Can I file a criminal complaint directly in court without going to the police?

Yes. Any person can file a complaint before the Magistrate under section 223 BNSS, though it helps to show that the police were approached first, and for a direction to the police under section 175(3) that is compulsory.

Does the accused have to appear in person for the pre-cognizance hearing?

Not necessarily. The proposed accused may be heard through an advocate, and the hearing is confined to whether the complaint discloses an offence.

What happens if the Magistrate dismisses my complaint?

The complainant can file a criminal revision before the Sessions Court against the dismissal order. A fresh complaint on the same facts is generally not entertained unless exceptional circumstances are shown.

Which court do I file in for an offence in Rohini?

The Magistrate's court at the Rohini Court Complex to which the police station where the offence occurred is assigned. The place of offence, not where you live, decides it.

Is there a time limit for filing a private complaint?

For offences punishable only with fine or with imprisonment up to three years, the BNSS sets limitation periods of six months, one year or three years. More serious offences have no such bar, though unexplained delay weakens a complaint.

Can the police be asked to investigate after I file a complaint case?

Yes. Under section 225 BNSS the Magistrate may postpone process and direct an investigation by the police or by any other person to decide whether there is sufficient ground to proceed.

Criminal

Private Criminal Complaints Under Section 223 BNSS: From Filing to Summons

Q: Will the accused be heard before being summoned?

Yes. Under the first proviso to section 223(1) BNSS, the Magistrate must give the proposed accused an opportunity of being heard before taking cognizance, and the Supreme Court has treated this as mandatory.

A private complaint is a criminal case started by filing a written complaint directly before a Magistrate instead of through a police FIR. Under section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Magistrate examines the complainant and witnesses on oath and, before taking cognizance, must give the proposed accused an opportunity of being heard. The Magistrate then dismisses the complaint or issues summons. For complaints arising in North or North-West Delhi, the case is filed at the Rohini Court Complex.

People usually reach a private complaint after the police have refused to register an FIR, or where the offence is one the police cannot investigate without a Magistrate's order. It is also the only route for some offences, such as dishonour of a cheque under section 138 of the Negotiable Instruments Act. Since the BNSS came into force on 1 July 2024 the procedure has a new step that changes how these cases are fought: the pre-cognizance hearing of the accused.

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Complaint or a direction to the police?

A person whose complaint the police have not acted on has two routes before the Magistrate, and they lead to very different cases.

An application under section 175(3) BNSS asks the Magistrate to direct the police to register an FIR and investigate. It needs an affidavit and proof that the complainant first approached the Superintendent of Police, or in Delhi the Deputy Commissioner of Police, under section 173(4). It suits cases where evidence has to be collected by searches, seizures or examination of bank and phone records.
A complaint case under section 223 asks the Magistrate to take cognizance on the complainant's own evidence. It suits cases where the complainant already holds the evidence, such as documents, messages and witnesses, and wants control over the prosecution.

Choosing wrongly costs months. Our page on FIR matters in Delhi covers the police route.

The procedure step by step

1.Drafting and filing. The complaint sets out the facts with dates, the offences under the Bharatiya Nyaya Sanhita, the place of offence (which decides the court), the list of witnesses and the documents. It is filed before the Magistrate having jurisdiction over that police-station area.
2.Pre-summoning evidence. The Magistrate examines the complainant and any witnesses present on oath, and the substance is reduced to writing and signed (section 223(1)). This is the evidence on which the case will stand or fall at this stage.
3.Hearing the proposed accused. The first proviso to section 223(1) says no cognizance shall be taken without giving the accused an opportunity of being heard. Notice goes to the person named, who may appear and point out why the complaint does not disclose an offence.
4.Inquiry where needed. Under section 225 the Magistrate may postpone issue of process and hold an inquiry, or direct an investigation by the police or another person. Where the accused lives outside the Magistrate's territorial jurisdiction, this inquiry is mandatory.
5.Dismissal or summons. If there is no sufficient ground, the complaint is dismissed with brief reasons under section 226. If there is, process issues under section 227 and the accused is summoned to face trial.

The pre-cognizance hearing in practice

The hearing of the accused before cognizance is new and has been read strictly. In Kushal Kumar Agarwal v. Directorate of Enforcement (2025) the Supreme Court set aside a cognizance order because the accused had not been heard first, and in 2026, in Parvinder Singh v. Directorate of Enforcement, it described the hearing as a substantive right and held that cognizance taken without it is void. Both arose from complaints by the Enforcement Directorate, but the proviso applies to complaints generally.

For a complainant, the consequence is that the complaint and the pre-summoning evidence must disclose every ingredient of the offence on their face, because the accused now gets a chance to attack them before any summons. For the person named, the hearing is a real opportunity: a complaint that turns a civil dispute into a criminal one, or that is barred by limitation or lacks a required sanction, can be resisted at the threshold, without having to apply for discharge or quashing later.

The hearing is limited. It is not a trial, and the accused cannot ordinarily lead defence evidence; the question is whether the complaint and the complainant's evidence make out a case to proceed.

Special cases

Complaints against public servants: section 223(2) requires the Magistrate to give the public servant an opportunity to explain the incident and to obtain a report from the officer's superior, for acts said to be done in the discharge of official duties. A sanction for prosecution may also be needed.
Offences triable by the Court of Session: the Magistrate takes cognizance and commits the case to the Sessions Court; in a complaint case, all of the complainant's witnesses are examined first.
Cheque dishonour: complaints under section 138 of the Negotiable Instruments Act are complaint cases with their own limitation and notice rules; see our cheque bounce practice.

Filing at Rohini: practical points

Complaints for offences committed in the North and North-West districts are filed at Rohini and marked to the Magistrate assigned to the police station concerned. The complaint should annex the police complaint and any DCP complaint with their receipts, the documents relied on, and a certificate under section 63 of the Bharatiya Sakshya Adhiniyam for electronic records such as WhatsApp chats and emails.

The complainant must attend for the sworn statement, and absence on later dates can lead to dismissal for default in some cases. Where the person named wishes to resist summons, or has already been summoned and wants the order set aside, the challenge goes by revision before the Sessions Court or by a petition under section 528 BNSS in the Delhi High Court; see FIR and complaint quashing. For wider criminal work at the complex, see criminal practice at Rohini Court.

Frequently Asked Questions

Common questions

Yes. Any person can file a complaint before the Magistrate under section 223 BNSS, though it helps to show that the police were approached first, and for a direction to the police under section 175(3) that is compulsory.