A private complaint under the Bharatiya Nagarik Suraksha Sanhita (BNSS) is a legal mechanism where a victim or informant directly approaches a Judicial Magistrate to seek justice. It is typically filed under Section 223 of the BNSS (replacing Section 200 of the old CrPC) when the police refuse to register an FIR or conduct a fair investigation. [1, 2, 3] 


Key Procedural Steps

The step-by-step process of filing and processing a private complaint under the BNSS involves the following stages:

• 1. Drafting the Complaint: The complaint is drafted in writing, containing the facts, dates, times, locations, and the names of the complainant and the accused. It must also mention the specific offenses allegedly committed under the Bharatiya Nyaya Sanhita (BNS).
• 2. Filing in Court: The complaint is presented directly before the jurisdictional Magistrate.
• 3. Pre-Cognizance Hearing (A Vital New Safeguard): Unlike the old CrPC, Section 223 of the BNSS mandates that before a Magistrate takes cognizance of an offense, they must issue a notice to the accused, giving them an opportunity to be heard.
• 4. Examination of Complainant & Witnesses: The Magistrate examines the complainant and any witnesses under oath.
• 5. Magistrate’s Decision: After hearing both the complainant and the accused, the Magistrate can take one of the following actions:

• Dismiss the complaint if there are no sufficient grounds to proceed.
• Order a preliminary inquiry (under Section 210 of the BNSS) or direct the police to investigate.
• Issue summons or warrants (under Section 224 of the BNSS) to formally summon the accused to stand trial. [1, 4, 5, 6, 7] 

Important Precedent & Guidelines


To prevent false or malicious litigation, the Supreme Court has emphasized that private complaints should ideally be supported by a sworn affidavit. [1] 

For comprehensive drafting guidelines and sample formats, you can refer to legal resources such as Criminal Complaint Format or review the statutory text on Indian Kanoon.

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[1] https://www.youtube.com/watch?v=GKRmtpyIt2U
[2] https://www.vidhikarya.com/legal-blog/private-complaints-under-bnss
[3] https://www.vbcllawreview.com/post/private-complaints-in-bnss-empowering-citizens-or-overloading-courts
[4] https://cdnbbsr.s3waas.gov.in/s3ec030b6ace9e8971cf36f1782aa982a7/uploads/2025/12/2025120738.pdf
[5] https://testbook.com/question-answer/explain-the-following-under-bnss–69418bbca35f876feb1a2ec1
[6] https://lawrato.com/criminal-legal-advice/bnss-2023-sec-223-versus-1973-cr-code-200-for-private-complaint-cases-260147
[7] https://lawsikho.com/blog/criminal-complaint-format/