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Formalities for Filing a Complaint under BNSS: A Complete Guide
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC), 1973, effective from July 1, 2024, introduces refined procedures for criminal justice. One critical area is filing private complaints, governed primarily by Section 223 BNSS (formerly Section 200 CrPC). Understanding the formalities is vital for complainants to avoid procedural lapses that could lead to dismissal or quashing of proceedings. This guide breaks down the requirements, drawing from judicial interpretations to help you navigate the process effectively.
Note: This is general information based on legal precedents and statutes. Legal situations vary; consult a qualified lawyer for personalized advice. Procedures may evolve, so verify with current law.
What is a Private Complaint under BNSS?
A private complaint is filed directly before a Magistrate when police refuse to register an FIR or for offenses not requiring police investigation initially. Section 223 BNSS mandates specific steps before a Magistrate takes cognizance of the offense. Cognizance means the Magistrate applies their mind to the complaint and decides to proceed.
Key change from CrPC: The proviso to Section 223(1) BNSS requires the Magistrate to give the accused an opportunity of hearing before taking cognizance, promoting natural justice. Jayasudha vs T.Jaisudha - 2025 Supreme(Online)(Mad) 64045
Step-by-Step Formalities for Filing a Complaint
1. Drafting the Complaint
- The complaint must be in writing, clearly stating facts constituting the offense, accused details, and relief sought.
- Include supporting documents or evidence.
- No strict format, but it should be precise to enable Magistrate examination. Kaberi Dey vs Sourav Bhattacharjee - 2025 Supreme(Cal) 254
2. Filing Before the Magistrate
- File in the court of the appropriate Magistrate (Judicial or Executive, based on offense).
- Pay requisite court fees.
- The Magistrate registers the complaint. No preliminary verification needed at filing stage.
3. Examination of Complainant and Witnesses (Mandatory)
- Core formality: The Magistrate shall examine the complainant and witnesses on oath before cognizance. This is non-discretionary.
- Purpose: Verify if a prima facie case exists.
- Failure here invalidates proceedings. For instance, issuing notice without oath examination violates procedure. Basanagouda R. Patil S/o Ramanagouda Patil vs Shivananda S. Patil S/o Sidramappa Patil - 2025 Supreme(Kar) 576
The Magistrate must examine the complainant and witnesses before taking cognizance, the accused should be given a chance to be heard at this stage - Non-compliance invalidates the proceeding. Kaberi Dey vs Sourav Bhattacharjee - 2025 Supreme(Cal) 254
4. Opportunity to Accused Before Cognizance (Proviso to Section 223(1))
- Post-examination, issue notice to the accused for hearing.
- Accused can submit why cognizance shouldn't be taken.
- Magistrate decides based on this. Skipping hearing quashes orders.
In one case, cognizance without hearing was set aside: The court found the cognizance order invalid as it was made disregarding statutory provisions. Kaberi Dey vs Sourav Bhattacharjee - 2025 Supreme(Cal) 254
5. Taking Cognizance and Issuing Process
- If satisfied, Magistrate takes cognizance under Section 223.
- Then, under Section 227 BNSS (formerly 204 CrPC), issue summons/warrant.
- Serve copies of complaint, sworn statement, and materials on accused. Manoj Kumar Dugar vs The State of Bihar - 2025 Supreme(Online)(Pat) 1971
6. Post-Cognizance Procedures
- Section 224 BNSS: Magistrate postpones issuance if complainant absent (unless sufficient cause).
- Section 225: Conversion to summons case if punishable <2 years.
- Section 226: Supply copies to accused.
Key Differences from CrPC
| Aspect | CrPC (Old) | BNSS (New) |
|--------|------------|------------|
| Examination | Discretionary (S.200) | Mandatory (S.223) |
| Accused Hearing | Post-summons | Pre-cognizance (Proviso S.223(1)) |
| Notice Timing | After cognizance | Before cognizance |
This shift prevents mechanical summons and protects accused rights under Article 21. R.SAMPATH vs The Assistant Director - 2026 Supreme(Online)(Mad) 4458
Common Pitfalls and Judicial Warnings
Premature Notice: Issuing notice before oath examination is invalid. The issuance of notice to the accused prior to the examination of the complainant on oath violates the procedural requirements. Basanagouda R. Patil S/o Ramanagouda Patil vs Shivananda S. Patil S/o Sidramappa Patil - 2025 Supreme(Kar) 576
No Hearing to Accused: Courts quash orders: Among the most consequential changes is the replacement of Section 200 of the CrPC with Section 223 of the BNSS... the accused had no role until process was issued. But now, pre-cognizance hearing mandatory. Manoj Kumar Dugar vs The State of Bihar - 2025 Supreme(Online)(Pat) 1971
Bulk or Frivolous Complaints: Must follow individual procedures; no shortcuts. Chandrakant s/o Nimba Patil vs State Election Commission, Through The Chief Election Commissioner - 2024 Supreme(Online)(Bom) 7104
Police Involvement: If police already investigating, Magistrate may direct them under Section 175(3) BNSS, but only after proper inquiry. Jayasudha vs T.Jaisudha - 2025 Supreme(Online)(Mad) 64045
In a revision petition: Lower court's order set aside for failing to obtain necessary submissions from police officer before proceeding. Jayasudha vs T.Jaisudha - 2025 Supreme(Online)(Mad) 64045
Role in Special Laws (e.g., PMLA)
Section 223 BNSS applies to complaints under special statutes like PMLA Section 44 if filed post-July 1, 2024. The provisions of Chapter XVI, containing Sections 223 to 226, will also apply to a complaint under Section 44 of the PMLA. R.SAMPATH vs The Assistant Director - 2026 Supreme(Online)(Mad) 4458
Remedies if Formalities Breached
- Accused: File quashing under Section 528 BNSS (528 CrPC) or revision.
- Complainant: Appeal if dismissed for technicalities.
Courts emphasize: The procedure to be followed on filing of the Complaint under Section 200 Cr.P.C. (now Section 223 BNSS) was discussed... Magistrate to provide the accused an opportunity of hearing before taking cognizance. Manoj Kumar Dugar vs The State of Bihar - 2025 Supreme(Online)(Pat) 1971
Practical Tips for Complainants
- Prepare Thoroughly: Attach affidavits, evidence.
- Appear Personally: For oath examination.
- Track Proceedings: Ensure Magistrate follows sequence.
- Seek Legal Aid: Especially for complex cases.
- Timelines: Act promptly; delays may bar relief.
For accused: Respond promptly to notices; raise procedural defects early.
Conclusion and Key Takeaways
Filing a complaint under BNSS demands strict adherence to Section 223 formalities: written complaint, oath examination, accused hearing pre-cognizance, and reasoned order. These ensure fairness, preventing abuse. Judicial precedents consistently quash non-compliant orders, underscoring procedural sanctity.
Key Takeaways:
- Magistrate must examine complainant on oath first.
- Accused hearing before cognizance is now statutory.
- Violations lead to quashing; no mercy for shortcuts.
- Applies to private complaints and special laws post-2024.
Stay informed on BNSS updates. For specific cases, professional legal consultation is essential—this overview simplifies but doesn't substitute advice.
Search Results for "Formalities for Filing Complaint under BNSS"
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
the magnitude and the multi-dimensional causes of corruption and also about the positive and constructive remedial measures and steps ... On 13-12-1980, the Commercial Tax Officer, Bureau of Investigation, lodged a complaint of violation of the said Act by the firm which ... The impugned judgment spells out that the learned Judges of the High Court had felt that the non-filing of a written statement by ... Further no adverse inference could be drawn on the mere non-filing of a written statement by the S....
1979 0 Supreme(SC) 300 • India - Supreme Court
P.N.BHAGWATI, R.S.PATHAK, V.D.TULZAPURKAR
date of filing of the writ petition, the 4th respondents had spent an aggregate sum of about Rs. 1,25,000/- in making arrangements ... This method of sale of kendu leaves was also challenged by filing a writ petition on the ground inter alia that it was violative ... The appellant was also guilty of laches and delay in filing the writ petition and the High Court was justified in rejecting the writ
1998 8 Supreme 176 • India - Supreme Court
S.SAGHIR AHMAD, K.T.THOMAS
The appellant filed writ petition to quash the show cause notice contending that the Registrar had no jurisdiction to issue the notice ... The proceedings contemplated by sub-section (1) relate to the cancellation of Trade Mark or varying the registration of Trade Mark ... Similarly, under Section 111 of the Act, in a pending suit relating to infringement of a Trade Mark, if it is brought to the notice ... the period of filing “op....
1997 9 Supreme 279 • India - Supreme Court
D.P.WADHWA, SUJATA V.MANOHAR
Lehar Pepsi for drinking-Allegation that bottle contained many white particles-Order of Magistrate summoning appellants-Writ petition-Complaint ... seeking quashing of complaint filed against them under Section 7/16 of a href= ... is filed is not quite relevant-When complaint does not make out any case-Accused can approach High Court under Section 482 Cr.P.C ... One of the modes by which a court can take cognizance of an offence is on filing of a complaint containing facts which const....
2006 5 Supreme 547 • India - Supreme Court
S.B.SINHA, P.P.NAOLEKAR
For the said purpose, the courts of law may also take judicial notice of the practice prevailing in such business. ... A complaint petition was filed on 19.11.1992 by the Second Respondent herein against the Appellant purported to be for commission ... was not open to the defence to put forward such an explanation which the complainant himself does not have either in his written complaint ... held: ... "...When PW1 himself does not have such a case either in his oral evidence or in the averments in his ....
2019 0 Supreme(Telangana) 205 • India - Telangana
P.NAVEEN RAO
Result: Petition disposed of. ... a faster rate reducing the life of luminair – Specified driver output current limit is also a core aspect and both are primary requirements ... now as compared to April, 2018, at a cheaper price and may be more competition – HGCL would benefit if they go for fresh bids – Petition ... If, save for the delay in filing one of the relevant documents, MCC is also found to be qualified to tender for the contract, no ... entertained from one of the applicants will cause substantial prejudice ....
2025 Supreme(Online)(NCDRC) 3357 • India - National Consumer Disputes Redressal Commission
SUDIP AHLUWALIA, MR., DR. SADHNA SHANKER, MEMBER
Delay in FIR registration should not negate a valid claim when timely steps were taken. ... ... ... Findings of Court: ... No merit in the Insurer's petition as the delay in filing the FIR was due to procedural issues, not ... ... ... Result: Revision Petition dismissed. ... The allegation of delayed FIR is negated by the record showing that the written complaint was lodged promptly and the delay in registration ... On that foo....
2021 0 Supreme(Bom) 85 • India - Bombay
R.D.DHANUKA, V.G.BISHT
appellant had filed arbitral proceedings within period of three years from date of such amendment - Held, Court not inclined to accept submission ... The period of limitation for filing a claim petition both under the old Act and the new Act was six months. ... The period of limitation between 29th August 1998 and the date of filing complaint by the appellant with the Investor’s Grievances ... purpose of filing statement of claim for the first time.
2020 3 Supreme 721 • India - Supreme Court
R.BANUMATHI, INDIRA BANERJEE
insured Truck in accident – Despite sale agreement, appellant continued to be registered owner of truck, on the date of accident – Complaint ... Respondent, setting aside an order dated 09.1.2014 passed by the District Consumer Disputes Redressal Forum, Raipur, allowing the Complaint ... Disputes Redressal Commission Pandri, Raipur (C.G), dismissing appeal of Insurer against said order of District Forum; and dismissing complaint ... a police complaint and in lodging the claim for reimb....
2016 0 Supreme(Mad) 1498 • India - Madras
P.R.SHIVAKUMAR
Plaintiff has file for a Declaration under Section 25(d) of Act of 1955 to avoid proper valuation and payment of court fee as he was filing ... suit was barred by limitation as it was filed after eight years on the expiry of three years which is the time limit given for the filing ... Civil Procedure Code, 1908, Order 23, Rules 1(3) and 1(4) - Indian Partnership Act, 1932 Sections 69(1) and 69(2) Tamil Nadu Court ... In the said claim petition, the validity of the dissolution deed was not upheld and the....
2025 0 Supreme(Cal) 942 • India - IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Durgapur Police commissioner on 18.12.2024 at night, but due to enormous threatening had to take shelter by filing the written complaint before Learned Court. ... Urgent certified copy if applied by any of the parties to be supplied subject to observance of all formalities. ... initially refused as alleged but subsequently lodged the complaint and due to inaction on their part lodged the said complaint with C.P Asansol Durgapur Police commissioner on 18.12.24, and the complaint file....
2026 Supreme(Online)(All) 20 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Praveen Kumar Giri,J.
The trial court is directed to complete all necessary formalities within a period of two months from the date of this order. 9. ... Learned counsel for the applicants relying upon the entire order-sheet of Complaint Case No. 133 of 2024 contends that the complaint was filed on 17.08.2024 by Smt. ... proviso of BNSS. ... With effect from July 1, 2024, the Judicial Magistrate is required to afford the accused an opportunity of hearing prior to the issuance of summons in a complaint case, in compliance wit....
2025 0 Supreme(Cal) 254 • India - IN THE HIGH COURT AT CALCUTTA
Ajoy Kumar Mukherjee
Further an accused aware of the filing of the complaint by the complainant may try to avoid taking the process and thereby delay the taking of the cognizance under section 223 (1) of BNSS and may again do so at the stage of section 227 BNSS, which cannot be the intention of the legislature, as the very ... On 13th November, 2024 the opposite party herein was examined and his statement on solemn affirmation was recorded and the trial Magistrate fixed 16th December, 2024 for filing of requisites. On #HL_S....
2025 Supreme(Online)(Tel) 55754 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
under BNSS. ... days, and thereafter, by filing writ petition before this Court after three months, claiming inaction on the part of the respondents-authorities in registering FIR. ... taken up investigation into the same, and as such, the petitioners cannot once again approach the respondents-authorities and lodge a complaint within seven days after registration of the earlier complaint on the same set of facts. ... As it is not shown to this Court of the petitioners having availed remedies under BNSS,....
2025 0 Supreme(Kar) 576 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Filing of the private complaint is dealt with under Section 223 of the BNSS , which was Section 200 of Cr.P.C., it reads as follows: BNSS , 2023, copies of the complaint, sworn statement and other relevant materials were not served on the petitioner. ... The complaint is filed by the respondent invoking Section 223 of the BNSS , which is Section 200 in the earlier regime - Cr.P.C. The moment complaint is registered, a notice is issued to the accused.....
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