In criminal law, not every offence begins with a police FIR. In many situations, a person can directly approach the Magistrate by filing a complaint case. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the complaint procedure provides a structured legal framework that ensures fairness, due process, and judicial scrutiny before initiating trial against the accused.
Understanding each stage of a complaint case is essential for complainants, accused persons, and legal professionals. This article explains the step-by-step process of a complaint case under BNSS in a simple and practical manner.
1. Filing of Complaint
The complaint case begins when the complainant files a written complaint before a Magistrate under Section 210 BNSS. This usually happens when:
- The offence is non-cognizable, or
- The police refuses to register or act upon the complaint.
The Magistrate examines the contents of the complaint to determine whether judicial action is required.
2. Issuance of Notice to the Respondent
In certain cases, the court may issue notice to the respondent or accused person. This ensures that the principles of natural justice are followed and both parties get an opportunity to present their version.
3. Examination of Complainant (Section 223 BNSS)
The Magistrate records the statement of the complainant and witnesses on oath. This stage is known as Preliminary Evidence. The purpose is to verify whether the allegations appear genuine and supported by initial material.
4. Inquiry or Investigation under Section 225 BNSS
Before issuing summons, the Magistrate may order an inquiry or investigation. This step helps the court determine whether a prima facie case exists.
During this stage:
- Police reports may be called.
- Witnesses may be examined.
- Documents may be reviewed.
5. Issuance of Process (Section 227 BNSS)
If the Magistrate finds sufficient grounds, the court issues summons or warrant against the accused. This formally initiates the criminal proceedings.
6. Appearance of the Accused
Once summoned, the accused appears before the court. Depending on the nature of the offence:
- Bail may be granted.
- Personal bond may be accepted.
- Conditions may be imposed by the Magistrate.
7. Framing of Charges
If sufficient material exists, the court frames formal charges against the accused. The charges are read out, and the accused is asked to plead guilty or not guilty.
8. Evidence of Complainant
The complainant presents evidence and witnesses to prove the allegations. This includes:
- Examination-in-chief
- Cross-examination
- Documentary evidence
The complainant must prove the case beyond reasonable doubt.
9. Statement of Accused (Section 351 BNSS)
The court records the statement of the accused to explain the circumstances appearing in evidence. This gives the accused an opportunity to clarify or deny allegations.
10. Defence Evidence
The accused may produce defence witnesses or documents. Although optional, defence evidence can help rebut the complainant’s claims.
11. Final Arguments
Both parties present their final submissions before the court. Advocates summarize the evidence, legal provisions, and arguments supporting their case.
12. Judgment
After evaluating evidence and arguments, the Magistrate delivers the judgment:
- Conviction, or
- Acquittal.
The decision is based strictly on law and evidence presented during trial.
13. Sentencing
If the accused is convicted, the court hears arguments on punishment and then imposes sentence, which may include:
- Fine
- Imprisonment
- Both fine and imprisonment
14. Appeal or Revision
The aggrieved party has the right to challenge the judgment by filing an appeal or revision as per BNSS provisions.
Conclusion
The complaint case procedure under BNSS ensures that criminal proceedings follow a fair judicial process. From filing the complaint to final judgment, each stage plays a crucial role in protecting the rights of both the complainant and the accused. Proper legal guidance and preparation can significantly impact the outcome of a complaint case.
If you are planning to file or defend a complaint case, consulting an experienced criminal lawyer can help you understand the legal strategy and procedural requirements effectively.