Filing a Private Complaint Before a Magistrate in Karnataka

Introduction

Sometimes, despite submitting a detailed complaint to the police, no FIR is registered or no meaningful action is taken. In such situations, the law allows you to approach the Judicial Magistrate directly by filing a private complaint. This process empowers citizens to seek judicial oversight and ensures that serious matters are not ignored by police inaction. In Karnataka, private complaints are an important remedy for individuals seeking justice when the regular complaint process stalls.

What Is a Private Complaint

A private complaint is a formal petition filed before a Magistrate under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) or the corresponding Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Unlike a police complaint, which is first lodged with a police station, a private complaint is addressed directly to the Magistrate, who examines it to decide whether the allegations disclose the commission of a criminal offence. If satisfied, the Magistrate can take cognizance of the offence and either issue summons to the accused or direct the police to investigate.

When to File

You should consider filing a private complaint if the police have refused to register an FIR despite the offence being cognizable, or if there has been undue delay or inaction after registering your complaint. It is also commonly used for non-cognizable offences where the police cannot investigate without the Magistrate's approval. Examples include cheating, breach of trust, criminal intimidation, and even cases arising out of business transactions or property disputes where criminal elements are alleged.

The Process of Filing

The private complaint is filed before the jurisdictional Magistrate having authority over the place where the offence occurred. The complaint must be drafted in writing and should contain the names and addresses of the complainant and accused, a chronological narration of facts, the specific offences alleged, and the reliefs sought. Along with the complaint, supporting documents such as agreements, notices, photographs, or witness statements should be filed. The Magistrate may record the sworn statement of the complainant and witnesses to verify the allegations. Based on this, the Magistrate may either issue process (summons) against the accused or direct the police to register and investigate the case.

What Happens After Filing

Once a private complaint is admitted, the Magistrate examines whether there is sufficient ground to proceed. If the complaint discloses a cognizable offence, the Magistrate may pass an order under Section 156(3) CrPC or Section 175 BNSS, directing the police to register an FIR and investigate. Alternatively, if the Magistrate finds enough material on record, he or she may issue summons directly to the accused to appear in court. If the complaint is found to be frivolous, the Magistrate can dismiss it under Section 203 CrPC or Section 226 BNSS.

Practical Considerations

Filing a private complaint requires precision and proper documentation. Drafting should be clear, factual, and supported by evidence. Sworn statements before the Magistrate must align with the written complaint. It is important to attach acknowledgment of prior attempts to approach the police, as this demonstrates bona fides and strengthens the case. Engaging a lawyer ensures that the complaint is framed with the correct legal provisions and is not dismissed for technical reasons. Timely filing is also crucial, as delay without explanation may weaken the case.

Conclusion

A private complaint before a Magistrate serves as a powerful remedy when the police fail to act. By giving direct access to the judicial system, it reinforces the principle that no individual should be denied the opportunity to seek justice. In Karnataka, thousands of such complaints are filed every year, leading to FIRs, investigations, and even direct trials. At LNN Legal, we assist clients in preparing and filing private complaints, representing them during sworn statements, and pursuing matters until effective action is taken, ensuring that justice is neither delayed nor denied.