A complaint is the mechanism by which a private person directly invokes the criminal jurisdiction of a Magistrate without police involvement. Under S.2(1)(e) BNSS, a complaint is any allegation made to a Magistrate that some person has committed an offence, with a view to his taking action. It does not include a police report. Complaints are particularly important for non-cognizable offences where police cannot investigate without Magistrate's order.
Legal Framework
| Provision | Subject |
|---|---|
| S.2(1)(e) | Definition: complaint |
| S.200 | Examination of complainant |
| S.201 | Procedure by Magistrate not competent to take cognizance |
| S.202 | Postponement of issue of process (inquiry/investigation) |
| S.203 | Dismissal of complaint |
| S.210 BNSS (formerly S.190 CrPC) | Cognizance of offences by Magistrate |
Why: The complaint mechanism ensures access to justice even when police refuse to act. It is the citizen's direct path to the Magistrate, bypassing police inaction or inability. For non-cognizable offences, it is the only route to criminal prosecution.
Example: Geeta discovers her tenant has been forging her signature on property documents (S.336 BNS forgery). She goes to the police, but the SHO refuses to register an FIR saying "this is a civil matter." Under S.223 BNSS, Geeta can walk directly into the Magistrate's court and file a private complaint. The Magistrate examines Geeta on oath, finds a prima facie offence, and issues process to the tenant completely bypassing the police. This is why complaint jurisdiction exists: no citizen should be left without remedy due to police inaction.
Who Can File a Complaint
| Person | Condition |
|---|---|
| Any person (aggrieved or not) | No restriction on who can complain |
| Public servant | When required by law to do so |
| Court | When offence committed in its presence |
| Third party | Even strangers with knowledge of offence |
Why: Unlike civil law (where only aggrieved party can sue), criminal law allows anyone to set the machinery in motion because crime is a wrong against society, not just the individual victim.
Procedure on Complaint (S.200-203)
Examination of Complainant (S.200):
| Step | Detail |
|---|---|
| 1 | Magistrate shall examine complainant and witnesses on oath |
| 2 | Substance of examination reduced to writing |
| 3 | Signed by complainant and witnesses |
| 4 | No examination required if complaint made by public servant or court |
Inquiry before Issuing Process (S.202):
| Condition | Action |
|---|---|
| Magistrate may postpone issue of process | To inquire into the case himself, OR direct investigation by police/authorized person |
| Purpose | To determine whether there is sufficient ground for proceeding |
| Duration | Reasonable time (no fixed statutory period) |
| Report | Person investigating reports to Magistrate |
Dismissal of Complaint (S.203):
If after examination under S.200 or inquiry under S.202, the Magistrate is of opinion there is no sufficient ground for proceeding, the Magistrate shall dismiss the complaint with brief reasons recorded.
Why: S.203 prevents frivolous complaints from consuming court time and subjecting innocent persons to criminal process. The Magistrate acts as a filter between unsubstantiated allegations and formal prosecution.
Complaint vs. FIR
| Parameter | Complaint (S.2(1)(e)) | FIR (S.173) |
|---|---|---|
| Made to | Magistrate | Police officer |
| For | Any offence (cognizable or non-cognizable) | Cognizable offence only |
| Form | Oral or written | Oral, written, or electronic |
| Oath | Complainant examined on oath (S.200) | No oath |
| Effect | Magistrate considers whether to take cognizance | Triggers mandatory investigation |
| Who files | Any person | Typically the victim or informant |
Recall Check
- Under S.200, what must the Magistrate do upon receiving a complaint?
- When can the Magistrate dismiss a complaint under S.203?
- What distinguishes a complaint from a police report (FIR)?
Key Cases
Sakiri Vasu v. State of UP (2008) Sakiri-Vasu-v-State-of-UP-2008 Issue: What is the remedy when police refuse to register FIR? Rule: Aggrieved person can approach Magistrate under S.156(3) CrPC (now S.175(3) BNSS) to direct police to register FIR and investigate. Held: When police refuse to register FIR, the proper remedy is to approach the Magistrate, not the High Court. The Magistrate can direct registration and investigation. This is distinct from filing a complaint; it compels police action.
Priyanka Srivastava v. State of UP (2015) Priyanka-Srivastava-v-State-of-UP-2015 Issue: Whether applications under S.156(3) CrPC (now S.175(3)) should be supported by affidavit. Rule: To prevent misuse and frivolous complaints, supporting affidavit should accompany the application. Held: Applications seeking direction to police must be supported by an affidavit to ensure genuineness. Magistrate should apply judicial mind before directing investigation; no mechanical orders.
Distinctions
| Parameter | Private Complaint (S.200) | Direction to Police (S.175(3)) |
|---|---|---|
| Nature | Complainant initiates prosecution | Complainant seeks police investigation |
| Magistrate's role | Takes cognizance directly | Directs police to register and investigate |
| Outcome | Magistrate conducts inquiry/trial | Police investigates and files charge sheet |
| Applicable for | Any offence | Cognizable offence (when police refuse to act) |
| Affidavit | S.200 examination on oath | Required per Priyanka Srivastava |
Flashcards
Q: What is a complaint under S.2(1)(e) BNSS? A: Any allegation made orally or in writing to a Magistrate that some person has committed an offence, with a view to his taking action; excludes police report.
Q: What must the Magistrate do upon receiving a complaint under S.200? A: Examine the complainant and witnesses on oath; reduce examination to writing.
Q: Under S.203, when can a Magistrate dismiss a complaint? A: When, after examination (S.200) or inquiry (S.202), the Magistrate finds no sufficient ground for proceeding.
Q: Can a stranger (non-victim) file a criminal complaint? A: Yes. Any person can file a complaint; there is no requirement of being personally aggrieved.
Q: What is the remedy when police refuse to register FIR? A: Approach the Magistrate under S.175(3) BNSS to direct registration and investigation (Sakiri Vasu).
Q: Does a complaint require an affidavit? A: Not mandatory for S.200 complaint, but per Priyanka Srivastava, applications under S.175(3) should be accompanied by affidavit.
Exam Scenario
X files a complaint before a JMFC alleging that Y cheated him. The Magistrate examines X under S.200 and finds the allegations vague and unsupported. However, instead of dismissing under S.203, the Magistrate directly issues summons to Y. Y challenges. Advise.
Under the scheme of S.200-203, the Magistrate has two options after examining the complainant:
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(1) If satisfied that there is sufficient ground, issue process (summons/warrant) to the accused
-
(2) If not satisfied, either order inquiry under S.202 or dismiss under S.203.
If the Magistrate found the allegations "vague and unsupported," the proper course was either to order further inquiry (S.202) or dismiss the complaint (S.203). Issuing summons despite finding allegations vague is contradictory and amounts to non-application of judicial mind. Y can challenge: (a) before the Court of Session under revisional jurisdiction, or (b) before the High Court under S.528 (inherent powers) for quashing. The summons should be set aside as having been issued without proper judicial application of mind. The Magistrate should either conduct S.202 inquiry or record reasons and dismiss under S.203.