Distinguish between the following: 'Complaint' and 'plaint'.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2015
Distinguish between the following: 'Complaint' and 'plaint'.

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 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, and the police officer making the report as a complainant. A Complaint in a criminal case is what a Plaint is in a civil case. Order 6, R. 1 of Civil Procedure Code (C.P.C.) defines 'pleading'. It means either a plaint or a written statement. Plaint is the statement of claim, in writing and filed by the plaintiff, in which he sets out his cause of action with all necessary particulars.

Topics: Pleadings

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