How to File a Private Complaint Before a Magistrate Under the BNSS (Section 223) (2026)

How-to · BNSS Procedure · Complaint

Updated for 2026 · Claw Editorial

The police will not register your FIR, or the matter is one you want to take to court yourself, such as cheating, defamation, or a bounced cheque. You do not have to depend on the police. You can go straight to a Magistrate with a private complaint and ask the court to take cognizance. This guide explains how to file a private complaint before a Magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 200 of the old Code of Criminal Procedure and added a new step: the accused must be given a chance to be heard before the Magistrate takes cognizance. Last verified October 2026.

01When you need a private complaint

Not every wrong reaches a court through the police. Sometimes the police decline to register an FIR. Sometimes the offence is one that is usually pursued by the person affected, such as defamation or a dishonoured cheque. In these situations, a private complaint lets you take the matter to a Magistrate directly.

A complaint is an allegation made to a Magistrate that a person has committed an offence, so that the court can act. It is a different route from an FIR, and it puts the complainant, not the police, in the driving seat at the start.

02What Section 223 BNSS is

Section 223 of the BNSS is the provision under which a Magistrate takes cognizance of an offence on a complaint, by examining the complainant and the witnesses present on oath. It is the successor to Section 200 of the old Code of Criminal Procedure.

The core is the same as before: when you file a complaint, the Magistrate records your statement, and that of any witnesses you bring, on oath. That sworn examination is the foundation on which the court decides whether to proceed.

03The new hearing for the accused

The biggest change under Section 223 is a new safeguard for the accused. The proviso to Section 223(1) says that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard.

Under the old Section 200, the Magistrate could take cognizance on the complainant’s examination alone, without hearing the accused. Now the accused gets a hearing at this preliminary stage, before cognizance. The notice to the accused is expected to carry the complaint and the sworn statements, so they can respond.

The new proviso to Section 223 is the real shift: a Magistrate cannot take cognizance on a private complaint without first giving the accused a chance to be heard.

04The step-by-step process

1. Draft the complaint. Prepare a written complaint naming the accused, the facts, the offence alleged, and the relief sought. List your witnesses and the documents you rely on.
2. File it before the Magistrate with jurisdiction. File in the court of the Magistrate who has territorial and subject-matter jurisdiction over the offence.
3. Appear for examination on oath. The Magistrate examines you, the complainant, and any witnesses present, on oath, and reduces the substance to writing. You and the witnesses sign it.
4. Be ready for the accused to be heard. Under Section 223, the accused is given an opportunity of being heard before cognizance, so expect a notice and a hearing at this stage.
5. Assist any inquiry. The Magistrate may hold an inquiry, or direct an investigation, before deciding whether there is enough to proceed.
6. Cognizance and process. If satisfied there is a case, the Magistrate takes cognizance and issues process (summons or warrant) to the accused.

05What the Magistrate does next

After the examination and the hearing of the accused, the Magistrate decides whether a sufficient ground exists to proceed. If yes, the court takes cognizance and issues process, and the case moves toward trial. If not, the complaint can be dismissed.

There is also an alternative route at the FIR stage: instead of a complaint, you can ask the Magistrate to order the police to investigate and register an FIR. See the power to direct investigation (Section 156(3) CrPC and its BNSS equivalent), and for the cognizance stage, cognizance under Section 210 BNSS. For the process that follows, see summons and warrant under the BNSS.

06Common pitfalls

• Wrong court. File before the Magistrate with the right territorial and subject-matter jurisdiction, or the complaint can be returned.
• Thin facts. The complaint and your sworn statement must disclose the ingredients of the offence. A vague narration invites dismissal.
• Ignoring the new hearing stage. Under Section 223, the accused is heard before cognizance, so plan for that step rather than expecting process at once.
• Missing witnesses. Bring the witnesses who can be examined on oath at the start; their statements matter.
• Choosing the wrong route. Some matters are better taken as an FIR or through a Magistrate’s order to investigate. Match the route to the offence.

If the FIR route is what you need instead, see FIR under Section 173 BNSS.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A complaint case can stretch over years, through the sworn examination, the accused being heard, any inquiry, the issue of process, and then trial, and the dates stack up. Claw is built to keep that under control. You can follow the complaint case, its orders and every hearing by party or advocate name across 9,102 courts, benches and forums, and you can search 30 crore+ judgments on Section 223 and complaint procedure in under 5 seconds, from Supreme Court rulings reaching back to 1950 and High Court rulings to 1990. Checking case status on eCourts shows one way to follow a matter.

Claw does not draft or file the complaint for you and does not replace legal advice; it finds the law quickly, keeps the case tracked, and does not use customer case documents to train AI models. Create a free Claw account to research complaint procedure and follow your case by party or advocate name.

08Sources and further reading

• India Code (official text of the BNSS): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. The procedure and the shape of the new hearing are still being worked out by the courts, so read Section 223 BNSS as it stands on the day you file and take advice from counsel.

09Frequently asked questions