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.
📑 Table of Contents
1. Types of Criminal Complaints in India
In India, criminal complaints fall into two categories: cognizable offences (police can arrest without a warrant — murder, rape, robbery, theft) 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.
2. How to File an FIR in Kolkata
Follow these steps to file an FIR at any Kolkata police station:
- 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, 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.
- Sign the FIR: Verify the contents carefully before signing. Never sign anything you haven't read or don't understand.
3. What If Police Refuse to Register Your FIR?
If the police refuse (which is illegal for cognizable offences), you have these remedies:
- Approach senior officers: Write to the DCP/SP by registered post with your complaint. They must investigate or direct a subordinate to register the FIR under Section 154(3) CrPC.
- Magistrate complaint under Section 156(3): File an application before the magistrate court (Bankshall Court or other Kolkata courts) 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.
4. Filing a Complaint Before the Magistrate
If the police are uncooperative, approach the magistrate court at Bankshall Court, Alipore Court, or any other Kolkata magistrate court:
- Draft a detailed complaint petition with all facts, dates, witnesses, and offences
- Attach a supporting affidavit
- File at the magistrate court with the prescribed court fee
- The magistrate examines you under oath
- If satisfied, the magistrate directs police investigation or proceeds with trial
Having an experienced criminal lawyer in Kolkata for this process ensures proper drafting and procedural compliance.
5. 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)