How to File a Criminal Complaint in Kolkata
Complete guide to filing a criminal complaint in Kolkata — from FIR registration at the police station to filing a complaint before the magistrate. Learn your rights, the procedure, and what to do if the police refuse to register your complaint.
Table of Contents
Types of Criminal Complaints in India
In India, criminal complaints fall into two categories: cognizable offences (police can arrest without warrant — murder, rape, robbery, theft, cheating) and non-cognizable offences (police need court permission — defamation, simple hurt, public nuisance). Understanding this distinction is essential before approaching the police in Kolkata.
For cognizable offences, the police MUST register an FIR. Refusing to register an FIR for a cognizable offence is illegal and can be challenged before senior officers or the magistrate court.
How to File an FIR in Kolkata
- Visit the correct police station: Go to the station within whose jurisdiction the offence occurred. Kolkata has numerous police stations under Kolkata Police and West Bengal Police.
- Narrate the incident: Provide a detailed account — date, time, place, people involved, and the sequence of events. You can give this orally or in writing.
- Get the FIR registered: The officer must reduce your information to writing, read it back to you, and register it. You are entitled to a FREE copy of the FIR with the FIR number.
- Sign the FIR: Verify the contents carefully before signing. Never sign anything you haven't read or don't fully understand.
What If Police Refuse to Register Your FIR?
If the police refuse to register your FIR (which is illegal for cognizable offences), you have these remedies:
- Approach senior officers: Write to the DCP or SP by registered post. Under Section 154(3) CrPC, they must investigate or direct a subordinate to register the FIR.
- Magistrate complaint under Section 156(3) CrPC: File an application before the magistrate court requesting a direction to the police to register FIR and investigate.
- Private complaint under Section 200 CrPC: File a criminal complaint directly before the magistrate, who examines you and your witnesses before taking action.
- Calcutta High Court writ petition: File a writ under Article 226 for a direction to the police to register the FIR.
Filing a Complaint Before the Magistrate
If the police are uncooperative, approach the magistrate court at Bankshall Court, Alipore Court, or any Kolkata magistrate court. Draft a detailed complaint petition with all facts, dates, witnesses, and offences. Attach a supporting affidavit. The magistrate examines you under oath. If satisfied, the magistrate directs police investigation or proceeds with trial. Having an experienced criminal lawyer in Kolkata ensures proper drafting and procedural compliance.
Documents Required
- Written complaint describing the incident in detail
- Identity proof (Aadhaar, Voter ID, Passport)
- Address proof
- Supporting evidence (photos, videos, messages, emails, medical reports)
- List of witnesses with addresses
- Copy of complaint to senior officers (if FIR was refused)