Differentiate between complaint and first information report (FIR) under the Criminal Procedure Code, 1973.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2022
Differentiate between complaint and first information report (FIR) under the Criminal Procedure Code, 1973.
Answer & Explanation:
Complaint Defined under Section 2(d) of the Criminal Procedure Code 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 offence, but it does not include a police report. 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. First Information Report: Section 154 of The Criminal Procedure Code, 1973 deals with information in cognizable offence. Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. A copy of the information as recorded under Sub-section (1) shall be given forthwith, free of cost, to the informant. Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in Sub-section (1) may send the substance of such information, in writing by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
Topics: Criminal Procedure Code, 1973
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