Under the Bharatiya Nyaya Sanhita (BNSS), if the police refuse to register an FIR, delay action, or do not investigate properly, a victim can directly file a complaint before a Magistrate under Section 210 BNSS.
This guide provides a complete checklist for lawyers, litigants, and students.
1. Complainant’s Personal Details
- Full Name
- Father’s/Mother’s Name
- Age & Date of Birth
- Present Address
- Permanent Address
- Contact Number
- Email ID
- Occupation
- Identification Proof (Aadhaar/PAN/Any)
2. Jurisdiction Details
- Name of Police Station where the incident occurred
- Address/Area of occurrence
- District/City of Jurisdiction
- Whether complaint is filed where the accused lives or where the cause of action arose
3. Accused Person(s) Details
- Total number of accused
- Full Name(s)
- Age(s)
- Relation with the complainant (if any)
- Address(es)
- Occupation(s)/Workplace
4. Details of Incident (Cause of Action)
- Date, Time, and Place of incident
- Full narration in chronological order
- Manner of commission of offence
- Motive/intent (if possible)
- Any prior dispute, threats, or repeated harassment
5. Alleged Offences (Choose as Applicable)
- Assault
- Criminal Intimidation
- Cheating
- Criminal Breach of Trust
- Defamation
- Forgery/Fraud
- House/Criminal Trespass
- Outraging Modesty
- Special Law Offence (Specify)
6. Evidence in Support
- Audio/Video recordings
- Photographs
- WhatsApp/Email/SMS screenshots
- Medical reports/injury certificates
- Bank or financial records
- Documents showing fraud/forgery
- Property documents
- Social media posts
- Copy of prior police complaint/FIR (if any)
7. Witness Details
- Names & relationship with the complainant
- What they saw/heard/know
- Contact details
- Whether they are willing to testify
8. Police Action (If Any)
- Was a police complaint filed earlier?
- Was FIR registered? (If yes, mention FIR Number & Police Station)
- What action did the police take?
- Reasons for dissatisfaction with police action
- Whether the police refused to register FIR
9. Purpose of Filing Under Section 210 BNSS
- Request for taking cognizance
- Recording complainant’s statement
- Request to direct police for investigation
- Issuance of process/summons to accused
- Seeking search, arrest, or protection
10. Reliefs Sought
- Taking cognizance and registering the case
- Summoning the accused
- Ordering police investigation
- Interim relief/protection, if required
- Arrest/search/seizure orders (if necessary)
11. Enclosures to Attach
- Affidavit in support of complaint
- Index of documents
- Witness list
- Copies of prior police complaints/notices
- Identification proof & address proof