← Your rights

Your rights

Can I file a criminal complaint directly in court?

Short answer

Yes. If police refuse to file FIR, you can file a private complaint directly before a Magistrate under BNSS Section 223.

Understanding the issue

If the police refuse to register your FIR or fail to investigate your complaint, you have the right to file a private complaint directly before a Judicial Magistrate under BNSS Section 223. The Magistrate will examine you on oath and, if satisfied that a prima facie case exists, can direct the police to investigate or take cognizance of the offence directly. You can also complain to the Superintendent of Police under BNSS Section 173(4), who is bound to investigate or get the matter investigated. This ensures that you are not left without remedy even when police are uncooperative.

Laws that apply

  • BNSS Section 223 — Private complaint before Magistrate
  • BNSS Section 173(4) — Complaint to Superintendent of Police