Drafting, Pleadings and Appearances · Pleadings

Drafting Criminal Complaints, Bail Applications and Quashing Petitions under BNSS

Updated 11 October 2026 · Fact-checked

A criminal complaint is a written or oral allegation made to a Magistrate to take action on an offence. A bail application asks a court to release the accused pending trial. A quashing petition asks the High Court to end proceedings. Draft each with court title, facts, grounds, law and prayer under the BNSS.

Understand Criminal Pleadings: Complaints, Bail and Quashing

Criminal procedure is now governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Code of Civil Procedure does not apply to it. Section 112(2) of the CPC says that nothing in the Code applies to any matter of criminal jurisdiction. So do not borrow civil forms like plaint or written statement. Criminal papers have their own forms and prayers.

A complaint is an allegation made to a Magistrate, with a view to the Magistrate taking action under the BNSS, that a person has committed an offence. It is not the same as an FIR. An FIR is recorded by the police when information about a cognizable offence is given to the officer in charge of a police station (section 173 BNSS), and the police then investigate. A complaint goes straight to the Magistrate, who examines the complainant and witnesses and then decides whether to take cognizance. If the police refuse to act, you can approach the Magistrate, who can order an investigation (section 175(3) BNSS).

A bail application asks the court to release an accused person on a bond, with or without sureties, while the case is pending. The route depends on the offence. For a bailable offence, bail is a matter of right (section 478). For a non-bailable offence, the Magistrate or court uses discretion (section 480). Anticipatory bail is sought before arrest from the Sessions Court or High Court (section 482). The High Court and Sessions Court also have special powers to grant bail (section 483). Section 479 deals with release of undertrial prisoners who have spent the prescribed period in custody.

A quashing petition is filed in the High Court under section 528 BNSS, which saves its inherent powers. The High Court may use them to give effect to an order under the BNSS, to prevent abuse of the process of any court, or to secure the ends of justice. It is used sparingly. The court does not hold a mini-trial. It asks whether, even if the allegations are taken as true, an offence is made out, or whether the proceedings are plainly an abuse of process.

In all three drafts the structure is the same: correct forum, parties, facts in order, legal grounds, and a precise prayer. In an exam, marks go to that structure, to the correct provision and to facts used from the question.

Key rules to remember

Complaint versus FIR: FIR: to police (s.173 BNSS) → investigation. Complaint: to Magistrate → examination of complainant → cognizance; A complaint can also lead the Magistrate to order investigation under section 175(3). Under section 223 the accused must be given an opportunity of being heard before cognizance is taken on a complaint.
Bail provisions map: Bailable offence: s.478 | Non-bailable: s.480 | Anticipatory: s.482 | High Court/Sessions special powers: s.483 | Undertrial detention period: s.479; Quote the section that matches the offence and the court you are addressing.
Quashing power: Section 528 BNSS: inherent powers of the High Court to give effect to orders, prevent abuse of process, secure ends of justice; This is not a right to quash every case. Use it only where the facts show abuse of process or no offence on the face of the allegations.
Standard parts of a criminal draft: Court title → parties → facts → grounds → provisions → prayer → verification/affidavit → signature of counsel and party; Use this order for all three documents.
Civil Code exclusion: CPC section 112(2): Code does not apply to any matter of criminal jurisdiction; Use this to explain why criminal drafts follow the BNSS and not the CPC.

How to solve Criminal Pleadings: Complaints, Bail and Quashing questions

Use one method for any question that asks you to draft a complaint, bail application or quashing petition. Read the facts once for the offence and once for the stage of the case.

1Identify the document and the forum: Magistrate for a complaint, Magistrate, Sessions Court or High Court for bail, High Court for quashing.
2Write the court title and cause title with names, addresses and the case or FIR number if one exists.
3State the facts in short numbered paragraphs, in date order. Use only the facts given in the question and do not invent any.
4Name the offence and the provisions. Say whether it is bailable or non-bailable and cognizable or not, if the question gives enough facts.
5Write the grounds. For a complaint, show that the offence is made out and the court has jurisdiction. For bail, cover no flight risk, no tampering, cooperation, and custody period. For quashing, show no offence on the face of the allegations or abuse of process.
6Draft a specific prayer, with an interim prayer if needed, such as stay of proceedings or interim bail.
7Add verification, affidavit or list of documents as required, then the date, place and signatures.
8Check that the party names, dates and amounts match the question.

Quickest way: Forum, Facts, Grounds, Prayer (FFGP)

When to use it: Use this when time is short and you must draft within 20 to 25 minutes.

Write the forum and title first. This secures the opening marks.
List four or five fact paragraphs from the question in date order.
Write three to five grounds, each tied to a fact. For bail use the standard bail factors. For quashing use no offence or abuse of process.
State the relevant provisions: s.173 or s.175(3) for the FIR route, s.223 for complaints, s.480, s.482 or s.483 for bail, s.528 for quashing.
Close with a clear prayer, verification and signature block.

Common mistakes in Criminal Pleadings: Complaints, Bail and Quashing

Using civil pleading forms such as plaint and written statement for a criminal matter.
Students have studied civil pleadings and treat all pleadings alike.
Fix: Remember that the CPC does not apply to criminal matters (section 112(2)). Use the complaint, application and petition formats under the BNSS.
Treating a complaint and an FIR as the same thing.
Both start a criminal case and are loosely called complaints in daily speech.
Fix: State that an FIR goes to the police and leads to investigation, while a complaint goes to the Magistrate, who examines the complainant before cognizance.
Citing the wrong bail provision or the wrong court.
Students memorise old CrPC numbers or mix up regular and anticipatory bail.
Fix: Match the stage: before arrest is anticipatory bail (s.482), after arrest in a bailable offence is s.478, in a non-bailable offence is s.480, and the High Court or Sessions Court uses s.483.
Asking the High Court to decide the facts in a quashing petition.
Students argue the defence on merits, as in a trial.
Fix: Argue that even on the allegations as stated no offence is made out, or that the proceedings are an abuse of process. Keep the facts short.
A vague prayer such as 'pass any order'.
Students rush the last paragraph.
Fix: State the exact relief: release on bail on terms, or quash the FIR or proceedings, plus an interim stay if urgent. A general residual prayer may follow the specific ones.
Inventing facts or leaving out facts given in the question.
Students rely on memorised templates.
Fix: Use names, dates, amounts and the offence from the question. Mark any assumption clearly.

Worked examples

Example 1

Ramesh Iyer, director of Surya Traders Pvt Ltd, Chennai, received ₹12,00,000 from Anita Rao on 5 March 2026 for supplying goods by 30 April 2026. He never supplied the goods, and the money was not returned. The police refused to register an FIR. Draft the main parts of a complaint to the Magistrate.

Show the solution

Forum: In the Court of the Judicial Magistrate, Chennai. Title: Anita Rao (Complainant) versus Ramesh Iyer (Accused).
Facts: state in numbered paragraphs the parties, the payment of ₹12,00,000 on 5 March 2026, the promise to supply by 30 April 2026, the failure to supply, the demand for refund, and the police refusal to register an FIR.
Offence: allege that the accused dishonestly induced delivery of money with no intention to supply the goods, which makes out the offence of cheating under the Bharatiya Nyaya Sanhita. Do not add a section number you are unsure of.
Jurisdiction: state that the payment was made and the loss caused within the local limits of the court.
Procedure: state that the complainant will be examined on oath and ask that the Magistrate take cognizance after following the BNSS, including giving the accused the opportunity of being heard under section 223. Alternatively, plead that the Magistrate may direct investigation under section 175(3).
Prayer: take cognizance, issue process to the accused, and try and punish him according to law. Attach the list of documents: the receipt, bank statement and demand notice.
Close with date, place, signature of the complainant and counsel, and the verification.

Answer: A complaint addressed to the Magistrate, titled Anita Rao versus Ramesh Iyer, with numbered facts, the cheating allegation, jurisdiction, reliance on BNSS procedure including section 223 or section 175(3), a specific prayer, list of documents, verification and signatures.

Example 2

Karan Mehta, an accountant, is arrested in a case alleging a non-bailable offence of fraud involving ₹8,00,000. He has no criminal record, has a fixed address in Pune, and has cooperated with the investigation. The chargesheet is yet to be filed. Draft the grounds and prayer of a bail application before the Magistrate.

Show the solution

Forum and provision: before the Judicial Magistrate, Pune, under section 480 BNSS because the offence is non-bailable. Title: Karan Mehta (Applicant) versus State.
Facts: arrest date, the allegation, the amount of ₹8,00,000, that he is in judicial custody, and that investigation is ongoing.
Ground 1: the applicant has deep roots in Pune and is not likely to flee.
Ground 2: he has no criminal history and has cooperated, so there is no risk of tampering with evidence or influencing witnesses.
Ground 3: relevant documents are already in the custody of the police, so continued custody is not needed for investigation.
Ground 4: he undertakes to attend court, not to leave the city without leave, and to abide by any conditions imposed.
Prayer: release the applicant on bail on such bond and sureties and conditions as the court thinks fit. Add that if refused, the applicant is free to approach the Sessions Court or High Court under section 483.
Close with the date, place and signatures. Annex the arrest memo and remand order.

Answer: A bail application under section 480 BNSS before the Magistrate, with facts, grounds on roots in the community, no tampering risk, cooperation and undertakings, and a prayer for release on bond with conditions.

Exam tips

Begin every draft with the court title and parties. Examiners look for this first.
Learn the bail map: s.478 bailable, s.480 non-bailable, s.482 anticipatory, s.483 High Court and Sessions Court. Quote the section that fits the facts.
In a quashing question, write section 528 and the three purposes: give effect to orders, prevent abuse of process, secure the ends of justice.
If asked for the difference between complaint and FIR, give a short comparison on who receives it, what follows, and who decides on cognizance.
Do not invent case laws or section numbers. If you are unsure, state the provision in words.

Practice questions from Pleadings

Criminal Pleadings: Complaints, Bail and Quashing: frequently asked questions

What is the difference between a complaint and an FIR?

An FIR is recorded by the police on information about a cognizable offence and leads to investigation. A complaint is made to a Magistrate, who examines the complainant and decides whether to take cognizance. Under the BNSS a Magistrate can also order the police to investigate a complaint.

Under which section can I file a quashing petition under BNSS?

Section 528 BNSS saves the inherent powers of the High Court. The High Court can use them to give effect to any order under the Sanhita, to prevent abuse of the process of any court, or to secure the ends of justice.

What is the format of a bail application under BNSS?

Write the court title and parties, then numbered facts, the offence and the provision, the grounds for bail, the prayer with undertakings, and the signature block. Choose the provision by the type of offence and the court: s.478, s.480, s.482 or s.483.

Does the Code of Civil Procedure apply to criminal pleadings?

No. Section 112(2) of the CPC states that nothing in the Code applies to any matter of criminal jurisdiction. Criminal matters follow the BNSS and the relevant penal law.