Private complaint

Filing a Private Complaint Petition under Sec. 210(c) of BNSS 2003 You don't necessarily need to lodge a complaint with the police station before filing a private complaint petition to the court under Section 210(c) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2003.

Understanding the Provision Section 210 of the Code of Criminal Procedure (CrPC), 1973, which might be relevant here, outlines the procedure when there's both a complaint case and police investigation concerning the same offense. However, it doesn't explicitly mandate lodging a complaint with the police station before approaching the court. Direct Approach to the Court You can directly approach the Magistrate with a private complaint under Section 190 of the CrPC. This provision allows the Magistrate to take cognizance of an offense based on a complaint made by any person. Case Law and Precedents While specific case laws directly supporting this position might vary, the general principle is that a private complaint can be filed directly with the Magistrate without necessarily going through the police station first.¹ ² Key Considerations - *Evidence and Supporting Documents*: Ensure you have sufficient evidence and supporting documents to substantiate your complaint. - *Legal Consultation*: Consulting with a legal professional can help you navigate the process and ensure compliance with relevant laws and procedures. Steps to File a Private Complaint 

- *Prepare the Complaint*: Draft a clear and concise complaint outlining the facts, offenses, and relief sought. - 

*File with the Magistrate*: Submit the complaint to the appropriate Magistrate's court. -

 *Supporting Documents*: Attach all relevant documents and evidence to support your complaint.

It is advisable to try to file a police complaint, if the alleged offence is cognisable.

Not necessary. 

It is not mandatory to lodge a complaint with the police before filing a private criminal complaint under the Bharatiya Nagarik Suraksha Sanhita (BNSS). 

While a complainant can approach the court directly, doing so might be advisable in certain situations, and engaging legal counsel is always recommended. 

Under the BNSS, a private complaint can be filed directly with a magistrate's court, bypassing the police. 

This means that an individual can seek redress for a criminal offense without first filing a police report. 

Section 223 of the BNSS allows a person to file a private complaint directly to the Magistrate

The Magistrate can order a police investigation if deemed necessary before issuing process (summoning the accused). 

While not mandatory, filing a police complaint first can be beneficial. It allows for a police investigation, potentially strengthening the case and providing necessary evidence for the court. 

You can straight away file your complaint u/s 210(c) BNSS 2023 before jurisdictional court.