Discuss the requisites of a valid complaint, citing relevant case laws.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2015
Discuss the requisites of a valid complaint, citing relevant case laws.

Answer & Explanation:

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 court, that some person whether known or unknown has committed an offence but it does not include a police report. However, a report made by a police officer in a case which discloses after investigation the commission of a non- cognizable offence shall be deemed to be a complaint. In general, a complaint into an offence can be filed by any person except in case of offences relating to marriage, defamation, mentioned under Sections 195 and 197. A complaint is a criminal case is what a plaint in a civil case. The requisite of a complaint are An oral or written allegation Some person known or unknown has committed the offence It must be made to a magistrate It must be made with the object that action should be taken There is no specific format for a complaint. A petition addressed to the Magistrate with an allegation that an offence has been committed and ending with a prayer that the complaint be suitably dealt with ( Mohd. Yousuf vs. Jahan AIR 2006 SC 705). It need not be presented in person.

Topics: Criminal Procedure Code

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