Criminal Complaint explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
What Is a Criminal Complaint?
Under Section 2(d) CrPC: a "complaint" means any allegation made orally or in writing to a Magistrate with a view to their taking action, that some person has committed an offence. A criminal complaint is the mechanism by which a private person (not the police) directly approaches the Magistrate to initiate criminal proceedings. This is particularly relevant for: (a) non-cognizable offences — where the police cannot register an FIR (e.g., cheque bounce under Section 138 NI Act, defamation, criminal breach of trust), (b) when the police refuse to register an FIR for a cognizable offence, (c) offences under special statutes (Companies Act, SEBI Act) where the statute requires complaint to be filed by specific persons.
Specimen Criminal Complaint Format
IN THE COURT OF THE ,
CRIMINAL COMPLAINT NO. _____ OF 20XX
, ..... COMPLAINANT
VERSUS
, ..... ACCUSED
COMPLAINT UNDER SECTION OF
The Complainant most respectfully submits as under:
1. The Complainant is residing/having registered office at .
2. The Accused is residing/carrying on business at .
3-N. .
N+1. The aforesaid acts of the Accused constitute the offence of punishable under Section of .
N+2. The complaint is being filed within the limitation period prescribed under Section of the .
PRAYER: The Complainant prays that: (a) this Court may be pleased to take cognizance of the offence under Section , (b) issue process (summons/warrant) against the Accused, (c) after trial, convict and sentence the Accused, (d) award compensation under Section 357 CrPC.
VERIFICATION:
Filed through: / In Person | Date:
Section 138 NI Act — Cheque Bounce Complaint
The most common criminal complaint filed by CS professionals. Requirements: (a) cheque issued for discharge of legally enforceable debt, (b) dishonored on presentation, (c) demand notice sent within 30 days of dishonor memo, (d) accused failed to pay within 15 days of notice receipt, (e) complaint filed within 30 days of expiry of the 15-day period. Total timeline: approximately 75-90 days from dishonor to complaint filing.
Magistrate's Procedure — Section 200-204
On receiving the complaint: (a) Section 200: The Magistrate examines the complainant ON OATH — records their statement. (b) Section 202: The Magistrate may order an INQUIRY or INVESTIGATION to decide whether to issue process. (c) Section 203: If the Magistrate finds no sufficient ground: DISMISSES the complaint. (d) Section 204: If the Magistrate finds sufficient ground: issues PROCESS (summons or warrant) against the accused. The accused then appears, is charged, and the trial proceeds.
Disclaimer: This article is for informational purposes only and does not constitute legal or professional advice. While every effort has been made to ensure accuracy based on the latest laws and amendments, readers should consult a qualified professional before acting on any information provided. For expert assistance, contact us.
Key Facts About Criminal Complaint
- Applies in: All states across India, under the relevant central law.
- Mode: Mostly online via the official government portal.
- Typical timeline: Ranges from a few days to a few weeks depending on the case.
- Non-compliance: May attract penalties, interest or late fees.
- Expert help: TaxClue completes the entire process end to end for you.
When should a criminal complaint be filed instead of an FIR?
File a COMPLAINT (not FIR) when: (1) the offence is NON-COGNIZABLE — police cannot register FIR (e.g., cheque bounce S.138 NI Act, defamation, simple assault), (2) the POLICE REFUSE to register FIR for a cognizable offence — the complainant can directly approach the Magistrate under Section 200, (3) SPECIAL STATUTES require complaint by specific persons (Companies Act offences — complaint by ROC/SEBI/authorized person), (4) the complainant wants to directly approach the MAGISTRATE without police involvement. FIR is for cognizable offences only — filed at the police station.
What is the procedure after filing a criminal complaint?
After filing: (1) Magistrate EXAMINES the complainant on oath (Section 200) — records their statement, (2) Magistrate may order INQUIRY or INVESTIGATION (Section 202) — to verify whether sufficient grounds exist, (3) If NO sufficient ground: complaint DISMISSED (Section 203), (4) If sufficient ground exists: Magistrate issues PROCESS — summons or warrant against the accused (Section 204), (5) Accused appears, charge is FRAMED, (6) TRIAL proceeds — prosecution evidence, defence evidence, arguments, (7) JUDGMENT — conviction or acquittal.
Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.
Criminal Complaint: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.