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Criminal Complaint — Format and Filing Procedure Under CrPC 2026

Complete guide to filing criminal complaints. Format, Section 200 CrPC, cognizable vs non-cognizable, Magistrate complaint, private complaint procedure.

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Last updated: October 2026Verified against: Government sources

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

IN THE COURT OF THE ,

CRIMINAL COMPLAINT NO. _____ OF 20XX

, ..... COMPLAINANT

VERSUS

, ..... ACCUSED

COMPLAINT UNDER SECTION OF

The Complainant most respectfully submits as under:

1. The Complainant is residing/having registered office at .

2. The Accused is residing/carrying on business at .

3-N. .

N+1. The aforesaid acts of the Accused constitute the offence of punishable under Section of .

N+2. The complaint is being filed within the limitation period prescribed under Section of the .

PRAYER: The Complainant prays that: (a) this Court may be pleased to take cognizance of the offence under 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:

Filed through: / In Person | 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.

Quick recapKey facts & short answers

Key Facts About Criminal Complaint — Format

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes Criminal Complaint — Format end to end for you.

When should a criminal complaint be filed instead of an FIR?

File a COMPLAINT (not FIR) when: (1) the offence is NON-COGNIZABLE — police cannot register FIR (e.g., cheque bounce S.138 NI Act, defamation, simple assault), (2) the POLICE REFUSE to register FIR for a cognizable offence — the complainant can directly approach the Magistrate under Section 200, (3) SPECIAL STATUTES require complaint by specific persons (Companies Act offences — complaint by ROC/SEBI/authorized person), (4) the complainant wants to directly approach the MAGISTRATE without police involvement. FIR is for cognizable offences only — filed at the police station.

What is the procedure after filing a criminal complaint?

After filing: (1) Magistrate EXAMINES the complainant on oath (Section 200) — records their statement, (2) Magistrate may order INQUIRY or INVESTIGATION (Section 202) — to verify whether sufficient grounds exist, (3) If NO sufficient ground: complaint DISMISSED (Section 203), (4) If sufficient ground exists: Magistrate issues PROCESS — summons or warrant against the accused (Section 204), (5) Accused appears, charge is FRAMED, (6) TRIAL proceeds — prosecution evidence, defence evidence, arguments, (7) JUDGMENT — conviction or acquittal.

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Criminal Complaint — Format: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

READY DRAFTCriminal Complaint to Magistrate — Format (CrPC/BNSS)

A private complaint filed before a Judicial Magistrate under Section 200 CrPC (Section 223 BNSS) seeking cognizance and process against the accused for offences not adequately handled by the police.

   IN THE COURT OF THE LEARNED CHIEF JUDICIAL MAGISTRATE / JMFC,
                          [City / District]

                  Criminal Complaint No. ______ of 2026

[Name of Complainant], S/o [___], aged [__] years,
resident of [Full Address]                          ... COMPLAINANT

                            VERSUS

1. [Name of Accused No. 1], S/o [___], r/o [Address]
2. [Name of Accused No. 2], S/o [___], r/o [Address]        ... ACCUSED

COMPLAINT UNDER SECTION 200 OF THE CODE OF CRIMINAL PROCEDURE, 1973
(SECTION 223 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) FOR
OFFENCES PUNISHABLE UNDER SECTIONS [318/420 & 406 IPC / BNS 2023
Ss. 318(4) & 316] OF THE INDIAN PENAL CODE / BHARATIYA NYAYA SANHITA.

MOST RESPECTFULLY SHOWETH:

1.  That the Complainant is a [law-abiding citizen / proprietor of
    M/s ____] residing/carrying on business within the territorial
    jurisdiction of this Hon'ble Court.

2.  That the Accused are known to the Complainant and, at the
    relevant time, [describe the relationship / transaction].

3.  That on [DD/MM/YYYY] at about [__] a.m./p.m. at [place, within
    the jurisdiction of this Hon'ble Court], the Accused, with
    dishonest and fraudulent intention, [state concisely the facts
    constituting the offence — e.g. induced the Complainant to part
    with ₹[amount] on a false representation and thereafter
    misappropriated the same / issued a threat / committed criminal
    breach of trust].

4.  That the aforesaid acts of the Accused constitute offences
    punishable under Sections [420 & 406] of the Indian Penal Code,
    1860 (corresponding Sections [318(4) & 316] BNS, 2023).

5.  That the Complainant lodged a written complaint dated
    [DD/MM/YYYY] with the [___] Police Station, but no First
    Information Report has been registered / no effective action has
    been taken, leaving the Complainant with no option but to approach
    this Hon'ble Court. (Copy annexed as Annexure-A.)

6.  That the cause of action arose on [DD/MM/YYYY] at [place], which
    falls within the territorial jurisdiction of this Hon'ble Court.

7.  That the Complainant undertakes to appear and adduce evidence in
    support of this complaint.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court
may graciously be pleased to:

 (a) take cognizance of the offences and record the statement of the
     Complainant and his witnesses on oath under Section 200 CrPC
     (Section 223 BNSS);
 (b) issue process / summons against the Accused and try them
     according to law; and
 (c) pass such other order as this Hon'ble Court may deem fit in the
     interest of justice.

                                          [Name of Complainant]
Place: [City]                             Through Counsel
Date : [DD/MM/2026]                       [Name of Advocate], Advocate

LIST OF WITNESSES:
  1. [Name & Address]      2. [Name & Address]

LIST OF DOCUMENTS:
  1. Copy of complaint to Police (Annexure-A)
  2. [Agreement / receipts / dishonoured cheque etc.]

                        VERIFICATION

I, [Name of Complainant], the above-named Complainant, do hereby
verify that the contents of paragraphs 1 to 7 above are true and
correct to my knowledge, and nothing material has been concealed
therefrom.

Verified at [City] on this [__] day of [Month], 2026.

                                          ____________________
                                             COMPLAINANT
▸ How to use & important notes
  • A private complaint needs a court-fee stamp only as prescribed locally; the Magistrate then examines the complainant and witnesses on oath under Section 200 CrPC / Section 223 BNSS before issuing process.
  • Cite offences under both the IPC 1860 and the corresponding Bharatiya Nyaya Sanhita 2023 section — for offences on or after 1 July 2024 the BNS applies.
  • Attach the copy of your written police complaint; showing police inaction supports the Magistrate directing an inquiry or invoking Section 156(3) CrPC / Section 175(3) BNSS.
  • File within the territorial jurisdiction where the offence (or part of it) occurred, and be mindful of limitation under Section 468 CrPC / Section 514 BNSS for minor offences.

Disclaimer: This is a general-purpose template for reference only. Facts, figures, stamp duty and clauses vary with your situation and state law — have it reviewed before use. Need this professionally drafted, stamped and filed? Talk to a TaxClue expert.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 5 questions readers ask most on this topic.

File a COMPLAINT (not FIR) when: (1) the offence is NON-COGNIZABLE — police cannot register FIR (e.g., cheque bounce S.138 NI Act, defamation, simple assault), (2) the POLICE REFUSE to register FIR for a cognizable offence — the complainant can directly approach the Magistrate under Section 200, (3) SPECIAL STATUTES require complaint by specific persons (Companies Act offences — complaint by ROC/SEBI/authorized person), (4) the complainant wants to directly approach the MAGISTRATE without police involvement. FIR is for cognizable offences only — filed at the police station.

After filing: (1) Magistrate EXAMINES the complainant on oath (Section 200) — records their statement, (2) Magistrate may order INQUIRY or INVESTIGATION (Section 202) — to verify whether sufficient grounds exist, (3) If NO sufficient ground: complaint DISMISSED (Section 203), (4) If sufficient ground exists: Magistrate issues PROCESS — summons or warrant against the accused (Section 204), (5) Accused appears, charge is FRAMED, (6) TRIAL proceeds — prosecution evidence, defence evidence, arguments, (7) JUDGMENT — conviction or acquittal.

Under Section 138 NI Act — strict timeline: (1) Cheque DISHONORED on presentation, (2) Demand notice sent within 30 DAYS of receiving dishonor memo, (3) Wait 15 DAYS for payment, (4) If unpaid: file complaint within 30 DAYS of expiry of the 15-day period. Total: approximately 75-90 days from dishonor. Missing ANY deadline: the complaint is TIME-BARRED. The Supreme Court has emphasized strict compliance with these timelines. The complaint is filed before the Judicial Magistrate First Class / Metropolitan Magistrate.

YES — a company can file a criminal complaint through an AUTHORIZED REPRESENTATIVE: (1) a director authorized by Board Resolution, (2) the Company Secretary authorized by Board Resolution, (3) any employee authorized by Board Resolution and special Power of Attorney. The Board Resolution should specifically authorize the person to: (a) file the criminal complaint, (b) sign the verification, (c) appear before the Magistrate for examination under Section 200. For Companies Act offences: certain complaints can only be filed by the ROC or other specified authorities (not the company itself).

Under Section 357 CrPC (Section 395 BNSS): the court, when passing judgment, may order the ACCUSED to pay COMPENSATION to the complainant for: (1) loss or injury suffered, (2) costs of prosecution. Under Section 357A: if the court finds the compensation under Section 357 inadequate: it may recommend the State to pay compensation from the Victim Compensation Fund. For cheque bounce (Section 138 NI Act): the court can award compensation up to TWICE the cheque amount (Section 143A — interim compensation of 20% of cheque amount during trial). Compensation is in ADDITION to the criminal sentence (imprisonment/fine).