Complainant
A complainant is a person who makes a formal complaint to a court or authority alleging that a criminal offence has been committed, thereby initiating criminal proceedings.
What is a Complainant?
A **complainant** is a person who makes a formal allegation or complaint to a Magistrate or court that a criminal offence has been committed, with the objective of initiating legal proceedings against the accused. The complaint sets the criminal justice process in motion for offences where the process begins through a private complaint rather than a police report (FIR).
In everyday terms, a complainant is the person who goes to court and says, "This person has committed a crime against me, and I want the court to take action." They are the driving force behind a complaint case in criminal law.
Legal Definition and Framework
Section 2(d) of the Code of Criminal Procedure, 1973 (CrPC)
**Section 2(d) CrPC** defines "complaint" as:
> "Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report."
The corresponding provision in the **Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023** is **Section 2(d)**, which carries a substantially similar definition.
Key Elements of the Definition
1. The allegation can be **oral or written**.
2. It must be made to a **Magistrate** (not to the police — that would be an FIR or information).
3. The purpose must be to get the Magistrate to take **action under the Code** — meaning initiate criminal proceedings.
4. It must allege that some person has committed an **offence**.
5. It **excludes a police report** (chargesheet/FIR).
Who Can Be a Complainant?
Any person can be a complainant — they need not be the victim of the offence. However, for certain offences, only specific persons can file complaints:
- **Section 198 CrPC (Section 224 BNSS):** For offences relating to **marriage** (such as adultery under the old law, bigamy), only the aggrieved person can file the complaint.
- **Section 199 CrPC (Section 225 BNSS):** For **defamation**, only the aggrieved person (or a representative in case of a public servant or a head of state) can file the complaint.
- **Section 195 CrPC (Section 220 BNSS):** For offences like **perjury and contempt of court**, the complaint can only be filed by the court concerned or on its order.
Complaint vs. FIR: Key Distinction
Understanding the difference between a complaint and an FIR (First Information Report) is fundamental:
| Feature | Complaint | FIR |
|---------|-----------|-----|
| **Filed with** | Magistrate (court) | Police (SHO of the police station) |
| **Nature** | Oral or written allegation | Information of a cognizable offence |
| **Offences** | Typically non-cognizable offences or cases where police refuse to act | Cognizable offences |
| **Investigation** | Magistrate may order police investigation under Section 156(3) | Police investigate as a matter of duty |
| **Code section** | Section 2(d) CrPC / Section 2(d) BNSS | Section 154 CrPC / Section 173 BNSS |
In **non-cognizable offences** (offences where the police cannot arrest without a warrant or investigate without court permission), filing a complaint before a Magistrate is often the only way to initiate criminal proceedings.
Procedure After Filing a Complaint
Section 200 CrPC (Section 226 BNSS): Examination of Complainant
When a complaint is filed, the Magistrate must **examine the complainant and witnesses on oath**. The Magistrate records their statements in writing. This is a preliminary examination to assess whether there is prima facie substance in the complaint.
Section 202 CrPC (Section 228 BNSS): Postponement of Issue of Process
The Magistrate may, if they consider it necessary, **postpone the issue of process** and either inquire into the case themselves or direct an investigation by the police or any other person. This is done to prevent abuse of the criminal process and frivolous complaints.
Section 203 CrPC (Section 229 BNSS): Dismissal of Complaint
If after examining the complainant and witnesses and conducting any inquiry or investigation, the Magistrate finds that there is **no sufficient ground** for proceeding, they may **dismiss the complaint** with brief reasons.
Section 204 CrPC (Section 230 BNSS): Issue of Process
If the Magistrate is satisfied that there is sufficient ground, they **issue process** (summons or warrant) to the accused, directing them to appear before the court. This formally commences the trial.
Section 256 CrPC: Acquittal on Non-Appearance of Complainant
If the complainant is **absent** on the date fixed for hearing a summons case, the Magistrate may acquit the accused unless there is a good reason for the absence. This underscores the complainant's obligation to actively pursue the case.
When Does This Term Matter?
In Non-Cognizable Offences
For offences such as **defamation (Section 499 IPC / Section 356 BNS), cheating (in some forms), criminal breach of trust below certain thresholds**, and assault not causing grievous hurt, the police may not register an FIR. The remedy for the victim is to file a private complaint before a Magistrate. The complainant then drives the prosecution, often without the assistance of a public prosecutor.
When Police Refuse to Register FIR
In practice, police sometimes refuse to register FIRs even for cognizable offences. In such situations, the victim can file a complaint directly before the Magistrate under **Section 190 CrPC (Section 210 BNSS)**, who can then take cognizance of the offence. The Magistrate may also direct the police to register an FIR and investigate under **Section 156(3) CrPC (Section 175(3) BNSS)**. The Supreme Court in **Priyanka Srivastava v. State of UP (2015) 6 SCC 287** held that a Section 156(3) application should be supported by an affidavit.
In Cheque Bounce Cases
Section 138 of the Negotiable Instruments Act cases are **complaint cases** — they are initiated by the payee (complainant) filing a complaint before the Magistrate. The police do not file an FIR or investigate. The complainant bears the responsibility of proving the case.
In Matrimonial Offences
Offences under **Section 498A IPC (cruelty by husband or relatives)** are cognizable, but many matrimonial offences relating to marriage validity, adultery (when it was an offence), or specific personal law matters require the aggrieved person to file a complaint.
Role of the Complainant During Trial
- The complainant must **appear** on all hearing dates. Absence without reason can lead to acquittal of the accused (Section 256 CrPC for summons cases).
- In complaint cases, the complainant or their advocate conducts the prosecution — examining witnesses, presenting evidence, and arguing the case.
- In cases where the Magistrate takes cognizance on a complaint and orders police investigation, a **public prosecutor** may conduct the prosecution, but the complainant retains the right to engage a private advocate.
- The complainant can be **cross-examined** by the accused's lawyer.
Practical Significance
- **Access to justice:** The complaint mechanism ensures that even when the police are unresponsive or the offence is non-cognizable, a person can seek criminal remedy directly from the court.
- **Prevention of abuse:** The mandatory examination of the complainant under Section 200 and the power to dismiss under Section 203 protect against misuse of the complaint mechanism for harassment or settling personal scores.
- **Burden on the complainant:** In complaint cases, the complainant effectively acts as the prosecutor. This places significant responsibility on them to gather evidence, arrange witnesses, and regularly attend court.
- **No automatic investigation:** Unlike FIR cases, a complaint does not automatically trigger a police investigation. The Magistrate may or may not order investigation, depending on the case.
Frequently Asked Questions
What is the difference between a complainant and an informant?
An **informant** is the person who gives information about a cognizable offence to the police, leading to the registration of an **FIR** under Section 154 CrPC. A **complainant** is the person who makes an allegation of an offence directly to a **Magistrate** under Section 2(d) CrPC. The informant sets the police machinery in motion; the complainant sets the court machinery in motion. In some cases, the same person may be both — for instance, if the police refuse to register an FIR and the person approaches the Magistrate.
Can a complaint be filed against an unknown person?
Yes. The definition of complaint under Section 2(d) CrPC explicitly states "some person, whether **known or unknown**." A complainant can file a complaint against unknown persons, and the investigation or inquiry may subsequently identify the accused. This is particularly useful when the victim knows a crime was committed but does not know who committed it.
What happens if the complainant files a false complaint?
Filing a false complaint is a **serious offence**. The accused (or the person falsely accused) can file a counter-complaint for **giving false information under Section 182 IPC (Section 214 BNS)**, **defamation under Section 499 IPC (Section 356 BNS)**, or **perjury under Section 191 IPC (Section 228 BNS)**. Additionally, the court may award **compensation** to the falsely accused person under Section 250 CrPC and may also initiate proceedings for abuse of process.
Can a complainant withdraw the complaint?
In **compoundable offences** (listed in Section 320 CrPC / Section 359 BNSS), the complainant can compound (effectively withdraw) the complaint with the permission of the court. In **non-compoundable offences**, the complainant cannot unilaterally withdraw, as the prosecution is a matter between the state and the accused. However, the complainant's unwillingness to pursue the case may lead the court to consider whether continuation of the prosecution serves justice.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
FIR (First Information Report)
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence, marking the first step in the criminal investigation process.
Chargesheet
A chargesheet is the final report filed by the police before a Magistrate after completing the investigation of a criminal case, detailing the evidence collected and the conclusions reached.
Cognizable Offence
A cognizable offence is an offence in which a police officer can arrest the accused without a warrant and begin investigation without prior permission from a magistrate.
Non-Cognizable Offence
A non-cognizable offence is a relatively less serious offence where the police cannot arrest the accused without a warrant or investigate without the permission of a magistrate.
Summons
A summons is a formal court order requiring a person to appear before the court on a specified date and time, or directing a party to respond to a legal proceeding initiated against them.