How to File a Complaint with the Lokpal Against a Public Servant in India

Kaustav Chowdhury
5 days ago
4 min read

The Lokpal, established under the Lokpal and Lokayuktas Act, 2013, is India's apex anti-corruption ombudsman with jurisdiction over public servants including the Prime Minister (with safeguards), Union Ministers, Members of Parliament, and Group A, B, C, and D officers of the Central Government. Filing a complaint with the Lokpal is a structured process governed by the Lokpal (Complaint) Rules, 2020, and can now be initiated online through the official portal at lokpalonline.gov.in. This guide walks through the eligibility criteria, step-by-step filing process, documentation requirements, and expected timelines. For related guidance on approaching other grievance redressal bodies, see our article on how to file a PIL in India.

Who Can File and Against Whom

Any person can file a complaint with the Lokpal. There is no restriction based on citizenship, residence, or whether the complainant was personally affected by the alleged corruption. The complaint must relate to an offence punishable under the Prevention of Corruption Act, 1988, committed by a public servant falling within the Lokpal's jurisdiction. The Lokpal has jurisdiction over: the Prime Minister (with the proviso that certain matters relating to international relations, external and internal security, public order, and atomic energy are excluded under Section 14 of the Act); current and former Union Ministers; current and former Members of Parliament; Group A, B, C, and D officers and employees of the Central Government; and chairpersons, members, officers, and directors of any board, corporation, society, trust, or autonomous body established by an Act of Parliament or financed by the Central Government.

Step 1: Prepare the Complaint and Supporting Documents

Before filing, gather the following: a detailed written statement of the allegations, including specific acts of corruption, dates, amounts involved, and the identity of the public servant; supporting documents such as copies of communications, receipts, bank statements, RTI responses, or photographs that corroborate the allegations; and an affidavit in the prescribed format, sworn before a notary or magistrate, affirming that the statements in the complaint are true to the best of the complainant's knowledge. The affidavit requirement under the Lokpal (Complaint) Rules, 2020 is mandatory. A complaint without an affidavit will not be entertained. The affidavit serves a dual purpose: it gives the complaint evidentiary weight and it deters frivolous or false complaints, since making a false statement in an affidavit is punishable as perjury.

Step 2: File Online Through lokpalonline.gov.in

The Lokpal's online portal allows electronic filing of complaints. Visit lokpalonline.gov.in and register using a valid email address and mobile number. After registration, log in and select "File New Complaint." Fill in the complaint form, which requires: the complainant's personal details (name, address, contact information); the respondent's details (name, designation, department, and posting of the public servant); a narrative of the allegations in chronological order; and the relief sought. Upload scanned copies of all supporting documents and the sworn affidavit. Submit the form and note the complaint number generated by the system. This number will be used for all future correspondence and tracking. The portal also provides login credentials for tracking the status of the complaint.

Step 3: Submit Hard Copies Within 15 Days

For electronic complaints, the Lokpal (Complaint) Rules, 2020 require the complainant to submit hard copies of the complaint and all supporting documents, including the original affidavit, within 15 days of electronic filing. The hard copies must be sent by registered post or delivered in person to the Secretary, Lokpal of India, 4th Floor, Block A, Janpath Bhawan, Janpath, New Delhi, 110001. Failure to submit hard copies within the 15-day window may result in the complaint being treated as incomplete.

Timelines and Limitation Period

Section 53 of the Lokpal and Lokayuktas Act, 2013 imposes a limitation period of seven years. The Lokpal shall not inquire into any complaint if the complaint is made after the expiry of seven years from the date on which the offence is alleged to have been committed. Once a complaint is accepted, the Lokpal may order a preliminary inquiry by its Investigation Wing or refer the matter directly for investigation. The preliminary inquiry must be completed within 60 days, extendable by a further 30 days with reasons recorded in writing. If the preliminary inquiry discloses a prima facie case, the Lokpal may order a full investigation. The investigation must be completed within six months, extendable by a further six months. For parallel recourse against corruption in financial matters, see our guide on how to file a complaint with the RBI Banking Ombudsman.

Protection Against False Complaints

The Act contains safeguards against misuse. Section 46 provides that if the Lokpal, after completing the inquiry, finds that the complaint was frivolous or vexatious, it may impose a fine on the complainant of up to Rs 1 lakh. Additionally, a person who files a false complaint with the intent to harass a public servant may face prosecution under Section 211 of the Bharatiya Nyaya Sanhita (BNS), 2023, which deals with false charges of criminal offence. The complainant's identity is kept confidential during the inquiry process, and Section 45 prohibits any person from disclosing the identity of the complainant during the pendency of the inquiry. For understanding related criminal law provisions, see our article on how to quash an FIR under Section 528 BNSS.

Key Takeaways

First, any person can file a Lokpal complaint against Central Government public servants for offences under the Prevention of Corruption Act, 1988, through the online portal at lokpalonline.gov.in. Second, a sworn affidavit is mandatory; complaints without an affidavit will not be entertained. Third, hard copies must be submitted within 15 days of electronic filing. Fourth, the limitation period under Section 53 is seven years from the date of the alleged offence. Fifth, the Lokpal can impose a fine of up to Rs 1 lakh for frivolous complaints, so complainants must ensure their allegations are substantiated with evidence. Sixth, the complainant's identity is protected during the inquiry process under Section 45 of the Act.