Initiation by Complaint; Complaint v. FIR (s.2(1)(h) BNSS) — BNSS (Criminal Law II) Notes

Initiation by Complaint; Complaint v. FIR (s.2(1)(h) BNSS)

Not every crime reaches a court through the police. A citizen may bypass the station entirely and go straight to a Magistrate — that direct approach is a complaint. Knowing exactly how it differs from an FIR is one of the most-set short notes in the paper, and a two-column contrast scores full marks.

A complaint is any allegation made orally or in writing to a Magistrate, with a view to his taking action, that some person (known or unknown) has committed an offence — but it excludes a police report.

Who receives it. A Magistrate (not the police).
What it can be about. Any offence — cognizable or non-cognizable.
Form. Oral or written; no prescribed format.
What follows. The Magistrate examines the complainant on oath (s.223 BNSS [s.200 CrPC]) and may take cognizance, order inquiry, or dismiss it.

⚠️ DON’T CONFUSE — complaint v. FIR

An FIR is given to the police, only about a cognizable offence, and is recorded under s.173 BNSS. A complaint is made to a Magistrate, about any offence (cognizable or not), and is dealt with under s.223 BNSS. An FIR sets the police in motion; a complaint sets the Magistrate in motion. A police report is expressly not a complaint.

🧩 WORKED EXAMPLE — which route?

Facts. B is defamed (a non-cognizable offence) and the police decline to act.

Rule. Defamation is non-cognizable, so the police cannot investigate without a Magistrate’s order; but B may file a complaint directly to the Magistrate under s.223.

Apply. B’s proper route is a complaint, not an FIR; the Magistrate will examine him on oath.

Conclusion. For non-cognizable offences the complaint route to the Magistrate is often the only practical door.

Section 2(1)(h) BNSS: “‘complaint’ means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report.”

In Simple Terms: A complaint is a citizen telling a Magistrate — not the police — that an offence has been committed, so that the Magistrate will act.

flowchart LR
    A["FIR"]:::leftbox --> A1["To POLICE"]:::leaf
    A --> A2["Only COGNIZABLE offence"]:::leaf
    A --> A3["s.173 BNSS"]:::leaf
    B["Complaint"]:::rightbox --> B1["To MAGISTRATE"]:::leaf
    B --> B2["ANY offence"]:::leaf
    B --> B3["s.223 BNSS"]:::leaf
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    classDef rightbox fill:#FDE7C9,stroke:#B45309,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Mohd. Yousuf v. Afaq Jahan (2006) — a written report to a Magistrate directing police investigation may be treated as a complaint; substance prevails over form.
Nirmaljit Singh Hoon v. State of West Bengal (1973) — a Magistrate taking cognizance on a complaint must apply his mind to whether an offence is disclosed.

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