How do I file a private criminal complaint directly before a Magistrate?

Question

The police are not registering my complaint or the offence is non-cognizable, and I want to file a private complaint directly in court. What is the process? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How do I file a private criminal complaint directly before a Magistrate? is governed in India primarily by BNSS 2023 s.223, BNSS 2023 s.225 and BNSS 2023 s.175. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

BNSS s.223 allows any person to file a private complaint before a Magistrate for cognizable or non-cognizable offences, and now mandates giving the accused an opportunity of hearing before summons are issued in certain cases.

The Magistrate examines the complainant and witnesses on oath under s.223(2)/s.225 (pre-summoning evidence) to determine whether sufficient grounds exist to proceed and issue process.

For non-cognizable offences, the Magistrate can either proceed as a complaint case or direct police investigation under s.175, depending on the gravity and nature of allegations.

If the Magistrate declines to take cognizance or dismisses the complaint, an aggrieved complainant can prefer a revision or, in limited situations, file a fresh complaint with additional material.

Court fees, complaint drafting with a verified affidavit, and list of witnesses/documents are essential procedural requirements for admission of the complaint.

What to do next: 1) Draft a detailed complaint with supporting documents and a list of witnesses; 2) File it before the jurisdictional Magistrate with the requisite court fee and verification; 3) Lead pre-summoning evidence by giving statement on oath under s.223/225; 4) Follow up for the summons order and, if declined, consider revision or fresh complaint.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNSS 2023 s.223 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.