facts, applicable statutory provisions and supporting material available to the complainant. Early legal advice can help identify the appropriate procedural route and the legal requirements applicable to the matter.

Manju Sehrawat provides legal assistance and representation in criminal complaints, FIR-related proceedings, criminal defence, bail matters, criminal trials, appeals and revisions.

If you are considering filing a criminal complaint or are responding to criminal complaint proceedings, contact us to discuss the facts of your case and understand the legal remedies available under the applicable law.