Step-by-Step Guide to Filing a Private Complaint under the Criminal Procedure Code (CrPC) and the Bharatiya Nyaya Sanhita (BNSS) 2023

 

Filing a Private Complaint under the Criminal Procedure Code (CrPC), 1973

    Under the Criminal Procedure Code (CrPC), 1973, individuals can file a private complaint in situations where they believe a criminal offense has occurred, but the police have either failed to act, have refused to register a case, or where immediate judicial intervention is needed. Below is a step-by-step guide with relevant sections of the CrPC.

Step-by-Step Process under CrPC

Step 1: Draft the Complaint

• Clearly state the facts of the case, including dates, times, locations, and a detailed description of the offense.
• Identify the accused persons (name, address, contact details if possible).
• Reference relevant sections of the Indian Penal Code (IPC) or other laws that define the offense.
• Attach supporting documents such as evidence, contracts, emails, or medical reports to substantiate the claim.

Step 2: File the Complaint under Section 200 of CrPC

• File the complaint with the Judicial Magistrate of the jurisdictional court where the offense occurred or where the accused resides.
• Under Section 200 of the CrPC, the Magistrate has the authority to take cognizance of offenses based on private complaints.
• Submit the complaint to the Court Clerk, including all supporting documents and pay the required court fee.

Step 3: Verification and Oath (Section 200)

• After filing, the Magistrate will require the complainant to verify the facts of the complaint on oath.
• The Magistrate will record the preliminary statement of the complainant to confirm the authenticity of the allegations under Section 200 of CrPC.

Step 4: Examination of Complainant and Witnesses (Sections 200-202)

• The Magistrate may examine the complainant and any witnesses brought to substantiate the claim.
• Section 202 allows the Magistrate to postpone the issuance of process to make an inquiry or direct the police to investigate if needed, especially in cases involving offenses outside the Magistrate’s jurisdiction.

Step 5: Decision on Cognizance (Section 203)

• Based on the statements and evidence provided, the Magistrate decides whether there is a prima facie case.
• If the complaint lacks merit, the Magistrate can dismiss the complaint under Section 203, with reasons recorded in writing.

Step 6: Issuance of Process (Section 204)

• If the Magistrate is satisfied that there is sufficient ground for proceeding, they will issue a summons or warrant under Section 204.
• The summons or warrant requires the accused to appear before the court for trial, initiating the legal process.

Step 7: Proceed with Trial (Sections 206-238)

• Once the accused appears, the trial process commences, following the procedures set out in the CrPC, including evidence examination, cross-examination, and final arguments.

Filing a Private Complaint under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

    

    Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the procedures for filing a private complaint retain much of the CrPC framework but include updated procedural requirements and streamlined processes for time-bound responses and victim-centric protections.

Step-by-Step Process under BNSS 2023

Step 1: Draft the Complaint

• Draft the complaint with specific details: dates, times, and descriptions of the offense.
• Identify the accused persons and include relevant sections under the BNSS or related legal codes.
• Attach all supporting evidence such as physical documents, digital evidence, witness statements, etc.

Step 2: File the Complaint under BNSS Section 208

• File the complaint with the Magistrate under Section 208 of the BNSS, 2023, which empowers the Magistrate to take cognizance based on private complaints.
• Submit your complaint, supporting documents, and pay the filing fees with the Court Clerk.

Step 3: Verification by Oath (BNSS Section 208)

• After filing, you will be required to verify the complaint on oath before the Magistrate.
• The Magistrate records a preliminary statement to ensure the authenticity of the complaint, similar to CrPC Section 200.

Step 4: Preliminary Examination (BNSS Section 209)

• The Magistrate examines the complaint and any witnesses to determine if there is a valid basis for the case.
• Under Section 209 of BNSS 2023, the Magistrate may delay issuing a process to allow for further inquiry or police investigation, especially for complaints involving extraterritorial jurisdiction.

Step 5: Decision on Cognizance (BNSS Section 210)

• The Magistrate then decides whether to take cognizance of the offense.
• If the complaint lacks merit, it can be dismissed under Section 210 of BNSS with a written explanation.

Step 6: Issuance of Process (BNSS Section 211)

• Upon finding sufficient grounds, the Magistrate issues a summons or warrant under Section 211 of BNSS.
• The type of process (summons or warrant) is based on the severity of the offense, ensuring the accused is notified to appear in court.

Step 7: Proceed with Trial (BNSS Sections 212-248)

• Once the accused appears, the trial process begins under BNSS, similar to CrPC but with new victim-centric and time-bound guidelines designed to streamline proceedings.

Additional Considerations under BNSS 2023

• Digital Filing Options: BNSS 2023 promotes digital filing options where available, allowing complainants to file electronically in many jurisdictions.
• Time-Bound Processes: BNSS 2023 emphasizes time-limited procedures for preliminary inquiry and trial proceedings, ensuring faster case resolution.
• Enhanced Victim Rights: BNSS 2023 includes specific protections for victims, including privacy considerations during the trial and additional safety measures where applicable.

Conclusion

    Both the CrPC and the BNSS 2023 provide mechanisms for filing private complaints, allowing individuals to seek redress directly through the courts. The BNSS 2023 introduces modernized procedural elements but largely maintains the foundational steps of filing, verification, and trial initiation found in the CrPC. This guide offers an overview to assist complainants in effectively navigating the process under both codes.