How to File a Criminal Complaint in Kolkata — Complete
Learn how to file a criminal complaint at a Kolkata police station. Complete guide covering FIR registration, complaint to magistrate, documents required
📑 Table of Contents
Types of Criminal Complaints in India
In India, criminal complaints can be broadly categorized into two types: cognizable offences (where police can arrest without a warrant — like murder, rape, robbery) and non-cognizable offences (where police need court permission to arrest — like defamation, simple hurt). Understanding this distinction is crucial before filing a complaint in Kolkata.
⚡ Key Point: For cognizable offences, the police MUST register an FIR. For non-cognizable offences, the police record a complaint in the Daily Diary and refer you to the magistrate.
How to File an FIR in Kolkata
- Visit the Police Station: Go to the police station within whose jurisdiction the offence occurred. In Kolkata, this could be any of the numerous police stations under Kolkata Police or West Bengal Police.
- Narrate the Incident: Provide a detailed oral or written account of what happened — date, time, place, people involved, and sequence of events.
- Get the FIR Registered: The officer must reduce your information to writing, read it back to you, and register it as an FIR. You are entitled to a free copy of the FIR with the FIR number.
- Sign the FIR: After verifying the contents, sign the FIR. Do NOT sign anything you haven't read or don't understand.
What If Police Refuse to Register FIR?
If the police refuse to register your FIR (which is illegal for cognizable offences), you have several remedies:
- Approach the Senior Officer: Write to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) with your complaint by registered post. Under Section 154(3) CrPC / 173(3) BNSS, they must either investigate themselves or direct a subordinate to register the FIR.
- File a Complaint Before the Magistrate: Under Section 156(3) CrPC / 175(3) BNSS, you can approach the magistrate court and request the court to direct the police to register an FIR and investigate.
- File a Private Complaint: Under Section 200 CrPC / 223 BNSS, you can file a criminal complaint directly before the magistrate, who will examine you and your witnesses, and may then direct the police to investigate or proceed with the trial.
- Approach the Calcutta High Court: File a writ petition under Article 226 for a direction to the police to register the FIR.
Filing a Complaint Before the Magistrate in Kolkata
If the police refuse to act, you can file a criminal complaint directly before the magistrate at Bankshall Court or any other magistrate court in Kolkata. The process:
- Draft a detailed complaint petition stating all facts, dates, witnesses, and the offences committed
- Attach an affidavit supporting the complaint
- File at the magistrate court along with the prescribed court fee
- The magistrate examines you and your witnesses under oath
- If satisfied, the magistrate may direct the police to investigate (Section 156(3)) or proceed with the trial (Section 200)
Documents Required for Filing a Criminal Complaint
- Written complaint describing the incident in detail
- Identity proof (Aadhaar, Voter ID, Passport)
- Address proof
- Any evidence supporting the complaint (photos, videos, messages, emails, medical reports)
- List of witnesses with their addresses
- Copy of complaint sent to senior police officers (if FIR was refused)
Online FIR Filing in Kolkata
Kolkata Police offers online FIR filing for certain categories of offences (motor vehicle theft, lost property, etc.) through the Kolkata Police website. For serious offences, personal appearance at the police station is usually required. You can also file complaints through the West Bengal Police Citizen Portal.
Important Tips When Filing a Criminal Complaint
- Always keep a copy of the FIR or complaint acknowledgment
- Note down the name and designation of the officer who registered your complaint
- If the FIR contains errors, immediately bring it to the officer's notice and get it corrected
- Never file a false complaint — this is itself a criminal offence punishable with imprisonment
- Consult a criminal lawyer in Kolkata before filing serious complaints to ensure proper drafting