What is a Private Complaint under Section 200 Cr.P.C.? Full Procedure & Legal Insight

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In Pakistan’s criminal justice system, not all criminal proceedings begin with an FIR (First Information Report). If the police refuse to register an FIR, or if the investigation is biased or unsatisfactory, the aggrieved party has a powerful legal remedy a Private Complaint under Section 200 of the Code of Criminal Procedure (Cr.P.C.), 1898.

This article explains the meaning, procedure, circumstances, and legality of a private complaint in Pakistan, including whether it can run parallel to an FIR.

What is a Private Complaint?

A private complaint under Section 200 of the Criminal Procedure Code (Cr.P.C.) is a formal accusation made directly to a Magistrate, asking the court to take cognizance of an offense. This avenue is typically pursued when a person believes a crime has been committed but the police have not registered a First Information Report (FIR) or taken satisfactory action. The complainant, in this case, directly approaches the court with their grievance.

Examination of Complainant

Section 200 of the Code_of_Criminal_Procedure_Act_V_of_1898 states that a Magistrate taking cognizance of an offence on complaint shall at once examine the complainant upon oath, and the substance of the examination shall be reduced to writing and shall be signed by the complainant, and also by the Magistrate.

When Can a Private Complaint Be Filed?

A private complaint is usually filed in the following circumstances:

  1. Failure to Register FIR: If the police refuse or fail to register an FIR, the aggrieved party can file a private complaint.
  2. Inadequate Investigation: If the complainant is not satisfied with the police investigation, they may file a private complaint to have the matter adjudicated by the court. As highlighted in Muhammad Shafi v. The State and others, PLD 1981 Karachi 221, this ensures the complainant’s version is properly presented, especially when dissatisfied with the police investigation.
  3. Bypass Police Investigation: In some instances, complainants prefer to directly approach the court to avoid potential bias, corruption, or delays in the police investigation.

Procedure for Filing a Private Complaint

The procedure for filing a private complaint under Section 200 Cr. P.C. involves several steps:

  1. Drafting the Complaint: The complaint should contain all the necessary details of the alleged offense, including the names of the accused, witnesses, and evidence.
  2. Filing the Complaint: The complaint is filed before a Magistrate with the relevant jurisdiction.
  3. Examination of the Complainant: Under Section 200 Cr.P.C., the Magistrate examines the complainant and records their statement under oath. This examination helps the Magistrate determine if there is sufficient ground to proceed. As emphasized in NAJAM SETHI versus Kari SHAMIM AHMED ANJUM and another, 2003 YLR 533, the Magistrate must follow the mandatory procedures under Sections 200 and 202 of the Criminal Procedure Code (Cr.P.C.) before initiating proceedings.
  4. Inquiry or Investigation (Section 202 Cr.P.C.): The Magistrate may conduct an inquiry themselves or direct an investigation by the police or another person to determine the truth or falsehood of the complaint.
  5. Issue of Process (Section 204 Cr.P.C.): If the Magistrate finds sufficient grounds to proceed, they may issue summons or warrants to the accused, requiring them to appear before the court. As noted in Abid Shah and 9 others v. Additional Sessions Judge Sheikhupura and 2 others, PLD 2009 Lahore 444, if “sufficient grounds appear for proceeding, the trial court may issue summons for the attendance of the accused.”
  6. Trial: Once the accused appears, the court conducts a trial, records evidence, and passes judgment.

Advantages of Filing a Private Complaint

  • Bypasses police inaction or bias
  • Gives judicial control over the case
  • Allows complainant to produce direct evidence and witnesses
  • Useful in non-cognizable offences where police won’t register FIR
  • Avoids delays in justice delivery

Can an FIR and a Private Complaint Run Side by Side?

Yes, an FIR and a private complaint can run side by side, especially when they involve the same incident but have different aspects or accused persons. The courts have provided guidelines on how to manage such situations to ensure justice and avoid conflicting judgments.

  1. Same Allegations: When an FIR and a private complaint contain the same allegations against the same accused, the trial court should proceed with the complaint case first. This principle was underscored in Muhammad Rizwan v. The State and others, 2016 PCRLJ 998, which stated that “when an FIR and a private complaint contain the same allegations against the same accused, the trial court should proceed with the complaint case first.”
  2. Different Accused: As per Mst. HALEEMA BIBI Versus THE STATE and another, 2008 YLR 1144, when a challan case (based on a police report) and a complaint case are filed by different parties, contain different versions, and are directed against different sets of accused individuals, the trials should proceed simultaneously.
  3. Consolidation: To streamline proceedings, trial courts may consolidate the FIR case and the private complaint, framing a single charge and examining all witnesses from both cases to pronounce one judgment, as seen in Manzoor Akbar Turk v. Raja Ashiq Hussain and 6 others, 2008 MLD 728.

Additional Considerations

  • Scrutiny of Complaint: The court must properly scrutinize the complaint before issuing summonses, especially considering any prior FIRs and delays in filing the complaint. As the Supreme Court noted in Zafar and others v. Umer Hayat and others, 2010 SCMR 1816, frivolous complaints must be buried at their inception.
  • Competency of Complainant: It’s crucial to ensure that the complainant is competent to file the complaint, especially in cases involving public servants or violations of public orders. For instance, in Muhammad Tanvir Khan Kundi and 4 others v. Ashraf Khan and 3 others, 2014 MLD 1645, the court held that a private individual cannot lodge an FIR for an offense under section 188 P.P.C. without compliance with section 195 Cr.P.C., which requires a complaint in writing by a public servant.

Conclusion

A Private Complaint under Section 200 Cr.P.C. is a powerful tool for citizens to seek justice when the police system fails to deliver. It restores faith in judicial remedies and ensures that justice is not denied merely due to police inaction or manipulation.

Every citizen should know this legal option exists and is enshrined under Pakistani law to maintain the rule of law and access to justice.