Law and You >Procedural Laws > BNSS > Complaint and Police Report (Ss. 2(h) and 2(t) BNSS)
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides distinct procedural mechanisms through which information concerning an alleged offence may result in criminal proceedings before a Magistrate. Two important mechanisms in this framework are a complaint and a police report. Although both may lead to the initiation of criminal proceedings, they differ in their origin, procedure, and role in the criminal justice process. The distinction between these two mechanisms is significant because different procedural provisions apply depending upon whether a case is instituted on a complaint or on a police report. The BNSS also incorporates safeguards to ensure judicial scrutiny at the appropriate stages. Therefore, understanding the meaning, essential features, and procedural differences between a complaint and a police report is crucial for appreciating how criminal proceedings are initiated and progressed under the BNSS.
Complaint:
According Section 2(h) BNSS, “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. This definition is important because it distinguishes a complaint made to a Magistrate from a police report.
A complaint begins with an allegation that an offence has been committed. The person making the allegation is essentially bringing an accusation before the Magistrate and seeking legal action. A mere civil dispute or grievance, without an allegation constituting an offence, would not become a criminal complaint merely because it is presented before a Magistrate.
It may be oral or in writing. A complaint does not necessarily have to be in written form. Thus, an oral allegation made to a Magistrate can also constitute a complaint under the definition. The person making the allegation must intend that the Magistrate take legal action under the BNSS.
The alleged offender may be known or unknown. Therefore, it is not necessary for the complainant to know the identity of the alleged offender at the time of making the complaint.
A police report submitted after investigation is treated separately under the BNSS and is not considered a “complaint” for the purposes of this definition.
In Re: Ganesh Narayan Sasthe , (1889) ILR 13 BOM 600 case, the Bombay High Court held that in a general a complaint of offence can be filed by any person but there are some exceptions of procedure about complaints of offences against marriage, about defamation, about the stamp laws, about lotteries. But such restrictions, of which sections 195 CrPC (S. 215 BNSS) and Section 198 CrPC (S. 219 BNSS) are exceptions made by statute.
Police Report:
According Section 2(t) BNSS, “police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193.
The police report is prepared by the police officer conducting the investigation. It is therefore different from a private complaint, which is an allegation made by a person to a Magistrate. The report is forwarded to a Magistrate who has jurisdiction to take cognizance of the offence.
Thus, the police report serves as the formal means by which the result of a police investigation is placed before the court.
Under Section 193(3), the investigating police officer forwards the report to the Magistrate in the prescribed form after completing the investigation. The report contains the result of the investigation and the information required by law. Section 193(3) provides the statutory basis for forwarding the police report to the Magistrate. On receiving it, the Magistrate may take the appropriate procedural steps in accordance with the BNSS.
Difference between Complaint and Police Report:
Complaint = allegation made to the Magistrate seeking action.
Police report = report submitted by the police after investigation.
| Complaint | Police Report |
| According Section 2(h) BNSS, “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. | According Section 2(t) BNSS, “police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193. |
| It originates when a person approaches the Magistrate and alleges that an offence has been committed. | It, generally originates with information about an offence reaching the police, followed by investigation and submission of the police report to the Magistrate. |
| Chapter XVI BNSS containing Sections 223 to 226 deal with complaint to Magistrate | It is explained in Chapter XIII BNSS titled “Information to the Police and Their Powers to Investigate” |
| It is purely judicial in nature. | It is executive in nature. |
| It does not necessarily involve a prior police investigation. The Magistrate may deal with the complaint according to the procedure prescribed for complaint cases. | It is submitted after police investigation, and therefore contains the investigating officer’s conclusions and the material collected during investigation. |
| It may be made by any person who brings the allegation before the Magistrate, subject to the requirements of law. | It is prepared and submitted by the police officer conducting the investigation. |
| In a complaint case, the Magistrate ordinarily examines the complainant and witnesses present on oath under Section 223 BNSS, subject to the exceptions contained in that provision. | This preliminary examination is not the same procedure as that followed when the Magistrate receives a police report. After submission of police report the accused and witnesses are not examined on oath immediately. |
| The Magistrate is empowered to dismiss the complaint under Section 226 BNSS, if he does not satisfy with complaint. | The Magistrate cannot dismiss the FIR, police report or charge sheet |
| Generally, complaint can be filed in non-cognizable offences. | Generally, FIRs/police report can be filed in cognizable offences. |
| Example: A believes that B has cheated him. A directly approaches the Magistrate with a complaint alleging that B committed the offence. The Magistrate deals with it as a complaint in accordance with the BNSS. | Example: A reports the alleged cheating to the police. The police investigate the matter, collect evidence and, on completion of investigation, submit a report to the Magistrate. The case proceeds on the basis of the police report. |
Conclusion:
The concepts of complaint and police report occupy an important place in the framework of criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023. Although both can serve as a basis for criminal proceedings before a Magistrate, they represent distinct procedural routes. A complaint involves an allegation made to a Magistrate seeking action under the Sanhita, whereas a police report represents the result of a police investigation formally forwarded to the Magistrate under the BNSS.
The distinction between the two is significant because different procedural requirements and safeguards apply to complaint cases and cases instituted on police reports. By clearly defining these concepts and prescribing separate procedures, the BNSS seeks to ensure judicial scrutiny, procedural fairness, and efficient administration of criminal justice.