Complaint
Also called: Private complaint, Complaint case
Under Section 2(1)(h) of the BNSS, an oral or written allegation to a Magistrate, made so that he acts under the Sanhita, that some person, known or unknown, has committed an offence. A police report is excluded.
Explained
Section 2(1)(h) of the BNSS (earlier Section 2(d) of the CrPC) defines a complaint as any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Sanhita, that some person, whether known or unknown, has committed an offence, but it does not include a police report. Under the Explanation, a report by a police officer which, after investigation, discloses a non-cognizable offence is deemed to be a complaint, and the officer making it is deemed to be the complainant.
The elements are an allegation, oral or written; made to a Magistrate and not to the police; with a view to the Magistrate taking action; that an offence has been committed. The offender need not be named. Information about a cognizable offence given to the police under Section 173 is not a complaint. Under Section 210(1)(a) a Magistrate may take cognizance upon receiving a complaint of facts which constitute an offence, including a complaint filed by a person authorised under any special law.
In a complaint case, Section 223 requires the Magistrate to examine the complainant and the witnesses present on oath, and its first proviso, new in the BNSS, bars cognizance without giving the accused an opportunity of being heard. Examination is not needed where a public servant acting in the discharge of official duties, or a Court, has made the complaint in writing. The Magistrate may postpone process and direct an inquiry or investigation under Section 225, dismiss the complaint under Section 226, or issue process under Section 227. For some offences, such as those against public justice listed in Section 215, a complaint by the public servant or Court concerned is the only route to cognizance.
Other statutes give the word their own meaning. Under Section 2(6) of the Consumer Protection Act, 2019 a complaint must be in writing and seek relief under that Act. Section 142 of the Negotiable Instruments Act, 1881 bars cognizance of a Section 138 offence except on a written complaint by the payee or holder in due course, made within one month of the cause of action. Examiners test the oral complaint, the unknown offender, the police report exclusion and the deemed complaint in the Explanation.
What the law says
(h) “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.
Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
Clause (1)(h) defines complaint and deems certain police reports complaints
Earlier law: CRPC 2. Definitions.
(a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence;
(b) upon a police report (submitted in any mode including electronic mode) of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
Cognizance by a Magistrate upon receiving a complaint
Earlier law: CRPC 190. Cognizance of offences by Magistrates.
(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard:
Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—
Examination of complainant; accused to be heard before cognizance
Earlier law: CRPC 200. Examination of complainant.; New Sub-Section
(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:
[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period;]
Section 138 cognizance only on a written complaint within one month
Section 2, Consumer Protection Act
(6) “complaint” means any allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that—
(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;
(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;
(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;
(iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—
(a) fixed by or under any law for the time being in force; or
Clause (6) defines complaint for consumer disputes
Earlier law: Section 2, CrPC
Example
For example, a shopkeeper who appears before a Magistrate and orally alleges that unknown persons broke into his shop has made a complaint, even though he names no one and puts nothing in writing.
For the exam
- A complaint may be oral or written, and the offender may be 'known or unknown'.
- It is made to a Magistrate. A police report is not a complaint.
- Explanation: a police report disclosing only a non-cognizable offence after investigation is deemed a complaint.
- Section 223 BNSS: no cognizance on a complaint without hearing the accused (new proviso).
- NI Act Section 142: Section 138 cases need a written complaint by payee or holder within one month.
953 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- Police reportThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
- Cognizable offenceAn offence for which a police officer may arrest without warrant, in accordance with the First Schedule to the BNSS or any other law in force.
- Non-cognizable offenceAn offence for which a police officer has no authority to arrest without warrant. A case involving such an offence is a non-cognizable case.
- Summons-caseA case relating to an offence that is not a warrant-case, that is, an offence punishable with imprisonment up to two years or with fine only. Defined in Section 2(1)(x) of the BNSS.
- ConsumerUnder Section 2(7) of the Consumer Protection Act, 2019, a person who buys goods or hires or avails of services for consideration, including approved users and beneficiaries, but not for resale or commercial purpose.
- ChequeA bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, including the electronic image of a truncated cheque and a cheque in electronic form. Section 6 of the NI Act.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.