Criminal

Private Complaint Under Section 223 BNSS for Taking Cognizance

A private complaint is a formal application by an aggrieved person directly to a Magistrate, alleging the commission of an offence and requesting the court to take cognizance and issue process against the accused. It sets the criminal machinery in motion without the intervention of the police.

This complaint is filed before the Court of Metropolitan Magistrate or Judicial Magistrate First Class under the Bharatiya Nagarik Suraksha Sanhita, 2023. It rests primarily on Section 223 BNSS, which governs the examination of the complainant and witnesses on oath, and Section 227 BNSS, which governs the issuance of process.

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Governing law
BNSS 2023 ss.223/227/229
Sections
s. 223s. 227s. 229
Filed before
Court of Metropolitan Magistrate / Judicial Magistrate First Class

When this is the right filing

  • When the complainant seeks to set the criminal law in motion directly before a Magistrate, rather than through a police report.
  • When the offence is non-cognizable or the police have failed to register an FIR or conduct a proper investigation.
  • When the complainant wishes to lead their own evidence and control the initial stages of the prosecution.
  • When the complaint is for a dishonoured cheque under Section 138 of the Negotiable Instruments Act, 1881, this specific format is not suitable; a different instrument pleading the demand notice and 15-day default is required.

What the court looks for

  • A clear statement of all facts constituting the offence, establishing every ingredient of the alleged penal sections.
  • Compliance with the procedural mandate of Section 223 BNSS, including the complainant's availability for examination on oath and an express pleading on the accused's right to be heard before cognizance.
  • A proper explanation of jurisdiction, confirming that the offence occurred within the territorial limits of the court.
  • A valid explanation for bypassing the police route, either by pleading prior recourse under Sections 173/175 BNSS or by stating the reason a direct complaint is maintainable.
  • A complete list of accused persons with full descriptions and addresses, as process can only be issued against those named and arrayed.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts constituting the complaint
  2. 2Recourse to police
  3. 3Jurisdiction
  4. 4Compliance with section 223 bnss
  5. 5Prayer
  6. 6List of witnesses
  7. 7List of documents
  8. 8Affidavit in support
How it opens
COMPLAINT UNDER SECTION 223 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, FOR TAKING COGNIZANCE AND ISSUING PROCESS AGAINST THE ACCUSED FOR THE OFFENCES PUNISHABLE UNDER [sections old and new].

Bracketed items are filled from your case.

Frequently asked questions

Is it mandatory to first approach the police before filing a private complaint under Section 223 BNSS?

No, it is not a jurisdictional pre-condition. However, pleading prior recourse to the police under Sections 173 or 175 BNSS helps forestall a common objection that the police route was bypassed. If the offence was never reported, the complaint should state the reason a direct complaint is maintainable.

What is the significance of the first proviso to Section 223(1) BNSS in this complaint?

The first proviso to Section 223(1) BNSS now mandates that the accused must be given an opportunity of being heard before the Magistrate takes cognizance. The complaint must expressly plead this requirement to avoid a fatal sequencing objection that could render the filing vulnerable.

What happens if the complainant is a public servant or a court filing the complaint?

The second proviso to Section 223 BNSS dispenses with the requirement of examining the complainant on oath when the complaint is made by a public servant acting in the discharge of official duties or by a court. This exception should be specifically pleaded in the complaint.

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