A complaint is an allegation made to a Magistrate (or police in some cases) that an offence has been committed.
Legal Definition
Section 2(d) CrPC / Section 2(e) BNSS
Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action, that some person has committed an offence, but does not include a police report (charge-sheet).
Who can file?
Victim
Any private person
Sometimes authorised authority
Filed before whom?
Judicial Magistrate
Sometimes police (for non-cognizable offences)
Types of Complaint
Private Complaint (directly before Magistrate)
Complaint to Police (may or may not convert into FIR)
Relevant Sections
CrPC: Sections 200–203
BNSS: Sections 223–226
Example
A woman files a complaint before Magistrate alleging offence under Section 498A IPC against husband and in-laws.
Magistrate may:
Take cognizance
Order inquiry
Direct police to register FIR (u/s 156(3))
Key Points
✔ Filed before FIR / without FIR ✔ Magistrate applies judicial mind ✔ Evidence may be recorded first
2. FIR (First Information Report)
Definition
FIR is the first information given to police about commission of a cognizable offence.
Legal Provision
CrPC Section 154
BNSS Section 173
Who can lodge FIR?
Victim
Witness
Any person having information
Filed before whom?
Police Station (SHO)
Nature of FIR
Only for cognizable offences
Police can arrest & investigate without court permission
Example
A person goes to police station and reports robbery under Section 392 IPC.
➡ Police registers FIR and starts investigation.
Key Points
✔ Starting point of police investigation ✔ No evidence needed at FIR stage ✔ Delay, contradictions matter later
3. CHARGE-SHEET
Definition
A charge-sheet is the final police report submitted after completion of investigation.
Legal Provision
CrPC Section 173(2)
BNSS Section 193
Filed by whom?
Investigating Officer (Police)
Filed before whom?
Judicial Magistrate / Sessions Court
What does charge-sheet contain?
✔ FIR details ✔ List of accused ✔ List of witnesses ✔ Evidence collected ✔ Opinion of IO ✔ Sections applied
Example
After investigating FIR under Section 376 IPC, police files charge-sheet stating sufficient evidence exists.
➡ Court considers framing of charge.
Key Points
✔ Filed after investigation ✔ Basis for trial ✔ Can be challenged (discharge / quashing)
COMPARATIVE TABLE
Point
Complaint
FIR
Charge-Sheet
Filed by
Any person
Any informant
Police
Filed before
Magistrate
Police
Court
Stage
Initial
Investigation start
Post-investigation
Legal section
S.2(d), 200 CrPC
S.154 CrPC
S.173 CrPC
Police power
No
Yes
Already exercised
Evidence
Minimal
Not required
Compiled
FLOW OF CRIMINAL CASE (EASY TO REMEMBER)
Complaint → FIR → Investigation → Charge-Sheet → Trial
OR
Complaint → Magistrate → FIR u/s 156(3) → Charge-Sheet
PRACTICAL COURT DIFFERENCE
Complaint Case
Evidence starts early
Accused summoned later
Common in DV / NI Act / Defamation
FIR Case
Police driven
Arrest possible
Common in robbery / rape / assault
Charge-Sheet Stage
Defence can:
Seek discharge
Challenge evidence
Apply for quashing
ONE-LINE MEMORY TRICK (EXAM)
Complaint = allegation to Magistrate FIR = information to police Charge-sheet = police conclusion
Blood Alcohol Content (BAC) exceeds 30 mg per 100 ml of blood, OR
Is under the influence of drugs to such an extent that he cannot exercise proper control over the vehicle.
✔ Checked by:
Breath Analyzer
Blood test (government hospital)
2. PUNISHMENT FOR DRINK & DRIVE
First Offence
Imprisonment: up to 6 months, OR
Fine: up to ₹10,000, OR
Both
Second or Subsequent Offence (within 3 years)
Imprisonment: up to 2 years
Fine: up to ₹15,000
Driving licence cancellation / suspension
3. CAN POLICE ARREST WITHOUT WARRANT?
✔ Yes
Drink & drive is a cognizable offence under MV Act:
Police can stop vehicle
Conduct breath test
Arrest without warrant
Produce accused before Magistrate
4. VEHICLE SEIZURE – IS IT LEGAL?
YES, police can seize the vehicle if:
Driver is intoxicated
Vehicle is being driven dangerously
Driver is incapable of safe driving
No sober person is available to take charge
Legal Basis:
Section 202 MV Act – Power to arrest
Section 207 MV Act – Power to detain/seize vehicle
5. WHAT HAPPENS AFTER CAR IS SEIZED?
Step-by-Step Process
Vehicle seized by police
Challan prepared (online / manual)
Vehicle taken to police station / impound yard
Driver produced before Magistrate
Case registered under Section 185 MV Act
6. HOW TO GET THE SEIZED CAR RELEASED?
Method: Superdari Application
File application before the concerned Magistrate under:
Section 451 CrPC (or BNSS equivalent)
Documents Required:
RC (Registration Certificate)
Insurance
Driving Licence (if available)
ID Proof
Superdari bond
Court may:
Release vehicle on superdari
Impose conditions
Direct payment of fine
7. EXAMPLE CASE (PRACTICAL SCENARIO)
Example:
Mr. A was stopped at a Delhi police checkpoint at night. Breath analyzer showed BAC = 85 mg/100 ml.
Police Action:
Arrested Mr. A
Seized car
Issued challan under Section 185 MV Act
Court Action:
Magistrate imposed ₹10,000 fine
Licence suspended for 6 months
Car released on superdari after application
8. CAN LICENCE BE SUSPENDED?
✔ Yes Under Section 19 MV Act, Licensing Authority may:
Suspend or cancel driving licence
Especially in repeat offences
9. IMPORTANT COURT OBSERVATIONS
🔹 State of Maharashtra v. Mohd. Yakub
✔ Drunk driving is a serious offence affecting public safety
🔹 Alister Anthony Pareira v. State of Maharashtra (2012)
✔ Driving under influence shows criminal negligence
10. IMPORTANT POINTS TO REMEMBER
✔ Legal limit: 30 mg/100 ml ✔ Even sitting in driver seat with engine ON = offence ✔ Saying “I drank less” is no defence ✔ Vehicle seizure is temporary, not confiscation ✔ First offence often ends in fine, not jail
11. DEFENCES AVAILABLE (LIMITED)
Faulty breath analyzer
No proper calibration
Illegal detention
BAC below permissible limit
Violation of testing procedure
🔚 CONCLUSION
Drink & Drive is treated as a serious public safety offence. Police have wide powers, but vehicle seizure is not permanent and can be challenged through court.
Buys goods or hires/avails services for consideration
Includes online, e-commerce, teleshopping purchases
Does not include goods/services taken for resale or commercial purpose (except self-employment)
Purpose in Legal Notice: To establish that the complainant legally qualifies as a consumer under the Act.
2. Section 2(21) – “Deficiency”
Meaning: Any fault, imperfection, shortcoming or inadequacy in:
Quality
Nature
Manner of performance
Service promised by law or contract
Examples:
Delay in delivery
Poor service
Non-refund
Incomplete work
Purpose in Legal Notice: To prove deficiency in service by the opposite party.
3. Section 2(47) – “Unfair Trade Practice”
Meaning: Any unfair or deceptive practice, including:
False representation
Misleading advertisements
Charging excess price
Concealment of material facts
Purpose in Legal Notice: To show that the service provider indulged in fraudulent or misleading conduct.
Section 39 – Reliefs Available to Consumer
Consumer Commission may order: ✔ Removal of defects ✔ Replacement of goods ✔ Refund of amount paid ✔ Compensation for loss/mental agony ✔ Discontinuation of unfair trade practice ✔ Withdrawal of misleading advertisement ✔ Punitive damages (where applicable)
Purpose in Legal Notice: To formally demand reliefs and warn of legal action before filing a consumer complaint.
Why This Legal Notice Is Issued
To give the service provider one final opportunity to resolve the dispute
To comply with principles of natural justice
To avoid litigation if settlement is possible
Common Situations Where This Notice Is Used
Builder–buyer disputes
Online shopping fraud
Defective products
Insurance claim rejection
Medical negligence
Travel & hospitality disputes
Coaching institute fraud
Standard Closing Line (Sample)
If you fail to comply within 15 days, my client shall be constrained to initiate appropriate proceedings before the Consumer Commission at your sole risk, cost, and consequences.
CASE LAWS SUPPORTING CONSUMER LEGAL NOTICE
(CPA, 2019 – Definitions, Deficiency & Reliefs)
1. Who is a “Consumer” – Section 2(10)
Laxmi Engineering Works v. P.S.G. Industrial Institute
(1995) 3 SCC 583 – Supreme Court
✔ Held that:
A person purchasing goods/services for self-use or livelihood is a consumer
Commercial purpose must be interpreted narrowly
Use in Notice:
Establishes complainant’s status as a “consumer”.
Kavita Ahuja v. Shipra Estates Ltd.
I (2016) CPJ 31 (NC)
✔ Buyer of flat is a consumer ✔ Delay/defects amount to deficiency
Useful for: Builder-buyer disputes
2. Deficiency in Service – Section 2(21)
Lucknow Development Authority v. M.K. Gupta
(1994) 1 SCC 243 – Supreme Court
✔ Deficiency includes:
Delay
Negligence
Harassment
Mental agony
Landmark case – most cited in consumer notices
Haryana Urban Development Authority v. Raje Ram
(2008) 17 SCC 407
✔ Failure to deliver promised service = deficiency ✔ Compensation is justified
Ghaziabad Development Authority v. Balbir Singh
(2004) 5 SCC 65
✔ Consumer Commissions can grant:
Compensation
Interest
Mental agony damages
3. Unfair Trade Practice – Section 2(47)
Skypak Couriers Ltd. v. Tata Chemicals Ltd.
(2000) 5 SCC 294
✔ Misrepresentation & false assurances = unfair trade practice ✔ Disclaimers cannot override consumer rights
DLF Ltd. v. Mridul Estate Pvt. Ltd.
(2013) 14 SCC 22
✔ One-sided terms & misleading promises are unfair trade practices
Use when:
Hidden charges
False advertising
One-sided contracts
4. Reliefs by Consumer Commission – Section 39
Charan Singh v. Healing Touch Hospital
(2000) 7 SCC 668 – Supreme Court
✔ Compensation must:
Redress injury
Deter wrongdoing
Be realistic & just
Spring Meadows Hospital v. Harjol Ahluwalia
(1998) 4 SCC 39
✔ Compensation can be awarded for:
Mental agony
Harassment
Negligent service
5. Online / E-commerce Consumers Covered
Amazon Seller Services Pvt. Ltd. v. Amrita Nanda
2022 (NC)
✔ Online buyers are consumers ✔ Platform liability recognised
Very relevant for e-commerce disputes
HOW TO CITE IN LEGAL NOTICE (Sample Line)
“The acts of your client squarely fall within the definition of ‘deficiency in service’ under Section 2(21) of the Consumer Protection Act, 2019 as laid down by the Hon’ble Supreme Court in Lucknow Development Authority v. M.K. Gupta (1994) 1 SCC 243…”
Purpose / Meaning: Issued before filing a civil suit to:
Demand performance of obligation
Seek recovery of money/property
Give last opportunity to settle dispute
📌 Common in:
Property disputes
Recovery suits
Injunction matters
2. Legal Notice under Section 80 CPC (Notice to Government)
Applicable Act:
Section 80, Code of Civil Procedure, 1908
Purpose / Meaning: Mandatory notice before filing a suit against:
Central / State Government
Public officers for official acts
2 months’ notice is compulsory (except urgent cases).
3. Cheque Bounce Legal Notice
Applicable Act:
Section 138, Negotiable Instruments Act, 1881
Purpose / Meaning: Sent by payee to drawer when cheque is dishonoured:
Demands payment within 15 days
Mandatory before filing criminal complaint
Without notice → case not maintainable.
4. Consumer Legal Notice
Applicable Act:
Consumer Protection Act, 2019
Purpose / Meaning: Issued against:
Defective goods
Deficient services
Unfair trade practices
Not mandatory, but strongly recommended.
5. Legal Notice for Recovery of Money
Applicable Acts:
Indian Contract Act, 1872
CPC, 1908
Purpose / Meaning: To demand payment of:
Loan
Outstanding dues
Professional fees
Often leads to settlement without litigation.
6. Employment / Labour Legal Notice
Applicable Laws:
Industrial Disputes Act, 1947
Shops & Establishments Acts
Contract Act
Purpose / Meaning: Used by employer or employee for:
Illegal termination
Salary dues
Breach of employment contract
7. Legal Notice for Divorce / Matrimonial Disputes
Applicable Acts:
Hindu Marriage Act, 1955
Special Marriage Act, 1954
Muslim / Christian personal laws
Purpose / Meaning: Issued for:
Divorce intention
Maintenance
Restitution of conjugal rights
Acts as pre-litigation intimation.
8. Legal Notice for Property Matters
Applicable Acts:
Transfer of Property Act, 1882
CPC, 1908
Purpose / Meaning: Used for:
Eviction
Possession
Encroachment
Partition disputes
9. Tenant–Landlord Legal Notice
Applicable Acts:
Transfer of Property Act, 1882
Rent Control Acts (State-specific)
Purpose / Meaning: Issued for:
Termination of tenancy
Rent arrears
Eviction demand
10. Copyright / Trademark / IP Legal Notice
Applicable Acts:
Copyright Act, 1957
Trade Marks Act, 1999
Patents Act, 1970
Purpose / Meaning: Sent to stop:
Infringement
Unauthorized use
Passing off
Often called Cease & Desist Notice.
11. Defamation Legal Notice
Applicable Laws:
IPC / BNS (Criminal Defamation)
Law of Torts (Civil Defamation)
Purpose / Meaning: Issued for:
False allegations
Reputation damage
Media / social media content
12. Company / Corporate Legal Notice
Applicable Acts:
Companies Act, 2013
Insolvency & Bankruptcy Code (IBC), 2016
Purpose / Meaning: Used for:
Shareholder disputes
Oppression & mismanagement
Debt default (IBC demand notice)
13. Legal Notice under IBC (Demand Notice)
Applicable Act:
Insolvency & Bankruptcy Code, 2016
Purpose / Meaning: Issued by operational creditor to:
Demand unpaid operational debt
Trigger insolvency process
Mandatory before filing NCLT petition.
14. Legal Notice for Breach of Contract
Applicable Act:
Indian Contract Act, 1872
Purpose / Meaning: Sent for:
Non-performance
Delay
Violation of terms
Quick Summary Table
Type
Act
Purpose
Civil Notice
CPC
Dispute settlement
Sec. 80 CPC
CPC
Notice to Government
Cheque Bounce
NI Act
Mandatory payment demand
Consumer
CPA 2019
Deficiency in service
Divorce
HMA / SMA
Matrimonial disputes
Property
TPA
Possession / eviction
Employment
Labour laws
Service disputes
IP
IP Acts
Stop infringement
IBC
IBC 2016
Debt recovery
Conclusion (One Line)
Legal notice is a formal legal warning and opportunity to resolve disputes before litigation, governed by specific statutes depending on the nature of dispute.
PETITION UNDER SECTION 10 OF THE HINDU MARRIAGE ACT, 1955 FOR JUDICIAL SEPARATION
MOST RESPECTFULLY SHOWETH:
Marriage That the marriage between the petitioner and the respondent was solemnized on //_____ at __________ according to Hindu rites and ceremonies.
Status & Jurisdiction That both parties are Hindus governed by the Hindu Marriage Act, 1955 and this Hon’ble Court has jurisdiction as the parties last resided together at __________.
Cohabitation After marriage, the parties cohabited at __________ and one child was born out of the wedlock, namely __________ (if applicable).
Cruelty / Grounds That after marriage, the respondent subjected the petitioner to mental and/or physical cruelty, including:
Living Separately That due to the respondent’s conduct, the petitioner has been living separately since //_____.
No Collusion That this petition is not filed in collusion with the respondent.
Cause of Action That the cause of action arose on //_____ and continues till date.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Pass a decree of Judicial Separation under Section 10 of the Hindu Marriage Act, 1955; b) Grant any other relief(s) deemed fit in the interest of justice.
PETITIONER
Through Counsel Place: ______ Date: ______
DRAFT – DIVORCE PETITION (CONTESTED)
(Under Section 13, Hindu Marriage Act, 1955)
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT _______
HMA Petition No. ___ of 20__
IN THE MATTER OF:
Smt./Sh. ____________ … Petitioner
VERSUS
Smt./Sh. ____________ … Respondent
PETITION UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE
MOST RESPECTFULLY SHOWETH:
Marriage details (date/place)
Jurisdiction facts
Acts of cruelty/desertion/adultery (as applicable)
Separation period
No collusion
No previous petition pending
PRAYER
a) Pass a decree of Divorce dissolving the marriage; b) Grant permanent alimony / custody (if prayed); c) Any other relief deemed fit.
PETITIONER Through Counsel
DRAFT – MUTUAL CONSENT DIVORCE (13B – FIRST MOTION)
(Under Section 13B, Hindu Marriage Act, 1955)
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT _______
WhatsApp chats are admissible as electronic records under Indian law.
Statutory Basis
✔ Information Technology Act, 2000
Section 3: Definitions of electronic record
Section 65A: Electronic records are admissible
Section 65B: Admissibility of electronic records with certificate
➡ WhatsApp messages are covered because they are:
Stored electronically
Transmitted electronically
2. Requirement of Authentication
To use WhatsApp chats as evidence, you must prove: ✅ The message was sent by the person claimed ✅ The content was not tampered with ✅ Chain of custody is maintained
This is usually done through:
Sender/receiver testimony
Metadata (logs/time)
WhatsApp backup/export
Mobile phone forensic report
3. Mandatory Certificate under Section 65B
Any electronic record (like WhatsApp chat) must be accompanied by a 65B Certificate or equivalent compliance.
What the certificate must state: ✔ The record was produced from a computer/mobile ✔ The process of retrieval was regular ✔ The device/system was in proper working condition
Without a valid 65B certificate, courts routinely reject WhatsApp evidence.
Key Judgments on WhatsApp Evidence
Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473
Supreme Court clearly held:
Electronic records are admissible only if Section 65B is complied with
No electronic evidence can be read into record without Section 65B certificate
Even if the evidence is spoken to by witness, it must still satisfy 65B
Ratio:
No evidence of electronic record without 65B certificate.
Supreme Court refined the rule: ✔ If the original device is in physical custody of court/police, then a certified copy may be admitted without 65B in law ✔ Default rule still requires 65B where device is not available
Key Takeaway:
When the original machine is available for inspection, such evidence may be read without 65B.
Anil Dutt vs. The State of NCT Delhi (2021)
Delhi High Court held:
WhatsApp audio messages and chats are admissible
WhatsApp messages were read as part of evidence after proper certification
State vs. Navjot Sandhu (2005)
Though before WhatsApp era, the Supreme Court held:
Confessions to a police officer are inadmissible – This affects WhatsApp confession messages too if they are not voluntary admissions.
Triloki Nath vs. State of Delhi (1998)
Supreme Court set out the principles of admissibility:
Relevance
Authenticity
Non-suspicious conditions of reporting
These are applied to WhatsApp evidence too.
How Courts Treat WhatsApp Evidence (Practical Principles)
Absolutely necessary unless: ✔ original device is produced in court ✔ and entire chat log is examined by court expert
3. Screenshots Alone Are Not Enough
Screenshots are not primary evidence. They must have: ✔ export with timestamps, OR ✔ forensic extraction
4. Forwarded Messages
Forwarded messages are weak evidence unless: ✔ originator is identified ✔ circumstance proves its relevance
5. WhatsApp Voice Notes
Also admissible with same principles: ✔ metadata confirmation ✔ 65B compliance ✔ witness recognition
6. Screenshot vs Real Chat
Courts prefer: ✔ Exported chat with timestamp & phone info ✔ WhatsApp backup file ✔ Forensic report from mobile
Screenshot alone is weak but can form part of evidence with 65B & supporting proof.
Checklist for Using WhatsApp Evidence in Court
Requirement
Required?
WhatsApp message
Yes
65B Certificate
Yes
Authenticity proof
Yes
Metadata/Forensic evidence
Highly Recommended
Device inspection
If possible
Witness to confirm
Yes
Sample 65B Certificate Format (Quick Idea)
I, ____________________, do hereby certify that:
1. The electronic record (WhatsApp chat) was produced from the digital device ___________ belonging to __________.
2. The device was in proper working condition at all relevant times.
3. The record was extracted using regular process.
4. The attached electronic record is a true and correct copy of the original stored in the device memory.
Place:
Date:
Signature:
Important Case Law Summary (for citations)
Case
Court
Key Principle
Anvar P.V. v. P.K. Basheer (2014)
SC
65B compliance is mandatory for electronic evidence
Arjun Panditrao Khotkar (2020)
SC
Exception when original device is available for inspection
Anil Dutt v. State (2021)
Delhi HC
WhatsApp chats + audio admissible with proper certification
Triloki Nath v. State (1998)
SC
Core principles of relevance & authenticity
Practical Scenarios (Examples)
Example 1 – Civil Matter
WhatsApp chat between parties about settlement → ✔ Export chats + 65B → Admissible
Example 2 – Criminal Case
WhatsApp confession: “I did it” → ✔ If authenticated + not coerced + 65B → Admissible
✖ But if just screenshot shown → Weak
Example 3 – Family Matter
WhatsApp message about maintenance or threats → ✔ Section 65B + witness confirmation → Admissible
Conclusion
WhatsApp messages and voice notes are admissible legal evidence in Indian courts if:
Authenticated properly
Supported by 65B certificate
Original device is available or process is proven
Supreme Court has repeatedly emphasized 65B compliance as the primary condition.
