What Is a Criminal Complaint?
Under Section 2(d) CrPC: a "complaint" means any allegation made orally or in writing to a Magistrate with a view to their taking action, that some person has committed an offence. A criminal complaint is the mechanism by which a private person (not the police) directly approaches the Magistrate to initiate criminal proceedings. This is particularly relevant for: (a) non-cognizable offences — where the police cannot register an FIR (e.g., cheque bounce under Section 138 NI Act, defamation, criminal breach of trust), (b) when the police refuse to register an FIR for a cognizable offence, (c) offences under special statutes (Companies Act, SEBI Act) where the statute requires complaint to be filed by specific persons.
Specimen Criminal Complaint Format
[For Magistrate Court]
IN THE COURT OF THE [JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE], [CITY]
CRIMINAL COMPLAINT NO. _____ OF 20XX
[Complainant Name], [Address] ..... COMPLAINANT
VERSUS
[Accused Name], [Address] ..... ACCUSED
COMPLAINT UNDER SECTION [Section Number] OF [Act Name]
The Complainant most respectfully submits as under:
1. The Complainant is [description — individual/company/authorized representative] residing/having registered office at [Address].
2. The Accused is [description] residing/carrying on business at [Address].
3-N. [Facts — chronologically, one per paragraph. State: (a) the relationship between parties, (b) the transaction/event, (c) the specific criminal act committed by the Accused, (d) when and where the offence was committed, (e) the loss/injury caused].
N+1. The aforesaid acts of the Accused constitute the offence of [offence name] punishable under Section [Section] of [Act].
N+2. The complaint is being filed within the limitation period prescribed under Section [Section] of the [Limitation Act/specific statute].
PRAYER: The Complainant prays that: (a) this Court may be pleased to take cognizance of the offence under Section [Section], (b) issue process (summons/warrant) against the Accused, (c) after trial, convict and sentence the Accused, (d) award compensation under Section 357 CrPC.
VERIFICATION: [Standard verification — personal knowledge and information/belief]
Filed through: [Advocate Name] / In Person | Date: [Date]
Section 138 NI Act — Cheque Bounce Complaint
The most common criminal complaint filed by CS professionals. Requirements: (a) cheque issued for discharge of legally enforceable debt, (b) dishonored on presentation, (c) demand notice sent within 30 days of dishonor memo, (d) accused failed to pay within 15 days of notice receipt, (e) complaint filed within 30 days of expiry of the 15-day period. Total timeline: approximately 75-90 days from dishonor to complaint filing.
Magistrate's Procedure — Section 200-204
On receiving the complaint: (a) Section 200: The Magistrate examines the complainant ON OATH — records their statement. (b) Section 202: The Magistrate may order an INQUIRY or INVESTIGATION to decide whether to issue process. (c) Section 203: If the Magistrate finds no sufficient ground: DISMISSES the complaint. (d) Section 204: If the Magistrate finds sufficient ground: issues PROCESS (summons or warrant) against the accused. The accused then appears, is charged, and the trial proceeds.
Disclaimer: This article is for informational purposes only and does not constitute legal or professional advice. While every effort has been made to ensure accuracy based on the latest laws and amendments, readers should consult a qualified professional before acting on any information provided. For expert assistance, contact us.