One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Yes, file the reply to counter complaint, and file it complete the first time, because anything you leave out is very hard to add later. State your own version in sequence, attach your complaint and the police report from it, and put the video and dash-cam footage on record with the certificate that electronic evidence needs. Ask for a proper format or file a properly typed reply rather than a handwritten note.
The incident itself was small. A two-wheeler rider lost his balance on 19 August 2025 and fell against the side of Karan Malhotra's car, about twenty feet from the gate of a police station in Vijay Nagar, Indore. Karan had stopped. He was not speeding. The rider picked himself up and started shouting.
The officers who walked out knew the rider. One of them called him by name. And then came the suggestion, made twice, that Karan should "settle it" and go home. The rider threatened Karan in front of those officers. Nothing was written down for close to three hours.
By evening, two records existed. One was a case registered at Karan's insistence after he refused to leave the station. The other was a counter-complaint that the same officers helped the rider draft, in which the rider claimed that no accident had taken place at all, and that Karan had chased his bike and abused him for no reason. Karan had recorded most of the episode on his phone. His dash cam had the rest.
Then it went quiet. He was called in early February. The Magistrate was not sitting that day. He did not follow up. Last month a summons arrived at his house, directing him to file a reply by 29 May,
and he called me to ask what a reply to a counter complaint is even supposed to contain.
He wanted to know if he should bother. He had a video. He had the dash cam. He had, in his view, the whole thing. What he did not have was anything on file.
Key facts, as they stand
- The date of the incident: 19 August 2025.
- Where: about twenty feet from the gate of a police station in Vijay Nagar, Indore.
- What happened: a two-wheeler rider lost balance and fell against the side of the car. The car had stopped. It was not speeding.
- Who was present: police officers who knew the rider, one of whom called him by name. A suggestion was made twice that the matter be "settled".
- The threat: the rider threatened the car's owner in front of those officers.
- The delay: nothing was reduced to writing for close to three hours.
- The two records: one case registered after the car's owner refused to leave the station; and a counter-complaint drafted with police assistance alleging that no accident occurred and that the car had chased the bike and the rider had been abused.
- The evidence: phone video covering most of the episode, and dash cam footage covering the rest.
- Where it stands now: a summons at the house, requiring a reply by 29 May.
This is one side of the story. The rider has his own version, and the officers who drafted the counter-complaint have theirs. Nothing below decides who is telling the truth. It only sets out what a reply in that second case has to do.
What a counter-complaint is, and why the reply matters so much
A counter-complaint is not a defence to your case and it does not cancel it. It is a separate case with a separate number, a separate complainant and a separate set of allegations against you. Both run side by side. You can win one and lose the other, which surprises people.
Your reply is the first formal statement of your version in that second case. Whatever you put in it becomes the base you argue from for the next several years. Whatever you leave out is very hard to add later, because by the time you want to add it, you are explaining a gap rather than stating a fact.
Where the reply goes depends on what the paper in your hand actually is. If it is a police notice asking you to appear during investigation, your reply is a written representation to the investigating officer, which goes on the case file. If it is a summons from a Magistrate on a private complaint, you are in court, and the reply is closer to a written objection — a chance to be heard before process is confirmed against you. On a private complaint, the complainant is examined first and the proposed accused usually gets a say before the Magistrate decides whether to proceed. In the BNSS that stage sits around Sections 223 to 227. Read the document before you decide anything.
How do I file a reply to a counter complaint?
In this order.
1. Get the copy of what you are answering
You cannot reply to a document you have not read. Ask the police station or the court registry for a copy of the counter-complaint and any statement recorded against you. If the summons came without a copy, apply for one on the first date itself. Nobody will hand it to you automatically.
2. Answer the allegations one by one, in sequence
Take the counter-complaint and list its allegations. Then answer each one, numbered the same way. A chronology first, in date order, then the clause-by-clause answers. If an allegation is false, say it is false and say what happened instead. Do not write a long emotional letter. Magistrates read dozens of these.
3. Attach your own record, not just your version
Attach your copy of your own complaint, the police report from the case registered at your instance, and any medical paper or repair bill you have. Each annexure gets a page number and a mention in the body. If you filed nothing at the time, say so plainly — the reply should not pretend otherwise.
4. Put the video and the dash cam on record properly
This is where most replies fail. Electronic evidence in India needs a certificate to be relied on, and the provision is Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 — the replacement for the old Section 65B of the Evidence Act. The certificate has to come from the person in lawful control of the device, it describes the device, and it carries the hash value of the file.
Practically, that means:
- Keep the original phone and the original dash cam memory card. Do not delete the files.
- Do not edit, trim, brighten or re-export the clip. A trimmed clip invites an argument you do not need.
- Take the hash value of each file before you copy it, and write the hash into the certificate.
- File the copy on a pen drive or a CD, along with the certificate, and say in the body of the reply that the original device is available for inspection.
- WhatsApp forwards and screenshots of a screen are much weaker. If that is all you have, say so and explain why, rather than filing them as though they were originals.
5. File it in a proper format
Typed, paginated, indexed, signed and dated, with a verification clause at the end and a list of annexures. A handwritten note handed across a counter is not a reply — it is a note, and it will be treated as one. If nobody gave you a format, ask the registry in writing for one, or file a properly typed reply with a covering letter and take a stamped receipt. Keep that receipt. It is your proof of the date.
6. File before the date
The date on the summons is not a suggestion and it is not extendable by habit. If you genuinely cannot file in time, apply for a copy or for time on that date, in writing, before the date passes. Silence is the worst option.
What not to do
- Do not sign a statement that somebody else has written for you.
- Do not leave out the parts of your own conduct you are not proud of. If you said something harsh to the rider, put it in. A reply with a hole in it is easier to attack than a reply with an awkward truth in it.
- Do not assume your case demolishes theirs. Two cases can both survive, and often do.
- Do not treat the "settle it" suggestion as a legal instruction. It was not one. Whether to settle is your call, and it should be taken after the reply is on record, not instead of it.
Frequently Asked Questions
Can the police force me to settle a matter instead of registering my complaint?
No. Registration of information about a cognizable offence is a duty under Section 173 BNSS, and information can now be given electronically as well. If a station refuses, the substance of the information can be sent in writing to the Superintendent of Police, and there is a judicial route after that. A suggestion to settle is not the same as a refusal, but if it turns into one, the remedies exist.
What if I miss the date of 29 May?
File anyway, with an application explaining the delay. Courts do allow it, though you start from a worse position and you will be asked why. Missing a date does not end the case, but a pattern of missing dates costs you credibility on everything else.
My phone video shows what happened. Is that enough on its own?
It is strong, and it is not self-proving. Without the certificate under Section 63 BSA, the other side can object to it, and the objection may be sustained. File it with the certificate the first time rather than producing it later and asking for permission.
Do I need an advocate for the reply, or can I file it myself?
You can file it yourself. Whether you should is a different question, and it depends on how complicated the allegations are. In a case with two competing versions, an officer who knows the complainant, and electronic evidence that has to be certified correctly, the reply is the document that decides how the next two years go. That is usually worth one careful draft.
Will I have to go to court again and again?
Yes. A police case and a private complaint both move in dates, and dates get adjourned. Expect the matter to run for a year or more, with several appearances. There is no version of this where one reply ends it.
Is there any chance there is nothing to argue?
There is always that chance. If the video shows something you have not told your lawyer, or if a version has been given already that cannot be walked back, the reply may have to be a damage-limitation document rather than an aggressive one. It is better to know that before you file than after.
If you are in this position now
Send me three things: a photograph or scan of the summons or notice you have received, its date, and a two-line note on what the other side is alleging in one sentence. Do not send the whole story yet, and do not send the video files until we have spoken — the way electronic evidence is handled from day one matters more than the content of it.
You can reach the chamber through /contact-us or book a slot at /book. Letters can go to Lawyers' Chamber, Chamber No. 86, Supreme Court of India, New Delhi — 110001, or by phone on +91 97295 06771. Email is usually faster: me@sudhirrao.com.
Bring the original device, not the copy, when you come.
This article is general information about Indian law and is not legal advice on your own situation. Every case turns on its own facts and on the document in front of you.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.