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Important tips on how to file a police complaint.
A police complaint can be filed by any aggrieved person reporting a criminal offense on which the police will take action in accordance with the law. Indian law contemplates that a police complaint can be filed orally as well but in practice, the police complaint is filed in writing. Nowadays, it can be filed through email, words app, or other electronic mediums. We have tried to explain in brief how to file a police complaint.
A police complaint is the first stage of initiation of any criminal proceedings. If the complaint is accepted, the police can lodge an FIR and commence the investigation in the matter and apprehend the accused person.
Now the landmark direction issued by the Supreme Court on mandatory registration of an FIR is contained in “Lalita Kumari vs Govt. Of U.P.& Ors on 12 November 2013, WRIT PETITION (CRIMINAL) NO. 68 OF 2008.”
All the important ingredients of the offense giving all particulars in detail is required to be incorporated so that the police can take action on the complaint in accordance with the law. Otherwise, the police may close the said complaint without taking any action on the same.
“Who, when, where, how should be described very specifically in a police complaint.”
Police complaint ultimately leads to the prosecution of the offender or the accused person. It is very important that the complaint gives complete details of all the offenses and the actions are required to be mentioned specifically in the police complaint. As far as possible all the details of the offense may be given specifically. The police convert the complaint into FIR after making an assessment of the matter at its level.
Section 2(d) in The Code Of Criminal Procedure, 1973 defines a complaint as under:
(d) ” complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offense, but does not include a police report.
Explanation.– A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offense shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
Going by this definition it is very important to know and understand as to how to file a police complaint as it should be in accordance with the law and meets all the requirements.
Read Also – Section 138 of Negotiable Instrument Act
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