Updated for BNSS & BNS

Police Complaint for Cheating: FIR Request under Section 173 BNSS

Use this updated sample to prepare a written complaint where the facts may disclose cheating, dishonest misappropriation, criminal breach of trust, criminal conspiracy, or other cognizable offences. The exact offences and sections depend on the facts and the date of the alleged acts.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024. Section 173 now deals with information relating to cognizable offences. It permits information to be given irrespective of the area where the offence was committed and also permits electronic communication, subject to the statutory signature requirement.
FIR / cognizable informationSection 173, Bharatiya Nagarik Suraksha Sanhita, 2023.
Free copyA copy of the information recorded under Section 173(1) is to be given forthwith, free of cost, to the informant or victim.
If police refuseSection 173(4) provides for sending the substance of the information in writing and by post to the Superintendent of Police concerned.
Common BNS provisionsDepending on facts: Section 314 (dishonest misappropriation), Section 316 (criminal breach of trust), Section 318 (cheating), and Section 61 (criminal conspiracy).
Older incidents: For acts committed before 1 July 2024, the applicable penal and procedural provisions may require consideration of the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 together with the repeal-and-savings provisions. Do not mechanically replace old section numbers where the alleged occurrence predates the new criminal laws.

What to include in a cheating complaint to police

A useful police complaint should state the events chronologically and identify the accused persons, the representations or assurances made, how money or property was entrusted or delivered, the complainant's reliance on those representations, the transactions involved, the loss suffered, and the documents or electronic records supporting the allegations. Avoid adding offences merely as labels; the factual allegations should disclose the ingredients of the offences relied upon.

Sample Police Complaint Format for Cheating / Misappropriation

Replace the blanks with accurate facts. Delete any allegation or statutory reference that does not apply to your case.

Date: ___ / ___ / 20__

To
The Station House Officer
__________________ Police Station
__________________ District / City
__________________ State / UT

Subject: Complaint requesting recording of information and appropriate action under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regarding alleged cheating, dishonest misappropriation, criminal breach of trust, criminal conspiracy and other offences disclosed by the facts.

Accused persons:

1. Mr./Ms. __________________, Accused No. 1
Address: ______________________________________

2. Mr./Ms. __________________, Accused No. 2
Address: ______________________________________

Sir/Madam,

I, __________________, son/daughter/wife of __________________, residing at __________________, respectfully submit this complaint as follows:

1. I am __________________ [occupation/status]. I maintained Bank Account No. __________________ with __________________ Bank for receiving my salary, savings, retirement benefits and/or other lawful funds.

2. Accused No. 1, who is my __________________, and Accused No. 2, who is __________________, represented to me that they would __________________ [for example, purchase property on my behalf / manage specified funds for a stated purpose]. Relying upon those representations, I __________________ [state what was entrusted, transferred, signed or delivered].

3. Between __________________ and __________________, the accused persons handled / received / dealt with the following money, documents or property: __________________. The relevant transactions are reflected in the enclosed bank statements and supporting records.

4. On or about __________________, I discovered that __________________ [describe the alleged diversion, unauthorized withdrawal, false representation, use of signed cheques/documents, failure to account, or other material facts].

5. I requested the accused persons on __________________ to provide accounts, bank statements, documents and/or details of the property or transactions. They __________________ [state the response or refusal accurately].

6. The records presently available to me show that approximately Rs. __________________ was __________________ [withdrawn/transferred/appropriated/obtained] in the following manner: __________________. A transaction-wise statement is enclosed as Annexure ___.

7. I submit that the above facts may disclose offences including, as applicable, dishonest misappropriation of property under Section 314 of the Bharatiya Nyaya Sanhita, 2023; criminal breach of trust under Section 316; cheating under Section 318; criminal conspiracy under Section 61; and any other offence disclosed during investigation. The correct statutory provisions may kindly be applied on the basis of the facts, evidence and date of occurrence.

8. I am enclosing copies of the documents presently in my possession, including __________________ [bank statements / messages / emails / agreements / receipts / identification documents / transaction details]. I am willing to provide originals or further information as lawfully required.

Prayer

In these circumstances, I respectfully request that the information furnished in this complaint be recorded and that appropriate action be taken in accordance with Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and other applicable law, including registration of an FIR where the information discloses commission of a cognizable offence. I also request acknowledgment of this complaint and a copy of the information recorded, as provided by law.

Yours faithfully,

__________________________
Name: __________________
Address: __________________
Mobile: __________________
Email: __________________

Enclosures: List of documents / transaction statement / bank records / communications / other supporting material.

If the police station refuses to record the information

Section 173(4) BNSS provides that a person aggrieved by a refusal of the officer in charge of a police station to record the information may send the substance of that information, in writing and by post, to the Superintendent of Police concerned. If the statutory conditions are met, the Superintendent of Police may investigate the case or direct investigation by a subordinate police officer. The provision further contemplates an application to the Magistrate if required.

Official legal resources

Frequently Asked Questions

Is Section 154 CrPC still the current section for filing information about a cognizable offence?

For the current BNSS framework in force from 1 July 2024, Section 173 BNSS is the corresponding provision dealing with information in cognizable cases. Older occurrences may require separate consideration under the former law and savings provisions.

Can information be given to a police station even if the offence occurred elsewhere?

Section 173(1) BNSS expressly refers to information relating to a cognizable offence irrespective of the area where the offence was committed.

Can a complaint be sent electronically?

Yes. Section 173(1) BNSS permits information by electronic communication. Where given electronically, the provision requires it to be signed within three days by the person giving it.

Does every failed transaction amount to cheating?

No. Whether cheating or another offence is disclosed depends on the facts and the required legal ingredients. A complaint should set out the actual representations, intention, entrustment, transactions and resulting loss rather than rely only on statutory labels.

General information only: A police complaint should reflect the actual facts and applicable law. Section numbers, jurisdiction and remedies can depend on the date and circumstances of the alleged offence.