Definition
A person who makes a complaint (oral or written allegation of commission of a non-cognizable offence) to a magistrate — to be distinguished from an informant who gives information about a cognizable offence to the police.
Under BNSS 2023, the term 'complainant' refers specifically to the person who makes a 'complaint' under Section 2(1)(d) — an allegation about a non-cognizable offence made to a magistrate. For cognizable offences, the equivalent is the 'informant' who gives information to the police (First Information Report — FIR). The complainant in a complaint case may not be the victim — they may be a concerned citizen or a statutory body. The complainant's complaint may be dismissed under Section 203 BNSS (insufficient grounds) or may be taken cognizance of under Section 210 BNSS. If cognizance is taken and the accused is not arrested, the magistrate may issue a summons or warrant.
Statutory Definition
Section 2(1)(d), Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: 'complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report.' [The person making the complaint is the complainant.]
Etymology & Origin
From Old French 'complaindre' (to complain, to bewail) from Latin 'complangere' (to lament, to complain). A 'complainant' is literally one who 'complains' — who brings their grievance to the court's attention.
Full Legal Analysis
Complainant: Starting the Non-Cognizable Criminal Process
Indian criminal law has two main pathways for initiating prosecution: (a) the FIR route (for cognizable offences — cognizance taken directly by police, then forwarded to magistrate); and (b) the complaint route (for non-cognizable offences — the complainant goes directly to the magistrate). The complainant is the person who initiates the second pathway — they bring their allegation directly to the court.
Complaint vs. FIR: Key Distinctions
(a) Subject matter: A complaint is appropriate for non-cognizable offences (where police cannot arrest without warrant). An FIR is for cognizable offences. (b) Recipient: Complaint → Magistrate; FIR → Police Officer-in-Charge of a police station. (c) Procedure after receipt: FIR: police investigate and file chargesheet; Complaint: magistrate examines complainant on oath (Section 202 BNSS), may direct enquiry or investigation, then takes cognizance (Section 210 BNSS) or dismisses (Section 203 BNSS). (d) Trial: Complaint cases are often 'warrant trial' or 'summons trial' directly before the magistrate — the prosecution is conducted by the complainant (or their advocate), not by the state public prosecutor.
Rights of the Complainant
A complainant is not merely a witness — in a complaint case they effectively conduct the prosecution: (a) they examine witnesses; (b) they present evidence; (c) they can appeal against an acquittal (Section 415 BNSS — with the court's leave, a complainant can appeal against acquittal in a complaint case). This prosecutorial role of the complainant in non-cognizable offence cases distinguishes the complaint procedure significantly from FIR-based cognizable offence proceedings.
“In a complaint case, the complainant is not just a witness — they are the prosecutor. They have brought the case, they must prove it, and if they are aggrieved by the outcome, they have the right to appeal. The complaint procedure gives the individual citizen a direct path to criminal justice without waiting for the police.”
This Term in Indian Statutes
Bharatiya Nagarik Suraksha Sanhita, 2023, 2023
"complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report."
Complaint: allegation to Magistrate for non-cognizable offences — complainant conducts prosecution
