Blog: Criminal complaint
- Published on: Jun 15, 2022
Criminal complaint means serious registration of complaint that a person makes. Once the investigation gets completed the source takes the responsibility. An irresponsible rumour should not result in the registration of the complaint. When a complaint is getting registered it should be taken as a priority, no single mistake or rumour is acceptable. A copy of the First Information Report (FIR) towards that complaint is mandatory to be given to the complainant.
A cognizable offence is an offence under which a police officer may arrest the accused person without warrant, according to First Schedule of Cr.P.C (1973) or under any other law for the time being in force, whereas the non –cognizable offence is an offence in which a police officer has no authority to arrest without warrant.
Legally, a case may not be registered as there is always a doubt about its authenticity and it should satisfy the conditions of Section 154 Code of Criminal Procedure that ' if given orally to an officer in charge of a police station, shall be reduced to writing by himself or under his direction, and all such information, whether in writing or reduced to writing as aforesaid, shall be signed by the person who furnishes it.
A Police Complaint can be made against a cognizable offence and non-cognizable offences. A complaint is an allegation made to the Magistrate in writing or verbal form which mentioned about the offence committed by a person whether known or unknown and does not include a police report. Complainant can be made against heinous crime like robbery, accident, murder, etc. Thus, it is quite possible that a police complaint can also be converted into FIR, if the investigation proves to be a heinous crime. There is no deadline to file the criminal complaint.
Who can file a complaint?
A victim or the person who has knowledge about the commission of a crime can file a complaint.
If you have, experienced inappropriate behavior from a police officer or member of police staff while registering your complaint , then you may file the police complaint against police officials
If any person witnessed the incident when the crime or incident took place, that person can file complain anytime. But for a speedy action it is better if a person files the complaint with the police on an immediate basis. Under the Indian Penal Code, it is said that if more than 12 months have been passed to the incident, and if the complaint is made lately. Then the appropriate authority might avoid to register it. That person should give a valid reason for not filing the complaint. If the complaint is filed then the investigation may also take time.
In case of any further legal query you may contact our Advocates.
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