In India, when a person becomes a victim of a crime, the first instinct is usually to approach the police for help. But what happens if the police refuse to register an FIR or take action?
In such cases, the law provides an alternative remedy — filing a criminal complaint directly before a Magistrate.
This process ensures that justice is not denied due to police inaction. Let’s understand what a criminal complaint is, how it is filed, and what the procedure looks like under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which has replaced the old Criminal Procedure Code (CrPC).
What is a Criminal Complaint?
A criminal complaint is a formal allegation made to a Magistrate stating that a person has committed an offence.
It is different from an FIR, which is lodged with the police.
Under Section 210 of the BNSS, 2023 (earlier Section 200 of CrPC), a Magistrate can take cognizance of an offence upon receiving a complaint of facts that constitute an offence.
In simpler terms, if the police do not register your case or act unfairly, you can go directly to the court and file a criminal complaint seeking legal action against the accused.
When Can You File a Criminal Complaint?
You can file a complaint before the Magistrate in situations such as:
- Police refuse to register an FIR.
- The matter involves non-cognizable offences (like defamation, cheating, criminal intimidation).
- You want the Magistrate to take direct cognizance without police investigation.
- The accused is a public servant, and special procedure is required.
- You seek judicial oversight for fair and unbiased investigation.
Legal Provisions Governing Criminal Complaints
| Old CrPC | New BNSS (2023) | Subject |
|---|---|---|
| Section 190 | Section 210 | Cognizance of offences by Magistrates |
| Section 200 | Section 211 | Examination of complainant |
| Section 202 | Section 213 | Postponement of issue of process / investigation |
| Section 204 | Section 215 | Issue of summons or warrant |
The new BNSS 2023 largely retains the old structure but has simplified procedural timelines and encourages use of electronic evidence and e-summons.
Step-by-Step Procedure to File a Criminal Complaint
- Draft the Complaint:
Clearly mention facts, names of accused, dates, offences committed, and evidence. - Affidavit (if required):
As per Priyanka Srivastava v. State of U.P. (2015), the complaint should be supported by an affidavit to prevent misuse. - Filing Before Magistrate:
Submit the complaint before the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate having jurisdiction. - Examination of Complainant:
The Magistrate records the statement of the complainant and witnesses on oath. - Magistrate’s Options:
• Dismiss the complaint (if no prima facie case).
• Take cognizance and issue summons.
• Order investigation under Section 173(4) BNSS (old 156(3) CrPC). - Trial Begins:
Once summons is issued, the accused must appear, and the criminal trial follows the normal procedure.
Advantages of Filing a Criminal Complaint
• Remedy against police inaction
• Judicial oversight ensures fairness
• Direct access to court without police mediation
• Useful for private disputes involving cheating, forgery, defamation, etc.
• Builds a strong record for subsequent FIR or civil case
Common Offences Filed via Criminal Complaints
• Cheating (Section 417 IPC / 318 BNSS)
• Criminal Breach of Trust (Section 405 IPC / 316 BNSS)
• Defamation (Section 499 IPC / 356 BNSS)
• Criminal Intimidation (Section 506 IPC / 351 BNSS)
• Cheque Bounce (Section 138 NI Act)
Role of a Criminal Complaint Lawyer in Lucknow
Filing a criminal complaint requires legal precision. A skilled criminal lawyer in Lucknow can help you:
• Draft a legally sound and maintainable complaint.
• Attach supporting evidence, documents, and affidavits.
• Argue before the Magistrate for taking cognizance.
• Pursue subsequent proceedings, including summons and trial.
At Adv. Sahil Usman & Associates, we handle a wide range of criminal complaint matters — from financial frauds and cheque bounce cases to serious offences requiring investigation.
Conclusion
A criminal complaint is a powerful legal remedy that empowers every citizen to seek justice when the system fails to respond.
Under the new BNSS 2023, the process is more transparent, digital-friendly, and time-bound — ensuring that victims are not left unheard.
If you’re facing police inaction or wish to initiate legal proceedings, consult a criminal complaint lawyer in Lucknow to understand the best course of action.
📞 Contact Adv. Sahil Usman & Associates for professional legal advice and representation in criminal matters across Lucknow and Uttar Pradesh.
