Brief - Complaint in Criminal Procedure Code 1973

 In the Criminal Procedure Code (CrPC), 1973, a complaint plays a crucial role in initiating criminal proceedings for certain offenses. Here's a breakdown of the key points about complaints:

Distinction from FIR:

• The CrPC differentiates between FIRs (First Information Reports) and complaints.
• FIRs are typically filed for cognizable offenses, where the police have the authority to arrest without a warrant. They are mandatory for the police to register upon receiving information about the offense.
• Complaints, on the other hand, are used for non-cognizable offenses. These are offenses where the police cannot arrest without a warrant or court order. Additionally, complaints can also be used for cognizable offenses if the informant chooses not to file an FIR or the police refuse to register one.

Who Can File a Complaint?

• A complaint can be filed by the victim of the offense, their legal representative, or any other person who has knowledge of the offense.

How is a Complaint Filed?

• A complaint can be submitted in writing to a magistrate (judicial officer) or a police officer.

Content of a Complaint:

• Similar to an FIR, a complaint should include details like:
  • The name and address of the complainant.
  • The date, time, and location of the incident.
  • A description of the offense committed.
  • Names and descriptions of suspects (if known).
  • Any other relevant information about the crime.
  • In some cases, supporting evidence (witnesses, documents) might be attached.

Procedure after Complaint:

• Upon receiving a complaint, the magistrate can either:
  • Dismiss the complaint if it appears frivolous or false.
  • Order an investigation into the alleged offense by the police.
  • Issue summons or a warrant for the appearance of the accused before the court.

Importance of Complaints:

• Complaints are essential for bringing non-cognizable offenses to the attention of the court and initiating legal proceedings.
• They can also be used as a backup option if the police are reluctant to register an FIR for a cognizable offense.

Additional Notes:

• The format for complaints may vary depending on the court's practice. It's advisable to consult with a lawyer for guidance on drafting a proper complaint.
• Filing a false complaint is a punishable offense.

In essence, complaints under the CrPC offer a mechanism for pursuing criminal charges for non-cognizable offenses and serve as an alternative option for cognizable offenses when FIR registration is not pursued.