Filing Criminal Complaints (BNSS)

A private criminal complaint under Section 223 of the BNSS, 2023 empowers any person to set the criminal law in motion directly before a Magistrate, without depending on the police. After examining the complainant (and witnesses) on oath, the Magistrate may take cognizance and issue process to the accused. This is the primary route for offences where the police are unlikely to act, or where direct cognizance is strategically preferable. A significant change under the BNSS is that, before taking cognizance on a complaint against a person, the Magistrate must give the proposed accused an opportunity of being heard — making the drafting and evidentiary foundation of the complaint even more important. Where further verification is needed, the Magistrate may postpone process and hold an inquiry, or direct a police investigation, under Section 225 BNSS. We draft trial-ready complaints with a clear cause of action, mapped provisions and an evidence inventory — anticipating defences from the threshold so the complaint survives the new hearing requirement and proceeds to process under Section 227 BNSS.