Criminal and bail

Private criminal complaint format

How to draft a private complaint to a Magistrate under the BNSS, 2023: the contents, the list of witnesses, sworn statement procedure and the orders that follow.

A private criminal complaint is a written complaint of facts constituting an offence, presented directly to a Magistrate competent to take cognizance, rather than through the police. The complaint must set out the parties, the date, time and place of the offence, the acts of each accused, the sections of the Bharatiya Nyaya Sanhita, 2023 alleged, and a list of witnesses and documents. The Magistrate records the complainant's sworn statement before deciding whether to take cognizance and issue process.

Governed by
  • Bharatiya Nagarik Suraksha Sanhita, 2023 (complaints to Magistrates and cognizance)
  • Bharatiya Nyaya Sanhita, 2023
Where it is filed
The Judicial Magistrate or Metropolitan Magistrate within whose local jurisdiction the offence was committed.
Who files it
The complainant: the aggrieved person, or any person where the offence is not one requiring a specified complainant.
Time limit
The BNSS prescribes limitation for taking cognizance based on the maximum sentence for the offence. Check the applicable period before filing.

What a private criminal complaint must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The Magistrate's court, the complainant with full address, and each accused with a full address for service of process.

  2. 2.Jurisdiction

    Facts showing that the offence was committed within the local limits of the court.

  3. 3.Facts of the offence

    A chronological narration with dates, times and places, and the specific act attributed to each accused.

  4. 4.Ingredients

    How the facts satisfy each ingredient of the sections of the BNS, 2023 invoked.

  5. 5.List of witnesses

    Names and addresses of the witnesses to be examined, appended as a separate list.

  6. 6.List of documents

    The documents relied on, appended and paginated.

  7. 7.Prayer

    That the court take cognizance, record the sworn statement, and issue process against the accused.

Mistakes that get this document returned

  • Narrating grievance without mapping the facts to the ingredients of any offence.
  • Incomplete addresses of accused, which stalls service of process for months.
  • Filing a private complaint where an FIR on the same facts is already under investigation, without disclosing it.
  • Omitting the list of witnesses, which the Magistrate needs before issuing process.

Frequently asked questions

Can a private complaint be filed if the police refuse to register an FIR?

Yes. Where the police decline to register or act, the aggrieved person may approach the Superintendent of Police and, failing that, file a private complaint before the Magistrate, who may take cognizance or direct an investigation.

Does the complainant have to be examined on oath?

Yes, the Magistrate ordinarily examines the complainant and the witnesses present on oath before deciding whether to issue process.

Draft a private criminal complaint from your client conversation

Record the consultation, check the facts PleadEasy pulls out of it, and get the draft formatted for your district court. Nothing is exported until you have read and approved it.

Start drafting free

Free to start. No card required.

Related formats

Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.