Adv. Sarthak P.

Shetty
B.Com, LLB, CA
Email ID- sarthakshetty.legal@gmail.com
Mob No. 8767279327

How to file a criminal complaint

The procedure for filing of a Complaint and the subsequent trial and other
aspects of criminal law in relation to investigation, bail, etc. are enshrined in
the Code of Criminal Procedure, 1973 (CrPC). In this note, I shall discuss the
procedure for filing of a Criminal Complaint and what steps may be taken by
Complainant pursuant to filing of a Complaint.

1. First of all it is important to understand that a criminal offence falls in

two categories viz. cognizable offence and non-cognizable offence. The
First Schedule of the CrPC provides a list of offences and classifies each
offence as either of cognizable or a non-cognizable nature.

2. A cognizable offence, is an offence in which a police officer may arrest

an Accused without a warrant.
A non-cognizable offence is an offence in which a police officer has no
authority to arrest without a warrant.

3. Filing a complaint of a cognizable offence

a) First Information Report (FIR)

Whenever an offence has been committed the aggrieved person or

any person having knowledge of commission of the offence may
approach the police station for recording the said information. In
case the offence is of a cognizable nature, it is the duty of the officer
in charge of the said police station to reduce the said information in
writing in the form prescribed by the State Government. Further,
the said officer is also duty bound to read over the contents of the
said writing to the Complainant and take the signature of the
Complainant. The said writing taken down by the police officer in
the prescribed format is called a First Information Report (FIR). A
copy of the said FIR has to be given to the Complainant forthwith
free of cost.

b) It is important to note that in case the Complainant is a woman who

has been subjected to an offence of acid attack, sexual offences, etc.
Adv. Sarthak P. Shetty
B.Com, LLB, CA
Email ID- sarthakshetty.legal@gmail.com
Mob No. 8767279327

only a woman officer can record her statement and further

protective measures have also been laid down.
c) Refusal to record information

On many occasions, it has been observed that the police officers are
reluctant to take any record of the offence and shirk their
responsibility. In such cases, the aggrieved person may send the
substance of the information to the Superintendent of Police (SP). If
the SP is satisfied that the information discloses commission of a
cognizable offence, then he may investigate the case himself of direct
a police officer subordinate to him to investigate the case.

d) Jurisdiction of police station

Another reason or an excuse for police officers to shirk their

responsibility and not take the information is that the offence has
not been committed within the jurisdiction of the police station.

On plain reading of the provisions and as held by the Apex Court, a

police officer is duty bound to register the case on the basis of
information disclosing a cognizable offence. If at the time of
registration of FIR, it becomes apparent that the crime was
committed outside the jurisdiction of the police station, then the
officer shall register a ‘Zero’ FIR and ensure that the FIR is
transferred to the concerned police station.

It is pertinent to note that refusal on the part of the police officers to

record information of a cognizable offence may attract penal action
under the Indian Penal Code against such officers.

e) Investigation

On receipt of information of a cognizable offence, the police has

powers to investigate the matter even without the order of the
Magistrate. In case the investigation is not being carried out
diligently or in a biased manner then appropriate application can be
made before the concerned Magistrate.
Adv. Sarthak P. Shetty
B.Com, LLB, CA
Email ID- sarthakshetty.legal@gmail.com
Mob No. 8767279327

4. Filing a complaint of a non-cognizable offence

a) In case of information in relation to a non-cognizable, the officer in

charge of a police station within the limits of which said offence has
been committed shall enter the contents of the said information in a
book as prescribed by the State Government and refer the said
Complainant to the Magistrate.

b) It is pertinent to note that the police officers do not have any

authority to investigate or take any action in relation to a non-
cognizable offence without such order of the relevant Magistrate.
Pursuant to the order of the Magistrate directing investigation, the
officer shall have the same powers of investigation as he has in case
of a cognizable offence. However, he shall not have the power to
arrest the Accused without warrant.

c) In a case where the officers do not file the said information of non-
cognizable offence with the Magistrate seeking his permission or
order to investigate, the Complainant may send follow up letters to
the said police station where the information was given. Further, the
Complainant may also file a private complaint before the concerned
Magistrate.

5. Filing a complaint before the Magistrate

a) A Complainant may also directly approach the appropriate

Magistrate who has jurisdiction over the said offence. The Magistrate
shall examine the Complainant and the witnesses present along
with the Complainant on oath. The said statements of the
Complainant and the witnesses are reduced in writing and their
signatures are taken on the same.

b) If the Magistrate is of the opinion that an offence is made out, he

may issue a process against the Accused. In common parlance this
is a notice directing the Accused to keep himself present before the
Magistrate.
Adv. Sarthak P. Shetty
B.Com, LLB, CA
Email ID- sarthakshetty.legal@gmail.com
Mob No. 8767279327

c) In some cases the Magistrate may direct further enquiry in the

matter before the process is issued against the Accused.

6. Role of the Complainant after registering offence

Once the Complaint has been filed the officers of the concerned police
station carry out the investigation and if an offence is made out a
chargesheet is filed in the said case. During the process of investigation,
the police officers record statements of relevant witnesses and collect
relevant documentary evidences. The role of the person aggrieved by the
offence is to visit the police station and given his statement to the police.
Further, he may also suggest names of other witnesses who may have
vital information in relation to the offence. At the conclusion of the
investigation the police officers may file a C-summary report before the
Magistrate when they form an opinion that the offence is not made out or
the dispute between the parties is civil in nature. When an offence is
made out the police officers may file a chargesheet before the Magistrate
and the trial will go on. At the stage of trial the Complainant shall be
summoned by the Court for recording his evidence.