Step-by Step Guide to Filing a Private Criminal Complaint under BNSS for Forgery of Valuable Security
Shashi Ranjan
LL.B. (2nd Year), University of Allahabad
Intern, Adv. Omkar Awasthi and Associates
Keywords: Private Complaint under BNSS, Section 223 BNSS, Forgery of Valuable Security, Pre-Cognizance Hearing, BNS Section 338
Abstract / Introduction
The criminal justice system in India witnessed a major overhaul with the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the old CrPC and became effective from 1 July 2024. The new law aims to make procedures more citizen-friendly, time-bound, and balanced. Among its notable changes is Section 223 BNSS, which deals with the examination of the complainant in private complaint cases. While it carries forward the essence of the old Section 200 CrPC, it adds an important layer of protection by requiring the Magistrate to give the accused an opportunity to be heard before taking cognizance.
Forgery of valuable security, now punishable under Section 338 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (earlier Section 467 IPC), is a grave offence. It involves creating or altering a document that appears to be a valuable security, will, or any instrument that grants authority over money, property, or rights. The punishment can extend to life imprisonment or up to ten years, plus fine. Such crimes not only inflict financial harm but also shake trust in important legal and financial documents like promissory notes, bonds, share certificates, and property deeds.
In my experience during the internship, victims of forgery—particularly in property or business dealings—often struggle to get the police to register an FIR, as officers sometimes dismiss the matter as civil. The Supreme Court has consistently held that the availability of a civil remedy does not bar criminal proceedings when ingredients of cheating and forgery are made out, as reaffirmed in Punit Beriwala v. State (NCT of Delhi) [2025 INSC 504]. When police assistance is not forthcoming, filing a private complaint before the Magistrate becomes the practical route.
This article provides a clear, step-by-step practical guide to filing such a complaint under Section 223 BNSS. It covers the legal framework, important judicial decisions (including recent developments up to mid-2026), ground-level challenges, and possible improvements. Written from the perspective of a second-year law student learning through actual chamber work, the piece tries to blend statutory understanding with real-world application rather than repeating textbook provisions.
Background / Legal Framework
The BNSS emphasises “Nagarik Suraksha” — protection of citizens. Chapter XVI (Sections 223 to 226) specifically regulates complaints to Magistrates.
Under Section 223(1) BNSS, a Magistrate with jurisdiction must examine the complainant and any present witnesses on oath when dealing with a private complaint. The substance of this examination has to be recorded in writing and signed by all concerned. The first proviso is crucial: no cognizance can be taken without affording the accused an opportunity of being heard. Complaints by public servants or courts are exempt from certain requirements.
This marks a clear departure from the CrPC era, where the accused had no role until process was issued. The change aims to prevent frivolous or motivated complaints, especially in commercial and property disputes.
The offence itself is defined under BNS Section 338. “Valuable security” has a wide meaning and covers documents creating, transferring, or extinguishing legal rights. Complaints frequently combine this with cheating (BNS 318), forgery for cheating (BNS 336), and using forged documents (BNS 340).
Jurisdiction lies with the Magistrate where the offence occurred or where the accused resides or works. The complaint must show a prima facie case and should not appear vexatious. Overall, the framework tries to strike a balance between the victim’s right to justice and the accused’s right to fairness.
Main Analysis & Case Studies: Step-by-Step Guide
Step 1: Thorough Preparation and Drafting
Collect strong evidence first — original documents, forged ones, forensic/handwriting expert reports, witness statements, emails, bank records, and proof of loss. Draft the complaint carefully. It should contain:
- Completedetails of complainant and accused.
- Chronologicalfacts with dates and events.
- Specificsections violated (primarily BNS 338 and connected provisions).
- Listof relied-upon documents and witnesses.
- Clearprayer seeking examination under Section 223 BNSS, cognizance, and issuance of process.
Attach a verifying affidavit. Keep the language factual, precise, and free from hyperbole, because the accused will now get an early chance to respond.
Step 2: Filing the Complaint
Present the complaint in the concerned Magistrate’s court, preferably in person or through counsel. Follow local rules on copies, fees, and annexures.
Step 3: Examination of Complainant and Witnesses (Section 223(1))
The Magistrate will schedule the recording of statements on oath. Prepare thoroughly so that answers remain consistent. This statement forms part of the record and must disclose sufficient grounds.
In Basanagouda R. Patil (Yatnal) v. Shivananda S. Patil [2024 SCC OnLine Kar 96], the Karnataka High Court clarified that the Magistrate must first record the complainant’s and witnesses’ statements before issuing notice to the accused.
Step 4: Issuance of Notice to the Accused and Pre-Cognizance Hearing
After recording statements, the Magistrate issues notice to the accused along with copies of the complaint and statements. The accused can file a reply, submit documents, or make submissions.
Several High Courts have reinforced this requirement. The Kerala High Court in Suby Antony v. Respondent No. 1 [2025:KER:6236] and the Allahabad High Court (Lucknow Bench) in Prateek Agarwal v. State of U.P. (13 February 2025) followed the Karnataka view. The Supreme Court has applied the safeguard even to complaints under special laws like PMLA in Kushal Kumar Agarwal v. Directorate of Enforcement [2025 SCC OnLine SC 1221] and Parvinder Singh v. Directorate of Enforcement [2026 INSC 519].
The exact timing remains under consideration. The Delhi High Court in Dr. Rita Bakshi v. Seema Bajaj (18 March 2026) referred the issue to a Larger Bench. Practitioners should monitor this development.
Step 5: Magistrate’s Order on Cognizance
After hearing both sides, the Magistrate may take cognizance and issue process (Section 227), postpone process for further inquiry (Section 225), or dismiss the complaint (Section 226). The Madhya Pradesh High Court in Vinay Pratap Singh v. Pushpendra Singh (2026) clarified that the hearing does not require full disclosure of all evidence.
Step 6: Post-Cognizance Stage
If process is issued, the case proceeds as a warrant or summons case (often warrant, given the punishment). Standard trial procedures under BNSS follow.
Illustrative Case Studies
Forgery cases involving fake deeds or securities require clear proof of dishonest intent and harm. In Kaberi Dey v. Sourav Bhattacharjee [2025 SCC OnLine Cal 5928], the Calcutta High Court cautioned against turning the pre-cognizance hearing into a mini-trial. The Supreme Court’s observations in Punit Beriwala help counter the common defence that the dispute is purely civil.
Critical Analysis & Evaluation
The pre-cognizance hearing under Section 223 BNSS is a positive step that promotes fairness and reduces misuse of the system. It aligns with Article 21 principles and allows Magistrates to take an informed view early, especially useful in technically complex forgery cases.
Challenges remain. The ongoing Larger Bench reference in Delhi High Court creates some uncertainty about the precise sequence across jurisdictions. The exact scope of the hearing — whether limited cross-examination is allowed or only written/oral replies — also needs clearer guidance. For complainants from weaker backgrounds, the requirement of forensic evidence adds cost and delay. There is also a risk of the hearing being used tactically to prolong matters.
On the brighter side, courts are applying the provision purposively to special statutes, and judgments like Kaberi Dey emphasise keeping the hearing focused. The reform has the potential to strengthen trust in the system if implemented uniformly.
Suggestions for Reform
- Earlyresolution of the Larger Bench reference (or Supreme Court clarification) on the hearing stage.
- Guidelineson the permissible scope of the hearing.
- Mandatoryshort timelines (30-60 days) for completion of the pre-cognizance stage.
- Specialtraining for Magistrates on economic offences and forensic evidence.
- Accessto legal aid for deserving complainants at the initial stage.
Conclusion
A private criminal complaint for forgery of valuable security under Section 223 BNSS offers victims a meaningful remedy when police action is lacking. The new safeguards reflect a thoughtful attempt to balance rights, though judicial clarification is still evolving.
During my internship, I have seen how careful preparation and awareness of procedural nuances make a real difference. As law students and young lawyers, we must stay updated with developments, particularly the Delhi High Court reference and Supreme Court rulings on special statutes.
The law in this area is dynamic. Tracking these changes will help ensure complaints are filed and pursued effectively. Ultimately, a well-drafted and properly presented complaint not only serves the client but also contributes to the larger goal of a fair and efficient justice system.
Frequently Asked Questions (FAQ)
Q1. Can I file a private complaint directly without first approaching the police?
Yes. Section 223 BNSS allows any person to file a complaint directly before a Magistrate if they believe an offence has been committed. This is particularly useful in forgery cases where police may be reluctant to act.
Q2. What documents should I attach with the complaint?
Attach all relevant evidence including original and forged documents, expert reports, witness statements, proof of loss, and an affidavit verifying the facts. Strong documentary evidence significantly improves chances at the pre-cognizance stage.
Q3. Is the pre-cognizance hearing under Section 223 mandatory?
Yes. The proviso to Section 223(1) makes it mandatory for the Magistrate to give the accused an opportunity to be heard before taking cognizance. Recent Supreme Court and High Court judgments have treated non-compliance as a jurisdictional defect.
Q4. At what stage is the notice to the accused issued?
As clarified by several High Courts, the Magistrate should first record the complainant’s and witnesses’ statements and then issue notice. However, the exact sequence is pending consideration before a Larger Bench of the Delhi High Court.
Q5. Can the accused cross-examine witnesses at the pre-cognizance stage?
The position is not fully settled. Courts have generally held that the hearing provides an opportunity to respond to the material on record, but it is not a full trial. Limited submissions or documents are usually permitted.
Q6. What happens if the Magistrate dismisses the complaint?
The order of dismissal under Section 226 BNSS can be challenged in revision before the Sessions Court or High Court. A fresh complaint on the same facts is generally not maintainable unless new evidence emerges.
Q7. Is there any time limit for filing such a complaint?
The limitation period is governed by BNS provisions corresponding to the offence. For serious forgery cases, it is usually three years from the date of knowledge of the offence, but consult the specific provision and seek condonation if needed.
Q8. Do I need a lawyer to file the complaint?
While it is possible to file in person, engaging a lawyer is strongly recommended for proper drafting, evidence collection, and representation during the hearing, especially given the technical nature of forgery cases.
References
- BharatiyaNagarik Suraksha Sanhita, 2023.
- BharatiyaNyaya Sanhita, 2023.
- BasanagoudaR. Patil (Yatnal) v. Shivananda S. Patil, 2024 SCC OnLine Kar 96.
- SubyAntony v. Respondent No. 1, 2025:KER:6236.
- PrateekAgarwal v. State of U.P. (Allahabad High Court, Lucknow Bench, 13 February 2025).
- KushalKumar Agarwal v. Directorate of Enforcement, 2025 SCC OnLine SC 1221.
- ParvinderSingh v. Directorate of Enforcement, 2026 INSC 519.
- Dr.Rita Bakshi v. Seema Bajaj (Delhi High Court, 18 March 2026 – reference to Larger Bench).
- KaberiDey v. Sourav Bhattacharjee, 2025 SCC OnLine Cal 5928.
- PunitBeriwala v. State (NCT of Delhi), 2025 INSC 504.
- Othersupporting commentaries from reliable legal portals (verified as of July 2026).