Written complaint

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Introduction

A “written complaint” is the procedural vehicle by which a private individual places an allegation of criminality directly before a Magistrate. It is a constitutionally and procedurally significant tool in the Indian criminal justice system because it allows a citizen to invoke the criminal process where the police have not registered an FIR or where the alleged offence is such that the complainant wishes to initiate prosecution personally. Practically, it engages a Magistrate’s power to examine the complainant, order inquiry, direct police investigation, issue process against accused persons, or dismiss the matter at the threshold. Understanding when, how and with what material to present a written complaint is essential for practitioners who wish to convert an aggrieved client’s grievance into viable criminal proceedings or to defend against malicious/private prosecutions.

Core Legal Framework

  • Definition (CrPC): Section 2(d), Code of Criminal Procedure, 1973 – “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person has committed an offence, but does not include a police report.
  • Key legal point: a “complaint” is distinct from a police report (Section 154 CrPC); it is made to a Magistrate, not initially to the police.
  • Magistrate’s powers and procedure:
  • Section 190 CrPC — Magistrate may take cognizance of offences on a complaint, police report, or his own knowledge.
  • Section 200 CrPC — presentation of a complaint and the Magistrate’s power to examine the complainant on oath and to record the statement; the Magistrate may also call for evidence and take preliminary steps.
  • Section 202 CrPC — Magistrate may conduct inquiry or direct local investigation before issuing process.
  • Section 203 CrPC — power to dismiss the complaint when no sufficient ground appears.
  • Section 204 CrPC — issuance of process to accused, where a prima facie case exists.
  • Section 156(3) CrPC — Magistrate can direct police to investigate a complaint (essential when police refuse to register FIR).
  • Interaction with FIR/police: Section 154 CrPC governs information to police and registration of First Information Reports (FIRs). The Supreme Court has clarified thresholds and obligations when information discloses a cognizable offence (see Landmark Judgments, below).
  • Special statutes and sanction requirements: Where offences require prior sanction (e.g., certain offences against public servants, Prevention of Corruption Act, etc.), a private complainant must ensure applicable statutory sanction is obtained before prosecution proceeds. See Section 196 CrPC (general bar and exceptions for certain prosecutions) and relevant special enactments.
  • Controlling provisions: High supervisory jurisdiction (Section 482 CrPC) can be invoked to quash vexatious or mala fide complaints; accused may seek anticipatory or regular bail depending on the nature of the offence and subsequent process.

Practical Application and Nuances

How and where a written complaint is used in everyday practice — and the tactical choices involved:

  1. Who can file and where?
  2. Any person aggrieved (or his agent) can present a written complaint to the Magistrate having jurisdiction where the offence was committed, where the accused ordinarily resides or carries on business, or where the accused may be found.

  3. If police refuse to register FIR for a cognizable offence, present a written complaint to the Magistrate and pray under Section 156(3) for a direction for investigation.

  4. Essential contents and drafting points (practitioner checklist):

  5. Clear identification: name, address and identity of complainant and accused (as far as known).
  6. Jurisdictional averment: where offence occurred, and why the chosen Magistrate has jurisdiction.
  7. Chronological narration of facts, with dates, times, places; avoid broad, vague allegations.
  8. Specific offence(s) and sections of law alleged, with brief legal rationale linking the facts to the ingredients of the offence.
  9. List of material evidence and witnesses (with addresses) — attach documentary proof (medical reports, contracts, messages, bank statements, photographs) and mark them as annexures.
  10. Statement of previous attempts: record if complaint was made to police and police response (e.g., refusal to register FIR) — attach a copy of the diary entry/acknowledgment, if any.
  11. Prayer clauses: specific reliefs sought (e.g., summon accused, direct investigation under Section 156(3), order interim relief).
  12. Verification: statement on oath/verification by the complainant (Magistrate can and often will require sworn statement).

  13. Signature and clear name of complainant or authorized agent/pleader.

  14. Threshold of material before the Magistrate

  15. The Magistrate is not a trial court at the stage of Section 200/202; yet he must be satisfied that there are reasonable grounds for proceedings. Mere allegations without material are liable to be dismissed under Section 203.
  16. Practically, furnish prima facie admissible material — affidavit statements, contemporaneous documentary evidence, medical/legal reports, recorded statements — not only hearsay.

  17. If the allegations are documentary (contracts, cheques, bank transfers), attach clear, certified copies. If witness testimony is critical, list witnesses with statements or affidavits where possible.

  18. Use of Section 202(1)

  19. Magistrate may itself hold inquiry or direct local investigation before issuing process. Draft complaint to emphasise the need for local investigation where the evidence is scattered or requires police assistance.

  20. Where accused is a public servant or offence requires sanction, press for preliminary inquiry only if sanction is available/likely; otherwise, challenge the Magistrate to either dismiss or keep the matter pending until sanction is obtained.

  21. Complaint versus FIR — tactical choice

  22. Cognizable offences: ordinarily approach police to register FIR; if police refuse, file written complaint to Magistrate asking for a Section 156(3) direction. After Lalita Kumari (2014), police are statutorily obliged to register FIR if the information discloses a cognizable offence.

  23. Non-cognizable or private offences (e.g., certain defamation matters): complainant must initiate proceedings before Magistrate; no direct FIR route.

  24. Evidence and proof at preliminary stage

  25. The Magistrate’s satisfaction is based on the materials before him at the complaint stage. Affidavits and documentary evidence strengthen chances of summons under Section 204.

  26. Avoid over-reliance on oral hearsay without corroboration; file affidavits of witnesses if available.

  27. Post-filing steps and prosecution strategy

  28. If Magistrate issues process: prepare for charge stage, collect additional evidence, prepare witness statements under Section 161 CrPC (during subsequent police investigation).
  29. If Magistrate orders investigation: follow up with police to ensure compliance with directives, and be ready to press for copies of charge-sheet (or closure report), and for anticipatory bail/respond to arrest if necessary.

Landmark Judgments

  • Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1
  • Principle: If information discloses a cognizable offence, the police must register an FIR under Section 154 CrPC and commence investigation; only in exceptional cases (e.g., impossible investigation, petitionary jurisdiction of Magistrate on facts) can the police refuse. The judgment clarifies thresholds for registration and the role of Magistrates in directing investigation under Section 156(3).

  • Practical import: Where police refuse to act on a complaint that discloses a cognizable offence, the correct remedy is to present a written complaint to the Magistrate and seek a direction under Section 156(3) for investigation.

  • Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273

  • Principle: Court laid down procedural safeguards restraining arbitrary arrests, especially in offences under Section 498A IPC and similar provisions. Arrest should not be automatic; police officers must follow guidelines (reasonable satisfaction, recording reasons, compliance with Section 41 CrPC) before arrest.
  • Practical import: After a written complaint leads to FIR or Magistrate process, lawyers must be mindful of arrest safeguards — defend clients with anticipatory bail applications where arrests are routine and the complaint is thin; conversely, counsel for complainant must draft complaints so as to demonstrate gravity and necessity for police action where appropriate.

Strategic Considerations for Practitioners

For complainant’s counsel:
– Choose forum wisely: For cognizable offences, insist on police FIR first. If police are recalcitrant, file a carefully drafted written complaint before the Magistrate seeking a Section 156(3) direction; attach proof of police refusal if available.
– Build a prima facie record: A Magistrate will not issue process on speculation. Provide documentary anchors (dates, contemporaneous records, independent corroboration).
– Anticipate sanction and jurisdictional bars: For offences entailing prior sanction, obtain or seek direction for obtaining sanction; otherwise, the complaint risks dismissal as premature.
– Preserve risk of malicious counter-claims: Where risk of counter FIR or cross-complaints is real, secure interim relief (injunctions/restraint orders) from appropriate courts and prepare to resist attempts to convert complaint into harassment.
– Manage public servants and corporate accused differently: For complaints against public servants or corporations, counsel should research statutory procedures (sanction, departmental enquiries) before initiating a private complaint.

For defence counsel:
– Challenge sufficiency of material at the earliest stage (Section 203/Section 482 CrPC) where complaint lacks reasonable grounds.
– Move to quash proceedings where the complaint is vitiated by malice, is speculative or is essentially civil in character and wrongly converted to criminal litigation.
– Use Arnesh Kumar to arrest the tendency of police to make immediate arrests; press for compliance with arrest safeguards and seek anticipatory bail where appropriate.
– Invite Magistrate to direct limited inquiry (Section 202) rather than immediate process where facts are in dispute and are best clarified by local investigation.

Common pitfalls to avoid
– Drafting without verification or annexures: A skeletal complaint without supporting materials is likely to be dismissed.
– Confusing the route: filing a complaint where the matter is squarely a cognizable offence requiring FIR without first seeking police action can delay remedies.
– Ignoring sanction requirements: failure to obtain/plead statutory sanction where required is fatal.
– Overloading the complaint with irrelevant, scandalous material — courts frown upon prolix, irrelevant narratives and may dismiss or strike parts of the complaint.
– Underestimating civil remedies: some disputes are essentially civil (e.g., contractual breach) and an attempt to criminalise them via a complaint will attract dismissal and potential penal consequences (Section 211 IPC) for malicious prosecution.

Practical templates and tips (concise)
– Start with a short, numbered chronology of events (date — what happened — proof).
– Immediately follow with a legal section, mapping facts to specific sections of law and stating the exact nature of the offence.
– Attach and index evidence; in the body of the complaint, refer to annexures (e.g., “Annexure A: medical report dated…; Annexure B: message printouts”).
– End with precise prayers: (a) summon accused; (b) direct investigation under Section 156(3); (c) grant interim relief (where maintainable); (d) pass such other orders as this Court/ Magistrate may deem fit.
– Keep the complaint focussed and limited to what you can substantiate.

Conclusion

A written complaint is a potent procedural instrument but one that requires disciplined drafting and factual anchoring. For complainants, the objective is to convert grievance into admissible prima facie material that persuades a Magistrate either to direct investigation or to issue process. For defence counsel, the objective is to expose deficiencies, assert procedural protections (including arrest safeguards), and if required, move to quash proceedings. Practically, mastery of Sections 2(d), 154, 156(3) and Sections 200–204 CrPC, combined with the post-Lalita Kumari landscape and Arnesh Kumar’s arrest safeguards, equips practitioners to use — or neutralise — the written complaint effectively.