Complaint Case Before Magistrate: How It Starts

Why People Go Direct to a Magistrate

You went to the police station. You explained the cheating, the threats, the missing money. The duty officer listened, asked you to come back tomorrow, and never registered an FIR. Or maybe the offence was a small slap, an insult, a defamatory message — and the SHO said it was not a police matter at all. You walked out feeling helpless, and someone older told you, "Forget the police. Go to the court directly."

That last line is not just advice from the neighbourhood. It is a real legal route, with its own clear chapter in the criminal procedure law of India. A complaint case before magistrate is the formal name. It lets a private person walk into the court of a Judicial Magistrate, present the grievance on oath, and ask the magistrate to summon the accused. This blog explains how it actually works in 2026, in plain language, with the relevant sections from both the new BNSS and the old CrPC.

What Is a Complaint Case, Really?

Indian criminal cases broadly start in two ways. The first is the police path: someone files an FIR, police investigate, file a chargesheet, and the court takes cognizance of that chargesheet. The second is the private path: the aggrieved person himself or herself files a written complaint before the magistrate. The magistrate then decides whether the matter deserves to go forward to trial.

The new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with this in Sections 223 to 227. These mirror the old CrPC Sections 200 to 204. Same idea, slightly modernised language. As the source commentary puts it, there cannot be a trial of any offence unless it has been taken cognizance of by a Judicial Magistrate.

The object of the examination of the complainant at this earliest stage is to ascertain whether there is a prima facie case against the person accused, and to prevent the issue of process on a complaint which is either false or vexatious or intended only to harass him. Nirmaljit Singh Hooz v. State of W.B., AIR 1972 SC 2639.

So the magistrate is doing a small filter test before the accused is even called. That filter is the heart of the entire process.

Step One: Examination on Oath (BNSS 223 / CrPC 200)

Under BNSS Section 223 (and the old CrPC Section 200) a magistrate taking cognizance of an offence on a complaint shall examine on oath the complainant and the witnesses present. The substance of that examination is reduced to writing and signed by the complainant, the witnesses, and the magistrate.

In a Delhi courtroom, this looks like a quiet affair. The complainant stands, takes the oath, and repeats the story already in the written complaint. The witnesses, if any, do the same. Their statements are typed by the steno or written by the reader, and signed.

This is not a casual ritual. The Supreme Court in Sabitha Ramamurthy v R.B.S. Channabasavaradhy, AIR 2006 SC 3086 has said that the complainant is bound to make a statement on oath about how the offence was committed and how the accused are responsible. The magistrate must insist on this statutory requirement before issuing process. If the prosecution turns out to be frivolous or mala fide, the source commentary notes that the court can even direct registration of a case against the complainant, and the falsely accused person can sue for damages.

Two practical points worth noting. First, the petition of complaint must be signed by the complainant himself; if it is not signed, the magistrate may refuse it. Second, even if the complaint is sent by post, the complainant has to appear personally for examination. He cannot be examined on commission. Some things still require physical presence in the courtroom.

Step Two: Magistrate Can Postpone Process (BNSS 225 / CrPC 202)

Sometimes the magistrate is not yet sure. The complaint reads serious, the witnesses said the right things, but something is missing — maybe the address of the accused is in another state, maybe the magistrate wants the police to verify a few facts. BNSS 225 (old CrPC 202) gives the magistrate exactly that power.

The magistrate can postpone the issue of process and either inquire into the case himself, or direct an investigation by a police officer or any other person. The proviso says that where the accused resides outside the magistrate's territorial jurisdiction, this inquiry is mandatory before issuing process. As the source commentary explains, resort to Section 202 is entirely discretionary at the magistrate's wisdom in cases not exclusively triable by Sessions. The magistrate is free to say, "I have already heard enough under Section 200, I will issue process now," or, "Let the police look into this first, then I will decide."

Where the case is exclusively triable by a Court of Session — the more serious offences — the rules tighten. The magistrate must himself hold the inquiry, must call the complainant to produce all the witnesses, and must examine them on oath. Outsourcing to police investigation is not allowed in these heavy cases.

The materials the magistrate may consider at this filter stage, the source notes, are confined to: the written complaint, the sworn statement of the complainant, statements of the complainant's witnesses, the result of any inquiry under Section 202, and any earlier statement under Section 161 if relevant.

Step Three: Dismiss or Issue Process (BNSS 226 & 227)

After hearing the complainant and the witnesses, and seeing the result of any inquiry, the magistrate has only two doors.

Door one — Dismissal under BNSS 226 (CrPC 203). If the magistrate is of the opinion that there is no sufficient ground for proceeding, the complaint is dismissed. The order must briefly record the reasons. As the source commentary puts it, the order of dismissal must be founded on the complaint itself, the sworn statement of the complainant, the witnesses examined, and the result of any inquiry or investigation under Section 202. The magistrate cannot dismiss on a hunch; the dismissal must trace back to those four buckets of material.

Door two — Issue of Process under BNSS 227 (CrPC 204). If, in the opinion of the magistrate taking cognizance, there is sufficient ground for proceeding, summons or warrant is issued to the accused. As the Supreme Court has said in Kanti Bhadra Shah v State of West Bengal, AIR 2000 SC 522, the magistrate need not write a detailed reasoned order at the stage of issuing process. He must form an opinion that there is sufficient ground; he is not required to spell out the entire reasoning.

A useful pointer for accused families: in Bhushan Kumar v State (NCT of Delhi), AIR 2012 SC 1747, the Supreme Court reiterated that absence of detailed reasons in the summoning order does not by itself make the order invalid. Challenging summons therefore requires more than just saying "the order has no reasons".

FIR-Driven Police Case vs Magistrate Complaint

People often ask which is "better". Honestly, neither is automatically better. Each has a different shape.

An FIR-driven police case begins with the SHO. The police investigate, collect evidence, arrest if needed, and put up a chargesheet. The complainant is largely a witness and a guide. This route is strong when you need recovery, arrest of a fleeing accused, forensic work, or when the offence is serious and clearly cognizable.

A complaint case before magistrate puts you in the driver's seat. The magistrate is the gatekeeper, and you carry the witness load. There is no automatic police investigation unless the magistrate orders one under BNSS 225. This route works when the police have refused to register your FIR despite a written application, when the offence is non-cognizable (such as ordinary defamation, simple insult, or many private disputes that the police cannot register on their own), or when you specifically want a private criminal action because the dispute is essentially between two known parties. If you are simultaneously dealing with police refusal to register an FIR, the magistrate complaint route can be your judicial backup plan.

When This Route Actually Makes Sense

Picking this route is not a coin toss. It works in three typical situations:

• Police refused FIR. You sent a written application to the SHO and a copy to the DCP. Nothing happened. The Allahabad High Court and many others have held that in such cases the complainant is free to file a private complaint before the magistrate having jurisdiction.
• Non-cognizable offences. For offences like simple defamation under the old IPC Section 500 (now BNS), or many quasi-civil disputes that have a criminal flavour, the police usually cannot register or investigate without a magistrate's order. Going directly to the magistrate is the cleaner path.
• Private dispute, criminal angle. Cheating in a closed business circle, criminal breach of trust between known parties, threats sent on WhatsApp by a known person, neighbour disputes that have crossed the line. Here the complainant already knows the accused, knows the witnesses, and a private complaint is often more effective than waiting for police paperwork.

Drafting Tips, Documents and Witnesses

The complaint petition is your first impression on the magistrate. A few practical tips that come straight from how courts treat these matters:

1. Set out facts in date order. What happened, on what date, at what place, who was present. Avoid emotion. The Supreme Court has said that the complaint must disclose all facts constituting the offence before the magistrate takes cognizance.
2. Mention the offence, even if the section is wrong. Courts have repeatedly said that mentioning the wrong section is at most an irregularity. Not mentioning the basic offence at all is a real defect.
3. Sign every page. An unsigned complaint can be refused on the spot.
4. Attach key documents. Cheque copies, bank returning memos, WhatsApp printouts, agreements, demand notices, courier slips. The magistrate forms his prima facie view from these papers plus your sworn statement.
5. Bring witnesses on the same day. Section 200 (BNSS 223) speaks of "witnesses present". If your witnesses are with you on the day of filing, the magistrate can examine them right there. Otherwise you may have to come back, and that becomes a separate hearing.
6. Keep the verification clean. The verification clause at the end says the contents are true to your knowledge. Magistrates cross-check this on oath, and a careless verification can tank the complaint.

What Should I Actually Do Now?

If you are seriously thinking of going the magistrate complaint route, here is a clean checklist:

1. Try the FIR route on paper first. Send a written complaint to the SHO and a copy to the DCP, get a diary number. Even if the police do not act, that paper trail strengthens your private complaint.
2. List the offences. Look at the new BNS sections (or the older IPC sections) that cover what the accused did. If unsure, a lawyer can do this in 30 minutes.
3. Identify the right magistrate. Territorial jurisdiction is decided by where the offence took place, not where you live. In Delhi this means the right district court.
4. Draft the complaint petition. Date order of facts, parties, jurisdiction, offence, prayer for issue of process and trial.
5. Collect documents and witnesses. Originals if possible, with a list of documents at the end of the complaint.
6. File and appear personally. Sign the petition. Be ready for the examination on oath under BNSS 223.
7. If the magistrate orders a Section 225 inquiry, co-operate fully. Provide whatever the magistrate or investigating officer asks for.
8. If the complaint is dismissed, read the order carefully. Within the limitation period, consider a criminal revision before the Sessions Judge — see our deeper guide on criminal misc remedies for that branch.
9. If process is issued, stay engaged. The pre-summoning stage is over; trial begins.
10. Talk to a lawyer before filing, not after dismissal. A 30-minute review can save 30 hearings.

A Quiet Last Word Before You File

A complaint case before magistrate is one of the oldest, quietest powers an ordinary citizen has in Indian criminal law. It does not need a press conference. It does not need political contacts. It needs a clean petition, a calm complainant on oath, a few honest witnesses, and a magistrate willing to apply BNSS 223 to 227 properly. If your matter has been brushed aside by the system once, the door of the magistrate's court is still open. At Pinaka Legal, our team has filed and defended such complaints in Delhi for years; if you would like a careful look at your facts before stepping into court, we are happy to sit down with you.

Filing a private complaint is not a weapon. It is a shield. Use it when you genuinely believe a wrong has been done, you have witnesses or documents to back the story, and you are willing to follow it through respectfully. Used like that, even today, it works.

Frequently Asked Questions

What is a magistrate complaint case in simple words?

It is a criminal case you start directly in court, without going through the police. You go to the magistrate, narrate your grievance on oath, and the magistrate decides if there is enough material to summon the accused. The route is recognised under BNSS Sections 223 to 227 (earlier CrPC 200 to 204).

When should I file a magistrate complaint instead of an FIR?

It depends on your situation. You should consider this route when the police have refused to register your FIR despite a written application, when the offence is non-cognizable so the police cannot register it on their own, or when you want direct judicial control over a private dispute that has a clear criminal angle.

Do I need a lawyer to file a complaint before magistrate?

No, the law does not force you to. But yes, in practice it helps. The complaint must be properly drafted, signed, sworn on oath and supported by the right witnesses. A small mistake — wrong jurisdiction, missing verification, weak prayer — can get the complaint dismissed under BNSS 226. Most complainants prefer to take a lawyer for at least the drafting and the first hearing.

What happens after I file the written complaint?

The magistrate first examines you on oath under BNSS 223 and records your statement and any witnesses you bring. The magistrate may then either issue summons under BNSS 227, or postpone process under BNSS 225 to inquire further or order a police investigation, or dismiss the complaint under BNSS 226. The path depends on whether the magistrate is satisfied at the first stage itself.

What is examination on oath under Section 200 CrPC or BNSS 223?

It means the magistrate makes you stand in the witness box, swears you in, and asks you to repeat your version of the story. Your answers and the witnesses present are written down and signed by you, the witnesses, and the magistrate. The Supreme Court in Sabitha Ramamurthy v R.B.S. Channabasavaradhy made it clear that this is a serious step, not a formality.

Can the magistrate refuse to even look at my complaint?

It is rare, and not really allowed. Courts have held that a magistrate cannot refuse to accept a private complaint just because some other complaint by the other side is already pending, or because sanction has not yet come, unless the law specifically requires sanction first. Once the petition is properly signed and presented, the magistrate is generally obliged to take it on file and proceed under BNSS 223.

What if the magistrate dismisses my complaint?

Under BNSS 226 (old CrPC 203) the magistrate must briefly write down reasons for dismissal. You then have two main options. You can move a criminal revision before the Sessions Judge under the revisional provisions, or in serious cases, approach the High Court. A complaint case before magistrate is therefore not the end of the road if the dismissal is wrong on facts or law.

How long does a complaint case take in Delhi courts?

It depends on the offence and the court. The pre-summoning stage, where the magistrate examines you and decides whether to issue process, can take a few hearings spread over a few months. After process is issued, the trial follows the usual summons or warrant procedure. Be ready for a multi-year journey, not a one-day fix.

Is a magistrate complaint better than an FIR?

Neither is automatically better. An FIR triggers police investigation, which is useful when you need recovery, arrest or forensic work. A complaint case before magistrate gives you direct judicial entry but the burden of proof rests squarely on you and your witnesses. Sometimes both routes are used together — the FIR for police muscle, the magistrate complaint for a parallel judicial track.

Written by the Pinaka Legal Editorial Team. For queries, call +91 8595704798 or email info@pinakalegal.com. For more articles on Indian law, visit the Pinaka Legal Blog.