Empowering Complainants to Seek

Justice through Private Complaints in

Criminal Cases.
• Section 156(3) CRPC 1973 (Or Section 175(3) BNSS -2023) ,
• Section 200 (Or Section 223 BNSS -2023), and
• Their Combinations

Replace as per New Criminal Laws

• Section 156(3) CrPC 1973 with 175(3) BNSS 2023
• Section 200 CrPC 1973 with 223 BNSS 2023
Under CrPC 1973, a private complaint is a legal tool that allows an individual to
initiate criminal proceedings directly before the Magistrate, without police
involvement. It is particularly useful when a complainant believes a cognizable offense
has been committed but either the police have refused to register an FIR or the
complainant prefers the case to be pursued independently. The complainant can file
the complaint under Section 200, and the Magistrate, after examining the
complainant and any witnesses, may decide whether there is sufficient grounds to
proceed. Alternatively, if further investigation is deemed necessary, the Magistrate
may direct the police to conduct an inquiry under Section 156(3). This process ensures
that citizens can take the first step in seeking justice when direct police action is not an
option. Different type of application
1. Application Under Section 156(3) CrPC 1973
2. Application Under Section 200 CrPC 1973
3. Application Under Section 200 Read with Section 156(3) CrPC 1973
4. Application Under Section 156(3) Read with Section 200 CrPC 1973
1. Application Under Section 156(3) CrPC 1973
 Purpose: Request the Magistrate to direct the police to register an FIR and investigate.
 When to Use:
• When the complainant lacks sufficient evidence and needs police assistance for
investigation.
• When the offense requires technical or forensic investigation (e.g., cyber fraud,
document forgery).
 Procedure:
• File an application under Section 156(3) CrPC. 1973 before the Magistrate.
• State facts showing that a cognizable offense is made out.
• Attach proof of approaching the police (e.g., complaint or acknowledgment of
refusal to register FIR).
• Request the Magistrate to direct police to investigate.
Illustration
Rajesh suspects Mohan of stealing valuables from his warehouse. However, Rajesh lacks
concrete evidence. He files an application under Section 156(3) CrPC., asking the
Magistrate to direct the police to investigate, examine CCTV footage, and recover stolen
goods.
2. Application Under Section 200 CrPC 1973
 Purpose: File a private complaint for the Magistrate to take cognizance, examine
the complainant and witnesses, and proceed to summon the accused.
 When to Use:
• When the complainant has sufficient evidence to establish a prima facie case.
• When police investigation is not necessary for the complainant's case.
 Procedure:
• File a complaint under Section 200 CrPC
• before the Magistrate.
• Present evidence (documents, witness affidavits, etc.).
• Magistrate examines the complainant and witnesses.
• If satisfied, the Magistrate issues summons to the accused.
Illustration :
Rajesh has invoices and witnesses proving that Mohan received payments but failed to
deliver goods. Rajesh files a complaint under Section 200, presents the documents,
and requests the court to summon Mohan.
3. Application Under Section 200 Read with Section 156(3) CrPC
1973
 Purpose: File a private complaint under Section 200 and request the Magistrate to
direct police investigation under Section 156(3) if necessary.
 When to Use:
• When the complainant has some evidence but believes police investigation could
strengthen the case.
• When the complainant is unsure whether their evidence alone will suffice.
 Procedure:
• File a complaint under Section 200 CrPC and include a prayer for police investigation
under Section 156(3).
• Present evidence and request the Magistrate to decide whether the matter should
proceed directly or require police investigation.
• Magistrate may:
• Proceed with the case under Section 200, or
• Direct the police to register an FIR under Section 156(3).
Example:
Rajesh has bank statements showing that Mohan received Rs. 10 lakh for land
registration but has not transferred the land. Rajesh files a complaint under Section
200 read with Section 156(3), requesting the Magistrate to either summon Mohan or
direct the police to investigate further.
4. Application Under Section 156(3) Read with Section 200
CrPC 1973
 Purpose: Request police investigation under Section 156(3) and, as an alternative,
ask the Magistrate to proceed under Section 200 if investigation is denied.
 When to Use:
• When the complainant lacks evidence and depends on police investigation but
wants to keep the option for direct proceedings open.
• When the Magistrate's decision to deny investigation could delay justice without
an alternative.
 Procedure:
• File an application under Section 156(3) and include a prayer to proceed
under Section 200 as a fallback option.
• Magistrate may:
• Direct police to investigate under Section 156(3), or
• Take cognizance and proceed under Section 200.
Example:
Rajesh suspects Mohan of fraudulently transferring ownership of his car. He lacks
direct evidence but requests the Magistrate under Section 156(3) read with Section
200 to either direct the police to investigate ownership records or proceed to
summon Mohan.
Summary Table of All Four Options
Option Primary Focus When to Use Hypothetical Example
1. Section 156(3) CrPC Police investigation Lack of evidence or need Theft where the
for technical complainant lacks direct
investigation. proof.
2. Section 200 CrPC Direct complaint before Sufficient evidence to Cheque dishonor with
Magistrate establish a prima facie witnesses and bank
case. records as evidence.
3. Section 200 read with Private complaint with Some evidence exists but Land fraud where bank
156(3) optional investigation further investigation may statements are available
help. but incomplete.
4. Section 156(3) read Investigation with fallback Lack of evidence but with Fraudulent car ownership
with 200 to direct complaint an alternative option for transfer where records
direct case. are needed.

Replace as per New Criminal Laws

• Section 156(3) CrPC 1973 with 175(3) BNSS 2023
• Section 200 CrPC 1973 with 223 BNSS 2023