How to File a Criminal Complaint – Complete Legal Guide (2026)

Introduction

A criminal complaint is a formal complaint made to the police or a competent court alleging that a criminal offence has been committed. Filing a criminal complaint is often the first step in initiating legal action against a person accused of committing an offence.

Depending on the nature of the offence, the complaint may lead to the registration of an FIR, a police investigation, or proceedings before a Magistrate.

This guide explains how to file a criminal complaint in India, the required documents, legal procedure, and important points under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

What is a Criminal Complaint?

A criminal complaint is a written or oral statement made by a person before the police or a competent Magistrate alleging that a criminal offence has been committed.

The complaint should clearly describe the facts of the incident and provide all available supporting information.

Who Can File a Criminal Complaint?

A criminal complaint may generally be filed by:

• The victim.

• A family member.

• A witness (in appropriate cases).

• A person having knowledge of the offence.

• An authorized representative, where permitted by law.

The person filing the complaint should provide truthful and accurate information.

When Should You File a Criminal Complaint?

You should consider filing a criminal complaint if:

• A criminal offence has been committed.

• You have suffered loss, injury, or harm due to the offence.

• You witnessed the commission of an offence.

• You possess information about a cognizable offence.

• Immediate police or legal action is required.

Prompt reporting may help preserve evidence and facilitate investigation.

Documents Generally Required

Depending on the nature of the complaint, you may need:

• Identity proof.

• Address proof.

• Written complaint.

• Photographs or videos.

• Medical reports (if applicable).

• Electronic evidence.

• Witness details.

• Copies of relevant documents.

• Any other supporting material.

Even if all documents are not immediately available, you may still approach the police or the court.

Step-by-Step Process to File a Criminal Complaint

Step 1: Prepare the Complaint

Clearly mention:

• Date and time of the incident.

• Place of occurrence.

• Names of the persons involved (if known).

• Description of the incident.

• Available evidence.

• Details of witnesses (if any).

Step 2: Visit the Police Station

Approach the police station having jurisdiction over the place where the offence occurred.

For certain cognizable offences requiring immediate action, you may also approach the nearest police station as permitted by law.

Step 3: Submit the Complaint

Provide the complaint either:

• In writing, or

• Orally, which may be reduced into writing by the police.

Read the complaint carefully before signing it.

Step 4: Registration of FIR (Where Applicable)

If the complaint discloses a cognizable offence, the police may register an FIR and begin the investigation in accordance with the BNSS.

For non-cognizable offences, the applicable legal procedure may differ.

Step 5: Obtain an Acknowledgment

Where applicable, obtain:

• A copy of the FIR (if registered).

• A receiving acknowledgment.

• Complaint reference number.

• Diary or acknowledgment number, if available.

What if the Police Do Not Take Action?

If a person believes that the complaint has not been acted upon in accordance with the law, they may have legal remedies available, including:

• Approaching a senior police officer.

• Filing a complaint before the competent Magistrate.

• Seeking other remedies available under the applicable law.

The appropriate remedy depends on the facts of the case.

Benefits of Filing a Criminal Complaint

• Initiates the legal process.

• Enables police investigation where applicable.

• Helps preserve evidence.

• Protects the rights of victims.

• Assists in bringing offenders before the court.

• Creates an official legal record of the incident..