complainant

In criminal procedure a complaint is an allegation, oral or written, made to a Magistrate with a view to his taking action, but not a police report (s.2(1)(h) BNSS, old s.2(d) CrPC). The complainant and his witnesses are examined on oath before process issues (s.223, old s.200), except where the complainant is a public servant acting officially or a court.

The person who gives information to the police that becomes an FIR is strictly the informant, though he is often called the complainant. In consumer law, the complainant is the consumer or other person entitled to file a complaint before a Consumer Commission. Note the spelling: complainant, not complainent.

Example

Since the case began on a private complaint, the Magistrate examined the complainant and two witnesses on oath under section 223 BNSS before summoning the accused.

In Indian law

• Sections 2(1)(h) and 223, Bharatiya Nagarik Suraksha Sanhita, 2023 (old ss.2(d) and 200 CrPC)
• Section 2(5), Consumer Protection Act, 2019 (complainant)

See also

cognizance · first information report · consumer · prosecution

Read more in the study notes

• The rule against bias (Administrative Law)
• Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
• Banking as a service: consumer protection and the RBI Ombudsman (Banking Law)
• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)