LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Being Human (LLB)     20 March 2015

What is the procedure for filling private complaint

HI Repected Members,

What is the procedure for filling private complain in the court. Can a person other then lawyer can file private complaint in the court. 

What are the supporting documents for this purpose...?

For e.g. in case which is already in hearing in the court, can co-complainant file private complain in the court to add other ipc section which is not registered in chargesheet and FIR.

Or co - complainant has to file fresh complaint for this....?


 6 Replies

ark200   20 March 2015

first of all what is the offence? is it criminal offence? or civil? not in all offence you can file private complaint. there are few offences .

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     21 March 2015

If it is criminal offense, you can file private complaint u/s 200 CrPC and produce witnesses and other evidence on oath. Your complaint can be either oral or in writing.

TGK REDDI (No designation)     17 May 2015

Private Complaint, either oral or written, can be filed in majority of the offences.       Few offences need Complaint by aggrieved party or Court.       Civil offence?      What's this?       Civil torts are there.       Offences of civil nature exist and magistrates are to be more cautious.

For taking a criminal complaint on file, the complaint must be prima facie genuine.       No locus standi is necessary.     For taking a plaint on file, the case need not be established even prima facie.     But locus standi should exist.  

SOLOMON.RAJ (advocate/director)     11 March 2016

Mr. Santosh Reddy,

                             The right procedure to file a private complaint is to move a petition before the concerned jurisdictional courts under the provisions of the criminal procedure code, i.e under sections 190 and 200 of the Cr.P.C. making an eloborate descripttion narrating the entire events of the offonce , place of offence , nature of offence and the witnesses present there of and also produce any documentary evidence what soever pertianing to such crime / offence.

The complainant has to affix a passport size photo of his on the petition . But before approaching the Hon'ble Courts you need to write a complaint to the concered station house Officer as well the Assistant Commissioner of Police and obtain an acknowledgement from the said offices, there by enclosing them you can always approach the Concerned courts where the place of offnence took place.

A private complaint under the above provisions of CR.P.C. are filed before the courts only on the event of the police not acting on your complaint.

Please note that private complaint is filed only for criminal offences and /or white collar offences i.e. offences falling under the perview of the criminal procedure code.

IN THE ABOVE PROVISIONS OF 190  & 200 Cr. P.C. you are either asking the court to direct the concerned police to investigate the matter and file a report back / or register an FIR, or you are requesting the court to take cognizance of the particular offence and conduct the trial proceedings.   


Advocate, High Courts of A.P. & T.S.


Director, Justice League,

National Joint Secretary, Christian legal Association

General Secretary,U.C.C ,State of Telangana,

Vice President, Minorities Right Forum,

Indian Ombudsman, U.E. Of Unites states of America,

National Vice president , All Indian Christian's Council,

Email:rajcarey@yahoo.com, justiceleague367@yahoo.com




zeenat unissa   07 April 2016

I agree with advocate Solomon Raj, but the procedure may vary from place to place. But as said private complaint can be filed u/s 200 of CRPC and the magistrate after making out "prima facie" can order for investigation to the concerned police.

Siddharth Dev (Advocate)     19 May 2016

to file a complaint before court first you must intimate offence in writing to PS and than you file complaint u/s 200 r.w u/s 156(3) but i suggest have a meeting with advocate for sustainability of your complaint

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register