Private complaint to judicial magistrate through Registered Post

Question

Private complaint to judicial magistrate through Registered Post

24-Aug-2026 (In Criminal Law)

Can I send my private criminal complaint to Judicial magistrate through Post. If sent how many days will it take for first hearing. Will application be allowed or will court staff simply ignore my post. Please guide me in sending private complaint and timeline after receiving complaint by court registry. Please guide

Answers (5)

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Adv. Madhvi Chopra Adv. Madhvi Chopra

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Advocate Kunal Seth LawRato · Accepted Answer · 2026-08-24T13:43:56+05:30

Answer #2

a private complaint though can be sent by post and the court can take suo Moto cognizance of the offence but it is highly unlikely that the private complaint if sent by post be entertained. instead a better way would be to register yourself as a private litigant on the online portal of e-courts filing and thereafter file your complaint online.

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Advocate Anchal LawRato · Accepted Answer · 2026-08-24T15:09:10+05:30

Answer #3

No, you cannot file a private criminal complaint to a Judicial Magistrate through post. Under Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023 [earlier Sec. 200 Cr.P.C], the complainant must be examined on oath by the Magistrate. *Correct Procedure:* 1. Complaint must be filed in person or through your Advocate before the concerned Judicial Magistrate First Class having territorial jurisdiction. 2. File 2-3 copies with affidavit, list of witnesses and documents. 3. Magistrate will examine you on oath and then may either issue process under Sec. 227 BNSS or order police investigation under Sec. 175(3) BNSS or dismiss under Sec. 226.

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Advocate Ram Charan LawRato · Accepted Answer · 2026-08-28T08:52:46+05:30

Answer #4

A private criminal complaint should preferably not be sent merely by post. Although receipt by post does not necessarily invalidate a written complaint, the safer and proper course is to file it before the concerned Judicial Magistrate through the prescribed filing counter/e-filing system, either personally or through an advocate. Under Section 223 BNSS, the complainant is ordinarily required to be examined on oath. There is no fixed statutory number of days within which the first hearing must take place; it depends upon scrutiny, registration and listing by the concerned court. Therefore, filing through the regular court filing mechanism is strongly recommended so that a filing/diary number can be obtained and the case can be properly tracked. Pl tell about your district so that I can suggest further .

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Advocate Nitin Tyagi LawRato · Accepted Answer · 2026-08-29T21:45:42+05:30

Answer #5

Generally this procedure is not adopted in court. As it is specifically mentioned in the Bharihya Nagrik Suraksha Sanhita,2023 that complaint has to be in writing and complaint through post or any other means is not accepted in courts rather it has to be in proper format with Vakalatnama of Advocate

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