How to Draft a Criminal Complaint

The Statutory Framework: Section 223 of BNSS

The most critical change in current practice is the transition from Section 200 of the old CrPC to Section 223 of the BNSS, 2023.

Under this new provision, the Magistrate is mandated to conduct a preliminary inquiry/Draft within 14 days of filing. Unlike the old law, the proviso to Section 223(1) now requires that the accused be given an “opportunity of being heard” before the Magistrate takes cognizance. This means your draft must be exceptionally robust to withstand early scrutiny by the opposing side.

Essential Components of the Draft

For effective litigation internship preparation, you must follow this structured format:

I. The Court Header

Identify the correct jurisdiction. Center the designation of the court:

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE / JUDICIAL MAGISTRATE FIRST CLASS, [CITY/DISTRICT]

II. Party Details

Provide comprehensive details for both the Complainant and the Accused. If the accused’s address is unknown, state “identity and address to be ascertained.”

III. The Factual Matrix (Chronological Narration)

The body of the complaint should consist of numbered paragraphs.

• Introductory Paragraph: Establish the complainant as a law-abiding citizen and their relationship (if any) with the accused.
• The Incident: State the exact date, time, and location. Use precise language. Instead of “the accused cheated me,” state “the accused made a false representation on [Date] regarding [Specific Subject] with the intent to dishonestly induce…”
• The “Triple Test” of Allegations: For the complaint to be legally sound, it must disclose the specific “ingredients” of the offence under the Bharatiya Nyaya Sanhita (BNS), 2023.

Also Read: Petitioner vs. Respondent Strategies for High-Stakes Clauses

Mandatory “Fair Disclosure”

Following recent judicial trends, specifically the transparency standards reinforced in early 2026, a criminal complaint should include:

• Efforts for FIR: Mention the date of the written complaint to the Police Station and the subsequent representation to the Superintendent of Police (under Section 173(4) BNSS).
• Civil-Criminal Distinction: If the matter involves a contract or property, explicitly state how the act transcends a civil dispute and constitutes a criminal offence. Courts are increasingly wary of “civil disputes in criminal garb” (as seen in Nayan Bhowmick v. Aparna Chakraborty, 2026).

The Prayer Clause and Verification

The prayer is the soul of the complaint. It must request specific judicial actions:

1. Take cognizance of the offences under Sections [X, Y, Z] of the BNS, 2023.
2. Issue summons/warrants to the accused.
3. Direct a police investigation under Section 175(3) BNSS (formerly 156(3) CrPC) if required.

Verification: Every complaint must end with a verification clause signed by the complainant, swearing that the contents are true to their knowledge and nothing material has been concealed.

Filing Checklist for Success

To ensure a high-value law student PPO strategy, never file a complaint without:

• List of Witnesses: Include names and addresses of those who will support the case.
• Index of Annexures: Attach supporting documents like medical reports, bank statements, or copies of previous police complaints.
• Affidavit in Support: A sworn affidavit as mandated by the Supreme Court (following the Priyanka Srivastava principles, now integrated into BNSS practice).