Explain the following: Complaint under Criminal Procedure Code and Requisite of Valid Complaint.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2019
Explain the following: Complaint under Criminal Procedure Code and Requisite of Valid Complaint.

Answer & Explanation:

Complaint under Criminal Procedure Code Complaint 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. The petition of complaint must be submitted to the Magistrate. If it is submitted to some other official it is not a complaint. In order to be a complaint the petition must make allegations about occurrence of some offence. The object of the petition of complaint submitted before the Magistrate must be with a view to his taking action. Mere information to a Magistrate is not a complaint. A petition to Civil Court complaining some obstruction is not complaint within the meaning of the Criminal Procedure Code. A petition submitted before the District Magistrate or Superintendent of Police is not a complaint. 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 into 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 of Criminal Procedure Code. Requisites of a Valid Complaint A complaint in a criminal case is what a plaint is in a civil case. The requisites of a complaint are: an oral or a written allegation; some person known or unknown has committed an offence; it must be made to a magistrate; and it must be made with the object that he should take action.

Topics: Criminal Procedure Code

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic