Can I directly go to a Magistrate if police refuse to file FIR?

Yes — Section 200 allows filing a private complaint directly before a Magistrate. The Magistrate examines you and your witnesses under oath, may conduct an inquiry, and can take cognizance and summon the accused even without a police FIR.

Can a private complaint be filed for non-cognizable offences?

Yes — private complaints are particularly important for non-cognizable offences where police cannot investigate without Magistrate's order. Filing a complaint under Section 200 is the primary route for non-cognizable offences.

Section 200-203 — Examination of Complainant; Postponement of Issue of Process; Dismissal of Complaint | Code of Criminal Procedure | LawCodeHub

Section 200: A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate. Section 202: The Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit. Section 203: The Magistrate may dismiss the complaint if, after considering the statements on oath of the complainant and of the witnesses and the result of the inquiry or investigation, if any, under section 202, there is no sufficient ground for proceeding.

Explanation

Sections 200–203 govern the private prosecution route — where citizens bypass police and bring criminal complaints directly before Magistrates. This is an important alternative to the police FIR route when: (a) police refuse to register FIR; (b) the offence is non-cognizable (which cannot be investigated by police without Magistrate's order); or (c) the complainant wants direct judicial control of proceedings. Section 200's examination on oath is mandatory — the Magistrate must personally examine the complainant and any witnesses brought, record their statements under oath, and have them signed. This creates a formal record and discourages frivolous complaints (false statements on oath constitute perjury). Section 202 inquiry before issuing process — the Magistrate can conduct a preliminary inquiry before summoning the accused to screen out frivolous complaints. This is an important filter protecting accused from harassment. Section 203 dismissal — if after examination and inquiry the Magistrate finds no sufficient ground, they dismiss the complaint without summoning the accused. The BNSS adds a time dimension: Magistrates must act on complaints within 14 days, and if dismissing must give brief reasons.

Examination of Complainant; Postponement of Issue of Process; Dismissal of Complaint

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