How to file a Criminal Complaint in India | Step by Step Procedure | FIR
Keywords: criminal complaint, cognizable offence, non-cognizable offence, FIR
Author – Riya Garg
Reporting a crime is the first step of any criminal proceedings. However, many crimes that actually occur in the society never make the headlines since they are never reported. For instance, a large number of crimes against women go unreported every year. While there may be many reasons for the same, one of the biggest contributing factors is the lack of awareness. Regarding the correct procedure to file a criminal complaint. Thus, it is very important that one knows the correct procedure of reporting a crime.
The process of filing a criminal complaint is not a difficult one to understand. Also, if understood correctly, it comes a long way in improving the criminal justice system of the country. This article discusses the process of filing a criminal complaint in India. It is also inclusive of the steps an applicant can/should take when filing a complaint.
What is a Criminal Complaint?
It is a complaint that incorporates those facts and circumstances that are part of the criminal case. The Indian Penal Code, 1860 (hereinafter referred as “IPC”) is the substantive penal law of India. Which defines all the offences and provides their punishments.
Procedure for filing a criminal complaint-
The procedure for filing a complaint and the subsequent trial and other aspects of criminal law in relation to investigation, bail, etc. are incorporated into the Code of Criminal Procedure, 1973 (CrPC).
Firstly, it is important to understand that a criminal offence can be of two types –cognizable offence or non-cognizable offence. An offence in which a police officer may arrest an accused without having a warrant is referred to as a cognizable offence. An offence in which a police officer has no authority to arrest without a warrant is referred to as a non-cognizable offence. The First Schedule of the CrPC provides a list of offences and classifies each offence as either of cognizable or a non-cognizable nature.
It must be noted that the procedure for reporting a cognizable offence is different to that of non-cognizable offence and is discussed in the next section.
Reporting an offence of a cognizable nature
1. First Information Report (FIR) –
Whenever a crime is committed, the victim or any person with knowledge of the crime can go to the police station to record the statement. In case the offence is of a cognizable nature; it is the duty of the officer in charge of the said police station to reduce the information. It should be written in a manner determined by the State Government.
Additionally, it is the responsibility of the officer to read over the contents of the said writing to the Complainant and take his/her signature. The said writing taken down by the police officer in the prescribed format is called a First Information Report (FIR).
It falls under Section 154 of the CrPC. The duty of the police is to listen to victim and refer him/her to the District Magistrate for further action. There are no charges for filing an FIR, it is an important document that puts the criminal justice system in place. It is important to note that in case the Complainant is a woman victim of an offence such as acid attack, sexual offences, etc., then only a woman officer can record her statement.
What can you do if your FIR is not registered? –
In many cases, it has been noted that the police do not want to take any case record. It is illegal to not register an FIR. The remedies available are:
- You can meet higher officers like Deputy Inspector General of Police & Inspector General of Police and inform them of your complaint.
- You may submit your complaint in writing to the Superintendent of Police concerned under Section 154(3) of the CrPC. If he/she is satisfied with your complaint, he/she will either investigate the case himself or order an investigation.
- You can lodge a private complaint with a Magistrate under Section 200 of the CrPC
- You can also lodge a complaint with the State Human Rights Commission or the National Human Rights Commission. This is done if the police does nothing to enforce the law or act in a biased and corrupt manner.
2. Jurisdiction of police station –
Sometimes the officers do not take the information because the offence has not been committed within the jurisdiction of the police station. On plain reading of the provisions and as held by the High Court, a police officer is duty bound to register the case on the basis of information disclosing a cognizable offence. If at the time of registration of FIR, it becomes clear that the crime had been committed outside the area of jurisdiction of the police station, then the police officer must file a ‘Zero’ FIR. He/she should ensure that the FIR is transferred to the relevant police station later. The refusal of the police to record sensitive information may lead to penalties under the Indian Penal Code for such officers.
What is a zero FIR and when does it apply?
An FIR that can be filed at any police station regardless of the area of jurisdiction is known as Zero FIR. It is eventually transferred to another police station with the authority to conclude the investigation. The purpose of filing a Zero FIR is to obtain evidence in cases involving sexual assault, murder, road rage etc. These are situations where immediate investigation is required. Also, time cannot be wasted in reaching the police station under whose jurisdiction the crime falls because evidence is capable of being manipulated or corrupted. The main idea of a Zero FIR is to start the investigation or to encourage the police to take their first step.
3. Investigation
On receipt of information of a cognizable offence the police have the power to investigate the matter without the Magistrate’s order. If the investigation is not being carried out in a biased manner then appropriate application can be made to the relevant Magistrate. The police conduct an investigation, which may also include arrests. Once the investigation is complete the police will record all their findings in a charge sheet. If it is deemed that there is enough evidence on the charge sheet the case goes to court.
However, after their investigations if the police conclude that there is insufficient evidence/proof that a crime has been committed. They can close the case after justifying their reasons in court. If the police decides to close the case, it is their responsibility to inform the person who filed the FIR of their decision.
Reporting an offence of a non-cognizable nature
If the disclosed information reveals the commission of a non-cognizable offence. The concerned police officer will file an NCR (Non-Cognizable Report) under Section 155 of the CrPC. The concerned police officer then forwards the NCR to the Magistrate and has no jurisdiction to investigate such a case without the Magistrate’s order.
- In the case of information on an anonymous matter, the officer in charge of the police station within the limits of which said offence; has been committed will incorporate the contents of the said information in a book. This is done according to the tenets of the State Government. The said Complainant is then forwarded to the Magistrate.
- It is important to note that the police does not have the power to investigate or take action in relation to a non- cognizable offence. Without such order of the relevant Magistrate, police cannot take any action. Pursuant to the order of the Magistrate directing investigation, the officer shall have the same powers of investigation as he has in case of a cognizable offence. However, he will not have the power to arrest the accused without warrant.
- If the police does not file the said details of non- cognizable offence with the Magistrate seeking his permission or an investigation order. The Complainant may send follow up letters to the specified police station where the information was provided. In addition, the Complainant may also file a private complaint before the concerned Magistrate.
Filing a complaint before the Magistrate
The complainant may also go directly to the relevant Magistrate who has jurisdiction over the alleged case. An aggrieved person or person with knowledge of the commission of a particular crime can lodge a complaint with a competent Magistrate. This is similar to the provisions mentioned under Section 200 in CrPC, 1973.
- If the complaint is not in written form –
After receiving the complaint, the Magistrate decides on the cognizance of the offence. He then examines, by oath, the complainant and the witness, if any. The complaint is then reduced to a written record. The plaintiff and the witnesses must sign the same before the Magistrate.
- If the complaint is in written form –
The Magistrate must examine the complainant and the witness unless –
- The complainant is a designated public servant in discharge of his official duties (in case of NDPS Act, PMLA, RBI Act etc).
- If the Magistrate forwards the case to another Magistrate for any trial or inquiry under Section 192.
If the Magistrate is of the opinion that a crime has been committed, he may issue proceedings against the accused. In common parlance this is a notice directing the accused to remain in the presence of the Magistrate. In some cases, the Magistrate may direct further investigation into the matter before the process is issued against the Accused.
Role of the Complainant after registering offence
Once the complaint has been lodged, the officer of the relevant police station will conduct an investigation. If an offence is made out, a charge sheet is filed in the said case. During the investigation, the police record the statements of witnesses and collect relevant evidences. The role of the victim is to visit the police station and give his/her statement to the police. In addition, he/she may also suggest names of other witnesses who may have important information about the case.
At the end of the investigation the police officers may file a C-summary report before the Magistrate. Here, they confirm that the offence is not made out or the dispute between the parties is civil in nature. When an offence is made out the police officers may file a charge sheet before the Magistrate and the trial will continue. At the trial stage the complainant will be summoned by the Court to record his or her testimony.
THIS WRITE-UP IS EDITED BY: SOMPRIKTA BANERJEE
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