Criminal complaints: information to the police and private complaints under the BNSS
Drafting, Pleading and Conveyance · Unit III · Topic 10 of 19 · 7 min read
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1. Information in a cognizable case: section 173
Section 173(1) (formerly section 154 CrPC) allows information about a cognizable offence to be given orally or by electronic communication, to any police station, irrespective of the area where the offence was committed (the “zero FIR”). Oral information is reduced to writing, read over and signed; electronic information must be signed by the informant within three days. A copy is given free to the informant or victim (section 173(2)). For offences punishable with three to seven years, section 173(3) allows a preliminary enquiry of up to 14 days with the permission of an officer not below the rank of Deputy Superintendent.
Where information discloses a cognizable offence, registration is mandatory: Lalita Kumari v. Government of Uttar Pradesh, 2013 INSC 748, (2014) 2 SCC 1. The Constitution Bench allowed a preliminary enquiry only in limited categories (matrimonial, commercial, medical negligence, corruption, delayed cases); section 173(3) now gives a statutory version of it.
Drafting rules for the written information:
- Address it to the Station House Officer by designation and station.
- Give the informant’s full particulars and relationship to the victim.
- State what happened, when, where, by whom, in chronological order, in the informant’s own words. Name or describe the accused and the witnesses.
- Describe injuries, weapons, property taken (with value), vehicles.
- Explain any delay in reporting.
- Do not argue law or add sections as a substitute for facts; the police apply the law. It does no harm to mention the likely provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) at the end.
2. When the police refuse: section 173(4) and section 175(3)
If the officer refuses to record the information, the informant may send its substance in writing by post to the Superintendent of Police, who must investigate or direct investigation (section 173(4)); failing that, the informant may apply to the Magistrate. Under section 175(3) (formerly section 156(3) CrPC) a Magistrate may order investigation “after considering the application supported by an affidavit made under sub-section (4) of section 173”, after such inquiry as he thinks necessary and after considering the submission of the police officer.
The affidavit requirement codifies Priyanka Srivastava v. State of Uttar Pradesh, 2015 INSC 239, (2015) 6 SCC 287, where the Court held that applications under section 156(3) must be supported by the applicant’s affidavit, so that the applicant takes responsibility for the allegations, and must show that the police and the SP were approached first. An application under section 175(3) should therefore annex the complaint to the police, the postal receipt of the letter to the SP, and an affidavit.
3. Private complaint: section 223
A “complaint” is an allegation made orally or in writing to a Magistrate, with a view to his taking action, that some person has committed an offence; a police report is not a complaint (section 2(1)(h)). The Magistrate takes cognizance under section 210 and, under section 223(1) (formerly section 200 CrPC), examines the complainant and witnesses on oath. Two changes from the CrPC matter to the drafter:
- The first proviso to section 223(1): no cognizance shall be taken without giving the accused an opportunity of being heard. The complaint must give the accused’s correct address so that notice can be served.
- Section 223(2): for a complaint against a public servant for an act in the course of official duty, cognizance requires that the public servant be allowed to state his version and that a report be received from his superior officer.
Then the Magistrate may postpone process and inquire or direct investigation (section 225), dismiss the complaint (section 226) or issue process (section 227).
4. Model: FIR-type information to the police
To: The Station House Officer, Vidyagiri Police Station, Dharwad.
From: Sri Suresh N. Bhat, son of Narayan Bhat, aged 61 years, retired teacher, residing at No. 22, Vidyagiri, Dharwad. Mobile: XXXXXXXXXX.
Sub: Information regarding theft and hurt at my house on 2 November 2026.
- I live at the above address with my wife Smt. Lalita Bhat.
- On 2 November 2026 at about 8.30 p.m. a man aged about 25, wearing a black jacket, rang our doorbell saying he had a courier parcel. When my wife opened the door he pushed her aside and entered.
- He snatched the gold chain of about 30 grams, worth about Rs. 2,10,000, from my wife’s neck. When I tried to stop him, he hit me on the head with a torch and ran out. He left on a black motorcycle whose number began with KA-25.
- I suffered a bleeding injury on my forehead and was treated at the District Hospital, Dharwad the same night. The OPD slip is enclosed.
- Our neighbour Sri Ravi Kamat saw the man running to the motorcycle. A CCTV camera at No. 21 may have recorded him.
- I could not come to the station earlier because I was in hospital until 1 a.m.
- I request you to register a case and take action. The facts disclose offences of robbery and voluntarily causing hurt under the BNS.
Date: 3 November 2026. Sd/- Suresh N. Bhat. Enclosure: OPD slip.
5. Model: private complaint for cheating
IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS (II COURT), HUBBALLI P.C. No. ____ of 2026
Complainant: Smt. Rekha P. Shetty, aged 39, residing at Gokul Road, Hubballi.
Accused: (1) Sri Vinod K. Rao, aged about 45; (2) Smt. Sunitha V. Rao, aged about 41; both residing at No. 9, Keshwapur, Hubballi.
PRIVATE COMPLAINT UNDER SECTION 223 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR OFFENCES PUNISHABLE UNDER SECTION 318(4) READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023
- In March 2026 the accused, acting together, told the complainant that they owned a site bearing No. 14, Unkal layout, Hubballi and offered to sell it to her for Rs. 12,00,000.
- On 20 March 2026 they showed her a sale deed in the name of Accused No. 1 and an encumbrance certificate. Believing them, she paid Rs. 5,00,000 by cheque as advance, which Accused No. 1 encashed on 22 March 2026.
- In July 2026 the complainant learnt from the Sub-Registrar’s office that the site had been sold by Accused No. 1 to a third person by a registered sale deed dated 4 January 2026, that is, before the offer to her.
- The accused therefore knew, when they made the representation, that they had no title. They made it dishonestly to induce the complainant to part with Rs. 5,00,000. They have not returned the money despite a legal notice dated 1 August 2026.
- The facts disclose cheating and dishonestly inducing delivery of property, punishable under section 318(4) BNS (formerly section 420 IPC), committed in furtherance of the common intention of both accused (section 3(5) BNS, formerly section 34 IPC).
- The offence was committed at Hubballi, within this Court’s jurisdiction. No bar of limitation applies: section 514 BNSS (formerly section 468 CrPC) limits cognizance only of offences punishable with fine or with imprisonment up to three years.
- The complainant approached the Keshwapur Police on 5 August 2026; they declined to register a case, saying the dispute is civil. A copy of her complaint and the letter to the SP are produced.
Prayer. Take cognizance, record the sworn statement of the complainant and her witnesses, issue process against the accused and try them according to law.
List of witnesses: the complainant; the bank manager, Canara Bank, Hubballi; the Sub-Registrar, Hubballi. Documents: cheque counterfoil and bank statement, copy of the earlier sale deed, legal notice and postal receipt.
Sd/- Complainant. Sd/- Advocate.
How this is examined
Criminal complaints form part of the 15 drafting exercises (3 marks each). A good set includes FIR-type information, an application under section 175(3) with affidavit, a private complaint, and a complaint for dishonour of a cheque under section 138 of the Negotiable Instruments Act. At the viva expect: the zero FIR; Lalita Kumari and the preliminary enquiry; the affidavit requirement and Priyanka Srivastava; the new proviso on hearing the accused before cognizance; and the difference between a complaint and a police report.