Complaint definition in BNSS

A complaint under the Criminal Procedure Code (CrPC) is an allegation made to a Magistrate that an offense has been committed, with the intent to have the Magistrate take action. This allegation can be oral or written and is distinct from a police report, which is filed after a police investigation. A valid complaint must be made to a Magistrate, not a police officer, and can be made by any person aware of the offense.
Key aspects of a complaint under CrPC
Definition: Under Section 2(d) of the CrPC, a complaint is defined as an allegation, made orally or in writing, to a Magistrate that some person, known or unknown, has committed an offense, with the view that the Magistrate take action under the code.
Who can file: The complaint does not have to be filed by the person who was injured; it can be filed by any person who is aware of the offense.
Recipient: The complaint must be made directly to a Magistrate, and not to a police officer.
Purpose: The purpose is to prompt the Magistrate to take action under the CrPC, which may include examining the complainant and witnesses, conducting an inquiry, or issuing a process against the accused.
Complaint vs. FIR: A complaint is filed directly with a Magistrate, while an FIR (First Information Report) is filed with the police to initiate a formal police investigation. A complaint can be filed for both cognizable and non-cognizable offenses.
Complaint process: After a complaint is filed, the Magistrate may examine the complainant and witnesses (Section 200), conduct an inquiry or investigation (Section 202), and if there are sufficient grounds, issue a process against the accused (Section 204). If there are no sufficient grounds, the Magistrate may dismiss the complaint and record the reasons for doing so (Section 203).
Filing: Complaints can be filed with the police or directly with the Magistrate, depending on the severity and jurisdiction, but a complaint directly to the Magistrate is a specific process under the CrPC.
Alternative remedy: If a person's FIR is not registered by the police, they can approach a Magistrate under Section 156(3) of the CrPC or file a criminal complaint under Section 200 of the CrPC.

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