Complaint

Complaint: Private Initiation of Criminal Proceedings

A complaint is the vehicle by which a private person — the victim, a witness, or any citizen — can approach a Magistrate directly to initiate criminal proceedings, bypassing the police. It is the counterpart to an FIR: where an FIR triggers police investigation, a complaint triggers judicial cognisance. The complainant (not the police) must prove their case, making complaint proceedings more demanding than State-prosecuted cases.

Complaint vs. FIR vs. Police Report

These three instruments are frequently confused: FIR (First Information Report) — filed at a police station for cognisable offences; it sets police investigation in motion. Complaint — filed before a Magistrate for any offence; the Magistrate takes cognisance and may summon the accused. Police Report (Charge Sheet) — submitted by police after completing investigation; it cannot be a 'complaint' by statutory definition, even if it alleges an offence.

Procedure on Complaint

On receiving a complaint, a Magistrate may: (a) take cognisance and issue process (BNSS Section 223); (b) direct police investigation (BNSS Section 175); or (c) conduct a preliminary inquiry to determine if there is sufficient ground to proceed (BNSS Section 223(1) proviso). Before issuing process, the Magistrate must examine the complainant and their witnesses on oath (BNSS Section 223(2)). This examination helps filter out frivolous complaints.

Who Can File

Any person may file a complaint, regardless of whether they are the victim. Certain offences, however, require that the complaint be made only by specified persons — e.g., under the Prevention of Corruption Act, a complaint for corruption offences can only be filed by a police officer of specified rank or by the Central/State Vigilance Commission. Non-compliance with such requirements makes the complaint non-maintainable.

Limitation on Complaints

BNSS Section 479 (formerly CrPC Section 468) imposes limitation on taking cognisance of complaints: offences punishable with fine only — 6 months; offences with imprisonment up to 1 year — 1 year; offences with imprisonment up to 3 years — 3 years. Beyond these periods, a Magistrate cannot take cognisance. The Supreme Court in Sarah Mathew v. Institute of Cardio Vascular Diseases (2014) 2 SCC 62 held that the limitation period runs from the date of the offence, not the date of knowledge.

“A complaint, unlike an FIR, is addressed directly to judicial authority. It places the burden of proof on the complainant and demands more — but it also gives the private citizen direct access to criminal justice.”