Define 'Complaint' under Criminal Procedure Code, 1973.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2020
Define 'Complaint' under Criminal Procedure Code, 1973.
Answer & Explanation:
"Complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Code of Criminal Procedure, 1973 that some person, whether known or unknown, has committed an offence, but it does not include a police report. [Section 2(d)] However, a report made by the police officer in a case which discloses after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint, and the police officer making the report as a complainant. In general a complaint about an offence can be filed by any person except in cases of offences relating to marriage, defamation and offences mentioned under Sections 195 and 197. It is to be noted that a complaint in a criminal case is what a plaint is in a civil case.
Topics: Criminal Procedure Code, 1973
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