New Procedure for Filing a Private Complaint as per the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023

Introduction to the BNSS 2023

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks a significant and comprehensive reform in the Indian legal landscape, replacing the colonial-era Code of Criminal Procedure, 1973. Formally brought into force by Central-government notification on July 1, 2024, the BNSS aims to streamline and modernize criminal procedures, introducing reforms focused on enhancing the efficiency, accessibility, and technological integration of the criminal justice system. One of the critical areas of change under this new legislation is the procedure for filing a private complaint to the court or magistrate, particularly around Sections 223 to 229. Recent clarifications from the Ministry of Home Affairs (MHA) and several High Courts, alongside BPR&D's Standard Operating Procedures for electronic service of summons, have significantly shaped the practical implications of these changes. This article delves into the key aspects of this updated procedure, interpreting relevant sections and providing valuable insights for practitioners navigating the post-July 2024 legal environment.

Understanding Private Complaints

A private complaint is an allegation made to a magistrate, orally or in writing, with the intent of initiating legal action against a person accused of committing an offense. Unlike police reports, private complaints are initiated by individuals rather than law enforcement agencies.

Filing a Private Complaint: Key Sections and Procedure

Section 223: Examination of Complainant

Upon receiving a complaint, the magistrate must examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. However, there are exceptions where the magistrate need not examine the complainant, such as when a public servant or a court makes the complaint.

Crucially, Section 223 includes a significant proviso: "Provided that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses if a public servant acting or purporting to act in the discharge of his official duties, or a Court, has made the complaint or if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 228."

High Court Endorsed Sequence for Complaints: High Courts now insist on a specific four-step sequence endorsed in judgments like Basanagouda R. Patil v. Shivananda S. Patil, Kar. HC, September 27, 2024:

1. Record Sworn Statements: The magistrate first records the sworn statements of the complainant and any witnesses.

2. Issue Notice: A notice is then issued to the proposed accused. The complaint, along with the sworn statements, must accompany this notice.

3. Hear Accused: The accused is provided an opportunity to be heard.

4. Take Cognisance: Only after following these steps can the magistrate proceed to take cognisance. Failure to strictly adhere to this sequence, as reaffirmed in the Kushal Kumar Agarwal line of cases (J&K & Ladakh, P&H, Calcutta HCs), is fatal to the proceedings and can lead to cognisance orders being quashed.

Section 224: Procedure by Incompetent Magistrates

Suppose a complaint is made to a magistrate who is not competent to take cognisance of the offence. In that case, the magistrate must either return the complaint for presentation to the appropriate court or direct the complainant to the proper court. This ensures that the complaint is heard by a magistrate with the necessary jurisdiction.

Section 225: Postponement of Issue of Process

The magistrate, upon receiving a complaint, may postpone the issue of process against the accused. The magistrate can either inquire into the case themselves or direct an investigation by a police officer or other authorised person to determine if there are sufficient grounds for proceeding. This step is crucial for filtering out frivolous or baseless complaints and ensuring that only legitimate cases proceed to trial.

When Postponement is Obligatory:

The need for an inquiry or police probe under Section 225 becomes mandatory when the accused resides outside the jurisdiction of the Magistrate. High Court rulings such as Amarjeet Singh Grewal v. Vinod Aggarwal, P&H HC, January 24, 2025, have emphasised that this inquiry is obligatory even in cases under the Negotiable Instruments Act (NI Act), quashing summons issued without it. Magistrates may also take evidence on oath during this Section 225 inquiry.

Section 226: Dismissal of Complaint

After considering the statements of the complainant and witnesses, and the results of any inquiry or investigation (including a Section 225 inquiry), the magistrate may dismiss the complaint if there are no sufficient grounds for proceeding. The reasons for dismissal must be briefly recorded. This provision safeguards against the misuse of the legal system and ensures that the accused are not unduly harassed by baseless allegations.

The interplay between Section 223, 225, and 226 is critical. As explained in Brand Protectors India Pvt Ltd v. Anil Kumar, Del. HC, July 25, 2025, correct procedure involves following the Section 223 mandate, conducting a Section 225 inquiry where necessary, and then proceeding under Section 227 or Section 226.

Section 227: Issue of Process

If the magistrate finds sufficient grounds for proceeding with the case, they will issue a summons or warrant to the accused. The decision to issue a summons or warrant depends on whether the case is a summons case or a warrant case. The summons or warrant must be accompanied by a copy of the complaint, ensuring that the accused is fully informed of the charges against them.

Section 228: Dispensation of Personal Attendance

In cases where the magistrate issues a summons, they may dispense with the personal attendance of the accused and permit them to appear through a pleader. This provision is particularly beneficial in cases involving minor offences, allowing for more efficient management of court resources and reducing the burden on the accused.

Section 229: Special Summons for Petty Offences

For petty offences, the magistrate may issue a special summons requiring the accused to either appear in person or through a pleader or to plead guilty without appearing before the magistrate. This provision simplifies the process for minor cases, allowing for swift resolution and reducing the court's workload.

Insights and Practical Implications

Enhanced Efficiency and Accessibility

The BNSS 2023's provisions for filing private complaints are designed to enhance the efficiency and accessibility of the criminal justice system. By allowing magistrates to filter out baseless complaints and by streamlining procedures for minor offences, the BNSS ensures that court resources are utilised effectively and that justice is delivered swiftly.

Safeguarding Against Misuse

The detailed procedures for examining complainants, directing investigations, and dismissing baseless complaints safeguard against the misuse of the legal system. These provisions protect individuals from being unduly harassed by frivolous complaints while ensuring that legitimate cases are heard.

Doctrinal Debate: Cognisance vs. Issuance of Process (Section 223 proviso)

Legal commentaries (e.g., Lexology & SCC Online) highlight an ongoing doctrinal debate regarding the Section 223 proviso – whether the examination of the complainant is dispensed with when the Magistrate takes "cognisance" or when they "issue process." This subtle distinction has potential conflicts with earlier Supreme Court dicta (e.g., in Mehmood Ul Rehman v. Khazir Mohammad Tunda, often referred to as Videocon cases under CrPC), suggesting future jurisprudence will likely clarify this critical procedural aspect.

Use of Technology

The BNSS explicitly mandates and facilitates the use of technology in legal processes, particularly in the realm of private complaints:

• E-Summons and Proof of Service (Section 70 BNSS): The Bureau of Police Research & Development (BPR&D) has issued detailed Standard Operating Procedures (SOPs) explaining electronic service of summons through e-mail, SMS, and secure web links. Service of summons is now deemed valid on generation of an automated acknowledgement (Section 70(3)). This digital proof of service significantly streamlines the process and reduces delays associated with traditional methods.

• Digital Record-Keeping: Courts may now issue summons with an e-seal. The BNSS mandates digital record-keeping (§ 288, read with new tech-rules), and the e-Sakshya app, launched in April 2024, captures audio-video evidence directly into the e-court file, enhancing transparency and data integrity. Digitally signed judgments are also now permissible.

Victim's Rights

In cases where the punishment is seven years or more, the victim is given an opportunity to be heard before the case is withdrawn by the government (Section 358 BNSS proviso). While no reported cases have directly interpreted this specific proviso yet, it reinforces the BNSS's emphasis on victim participation and protection throughout the legal process.

Summary Trials for Petty Cases

While this article focuses on private complaints, it is worth noting that summary trials for petty and less serious cases under the BNSS (covered in Sections 283-288) have been significantly widened and, for listed offenses, made mandatory. This ensures that minor offenses are resolved swiftly, reducing the court's workload and ensuring that individuals accused of minor offenses do not face prolonged legal battles.

Conclusion

The Bharatiya Nagarik Suraksha Sanhita (BNSS), Act 45 of 2023, introduces profound reforms in the procedure for filing private complaints, emphasising efficiency, accessibility, and the pervasive use of technology. High Court decisions now insist on strict adherence to the pre-cognisance hearing sequence, and digital tools are becoming standard practice. These changes are poised to significantly enhance the criminal justice system, ensuring that justice is delivered swiftly and fairly. Legal professionals and individuals alike must familiarise themselves with these new procedures to navigate the legal landscape effectively.

The BNSS represents a progressive step towards a more efficient and just legal system, reflecting contemporary needs and technological advancements. As these provisions reshape criminal procedure, they promise to transform the way private complaints are handled in India, ensuring that the legal system is both robust and responsive to the needs of its citizens.

Last updated — July 2025

Key Judicial Clarifications (2024-2025)

Section	Court & Case	Procedural Takeaway
223	Basanagouda R. Patil v. Shivananda S. Patil, Kar. HC, 27 Sep 2024	Notice to the accused cannot precede sworn statements; complaint + statements must accompany the notice. Describes the "record statements → issue notice → hear accused → take cognisance" sequence.
223	Kushal Kumar Agarwal line of cases (J&K & Ladakh, P&H, Calcutta HCs)	Reaffirm mandatory pre-cognisance hearing; stress that ignoring the proviso is fatal, leading to quashing of cognisance orders.
225	Amarjeet Singh Grewal v. Vinod Aggarwal, P&H HC, 24 Jan 2025	Section 225 inquiry is mandatory even in NI-Act complaints when the accused lives outside the jurisdiction; summons quashed for skipping it.
223, 225, 226	Brand Protectors India Pvt Ltd v. Anil Kumar, Del. HC, 25 Jul 2025	Cognisance set aside where notice wasn't issued under § 223; court explains the correct interplay of §§ 223-225-226, emphasising the procedural steps required before issuing process.

FAQs

1. What is the BNSS 2023, and why was it introduced? The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces the old Code of Criminal Procedure (CrPC), 1973. It was introduced to modernize India’s criminal justice system, emphasizing technology adoption, speedier justice delivery, and protection of victims’ rights.

   
   

2. What is a private complaint under BNSS? A private complaint is a legal action initiated by an individual (not the police) before a magistrate, alleging that someone has committed an offence. It empowers citizens to seek justice even without police intervention.

   
   

3. How does BNSS 2023 change the process of filing private complaints? The BNSS clarifies and restructures the process. It mandates a clear four-step sequence before taking cognisance:

   1. Recording sworn statements of the complainant and witnesses.

   2. Issuing notice to the accused along with the complaint and statements.

   3. Hearing the accused.

   4. Taking cognisance only after these steps.

      
      

4. What happens if the magistrate is not competent to hear a complaint? Under Section 224, if a magistrate lacks jurisdiction, they must either return the complaint for filing before the proper court or direct the complainant accordingly. This ensures cases are handled by the right authority.

   
   

5. What does Section 225 (Postponement of Process) mean? It allows the magistrate to postpone issuing summons or warrants and conduct an inquiry or request a police investigation first. This ensures only genuine complaints move forward, preventing misuse of the system.

   
   

6. Is an inquiry mandatory under Section 225? Yes, when the accused resides outside the magistrate’s jurisdiction, an inquiry or police investigation is obligatory. Courts have reaffirmed this requirement, especially in cheque bounce and NI Act cases.

   
   

7. Can a magistrate dismiss a private complaint? Yes. Under Section 226, if after examination and inquiry, no sufficient grounds exist, the magistrate may dismiss the complaint with recorded reasons. This helps prevent frivolous litigation.

   
   

8. When does a magistrate issue a summons or warrant? Once the magistrate finds sufficient grounds for proceeding (Section 227), they issue a summons for minor offences or a warrant for serious offences. A copy of the complaint must accompany the process.

   
   

9. Can an accused avoid personal appearance in minor cases? Yes. Under Section 228, the magistrate may permit the accused to appear through a lawyer (pleader), especially in petty cases, improving efficiency and reducing unnecessary appearances.