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Complaints and FIRs

Complaint

  • A complaint is simply an allegation made against someone who infringes or, omits any law for s/he is bound to follow, and relief is seek against the offender by means of penalty or sentence. But in legal purview it does not work as it seems in ordinary course of life. Hence, we have to explain it in legal terms.
  • In criminal law, a complaint is defined under Section 2(d) of the CrPC, which is replaced by section 2 (1) (h) of BNSS, 2023
  • Definition: Any allegation made orally or in writing to a magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offense, but does not include a police report.

Procedure of a Complaint 

  • Taking cognizance of offenses: The section 210 of BNSS empowers the Magistrate to proceed with an action pertaining to the complaint, in any form including electronic form also thus citing the beginning of judicial proceedings. It is similar to CrPC’s Section 190 thus maintaining the criminal process. A magistrate can take cognizance of any offense:
    • When a complaint of facts which constitutes such an offense has been made.
    • Any time on a Police Report for cognizable offenses.
    • On the information of any other person or from the magistrate’s own knowledge.
  • Examination of the Complainant: Once a complaint is received, under section 223 of BNSS, 2023 which replaced Section 200 of the CrPC, 1973, requires the magistrate to examine the complainant and any witnesses present (the role of such assessment is to prevent the court from entertaining trivial complaints or allegations while there is no seem prima facie case at all to warrant more investigations):
    • Examination on Oath: The magistrate then takes the complainant and any other witnesses on an oath in a bid to determine whether there is sufficient cause as to warrant the case.
    • Written Record: The magistrate then reduces the examination of the complainant and witnesses to writing. This record made a part of a judicial record of a case.
    • Exemption from Examination: In certain cases, when a complaint is made by a public servant or if the matter has already been investigated, the magistrate may exempt the examination of complaint.
  • Inquiry and Investigation: In accordance with the provisions of section 225 of the criminal procedure code (this section is similar to Section 202,Cr.P.C wherein the cases can move ahead only when there is something on merit against the accused), the magistrate can adjourn with a view to issue process to the accused in other words summons or warrant in order to conduct further inquiry. The magistrate may:
    • Inquire into the Case Themselves: The magistrate can conduct a preliminary inquiry in order to determine whether there is a basis to go forward.
    • Direct an Investigation by a Police Officer: This means that a magistrate may order a police officer or any other person to look into the circumstances stated in the complaint. This kind of inquiry is more helpful whenever the facts are not very apparent or when the magistrate requires further information to act.
    • Restrict Inquiry to Non-Cognizable Offenses: If the complaint is filed for non-cognizable offense, then the Magistrate can refer the complainant to approach the police for preliminary inquiry or investigation.
  • Dismissal of complaint: The procedure under section 226 states that the magistrate possesses the prerogative to dismiss the complaint at the preliminary stage if there are insufficient basis to go forward. The magistrate must write the grounds for dismissing the complaint. This is to increase transparency and accountability of the magistrate. This provision is synonymous to Section 203 of the CrPC and it serves the purpose of preventing the Police from entertaining frivolous or baseless complaints. This dismissal can happen after:
    • Considering the Statements: The magistrate assesses all statements made by the complainant, and any witnesses questioned under section 223.
    • Considering the Result of Inquiry: If the complaint was made under Section 225, then the magistrate shall look at the report made by the inquiry before deciding on the complaint.
  • The Issuance of Process: If the magistrate is satisfied with the material against the accused which warrants for proceeding and hearing the case, he shall issue a summons or warrant under Section 227. The issuance of process is important as it involves the magistrate to have found some basis for the commission of the offense and the summons and warrants may be issued through electronic support. This provision is in essence the same as Section 204 of the CrPC.
    • Summons for Minor Offenses: For those charges which do not exceed two years imprisonment the magistrate may simply issue a summons to the accused person to appear in court.
    • Warrant for Serious Offenses: Where the case is grave (where imprisonment of two years and above may be imposed) the magistrate may order a warrant of arrest so that the accused can be brought to trial.

First Information Report/FIR

  • In criminal law an FIR or the ‘First Information Report’ is an important document which marks the beginning of the criminal justice system. It is a document in writing drawn by the police once they have received information of the commission of a cognizable offense.
  • FIR therefore forms an important canon of the criminal procedure, as it stands as the foundation for investigations that are conducted. The FIR is primarily meant for bringing the alleged criminal act to the notice of the police, the magistrate and the judicial system and filing a complaint.

What does FIR stands for?

  • First information report is known as FIR and it is a document in writing which is prepared by the police when they come across information relating to a cognizable offence. 
  • The FIR works as a report against the crime thus documenting the incident and letting the police start their investigation process. 

The Role of FIR in Criminal Law

  • Initiation of Criminal Proceedings: The FIR is the first written report of a police officer that begins the investigation of a crime. FIR is a formal document and the police cannot begin an investigation into a cognizable offense without it. The FIR enables the police to arrest suspects, collect evidence and question the accused persons.
  • Preservation of Evidence: This is due to the fact that FIR is the first document that captures all the details of a case and therefore acts as source of evidence. This is particularly useful because the FIR is quite early and the police are in a position to apprehend the the culprit before the evidence is either destroyed or tampered with.
  • Legal Ground Which Leads to Investigation and Trial: The FIR is the foundation of the whole procedure of investigation. The police takes it to conduct inquiries, Bay witnesses and collect evidence. After the investigation is over, the police present a Charge Sheet in the court according to the results and the cases or charges are framed under those allegations which initially began with the FIR.
  • Ensuring Transparency and Accountability: The FIR is a legal way struck which shows the world how and when the police was informed of a certain crime. It gives a clear and clear-cut way of how investigative work is conducted and makes sure the police can be answerable for their negligence in work or else be answerable for their actions.
  • Specific and General Protection of the Complainant’s Rights: An FIR helps in providing a legal protection to the complainant. Filing an FIR places the law enforcement in a legal statutory mandate to investigate the offense complained of. 

Procedure for Filing an FIR 

The procedure for filing an FIR is outlined in Section 154 of the CrPC replaced by section 173 of BNSS, 2023 and generally involves the following steps:

  • Who can File an FIR 
    • Victim of the Crime: The victim in the criminal case, the person who has become a victim of a certain crime.
    • Witness to the Crime: One can register an FIR, if the person is a witness of the crime committed or has any knowledge of the incidence.
    • Any Other Person: Person who is not directly involved can file an FIR so long he has knowledge of the offense that has been committed under the BNS, 2033. Nevertheless, some information may bring negative legal consequences to the informant, if it was received and spread for malicious or false information purposes.
  • Filing an FIR: In view of new criminal laws, citizens can file FIR both on-line as well as off-line. Here is how the process works:
    • Physical FIR Filing
      • This time the informant goes to the police station. The details of the crime are described to the officer who in turn makes notes of it or even types it into a computer system.
      • The informant confirms the information and then signs the FIR and he or she also gets a copy of the FIR.
      • Due to this knowledge, the police officer starts with the investigation process as required and set forth.
    • Digital FIR Filing
      • The informant opens a website where he or she can report a case from a local police or central government.
      • They complete the necessary information such as the offense, the place, and other facts among others. Finally, the FIR is converted to a digital form and then the investigation process starts.
      • This online process is more advantageous for the victims who are from the rural areas or the victims who cannot move around to go and report in the police station.

Refusal to Register an FIR

If the police refuse to register an FIR, the complainant has legal remedies:

  • Approach the Superintendent of Police: Under Section 154(3) CrPC which has been replaced by section 173(4) of BNSS, the informant can approach the Superintendent of Police and in the event, the police are not willing to register the case, he may direct the police to register the FIR.
  • File a Complaint with the Magistrate: The informant can present a private complaint with magistrate under section 175(3) BNSS, 2023 which replaced section 156(3) CrPc to make an order for investigation.
  • Writ Petition: If the police fail to act, the complainant can approach the High Court through a writ petition under Article 226 of the Constitution of India to compel the police into action.

Key Elements of FIR

  • Details of the Informant: As the first vital piece of information, you have the name, address permission and phone contact of the person filing the FIR.
  • Date, Time, and Place of the Offense: The victim or the suspect, or both, their age, gender and occupation of the event, where it occurred, when it occurred and at what time it occurred.
  • Description of the Crime: All possible information, for instance; the chronology of events in the incident.
  • Identity of the Accused (if known): The identity that relates to the commission of the crime such as the name or description of the offender.
  • Witnesses (if any): Any name and contact of any form of witness to the crime that was committed.
  • Offenses Alleged: The details of the individual acts that has been committed by the accused for which he has been charged, whether it is a theft crime, an assault crime, an embezzlement crime or fraud crime.
  • Signature of the Informant: Latest FIR has to be signed after the person going through the content of the FIR is done

Difference between an FIR and a Complaint  

  • An FIR is a written document prepared by the police where they enter information received on the commission of a cognizable offense. A complaint is a formal allegation made to a magistrate regarding the commission of an offense, which can be either cognizable or non-cognizable.
  • FIR is enforceable with the provision of Section 173 of Bhartiya Nagrik Suraksha Sanhita,2023. A complaint is made of under Section2 (1) (h) of BBSS, 2023.
  • FIR is reported to the police station, which handles such an incident that occurred at the particular region of the country. A complaint is filed directly with a magistrate. In certain cases, the magistrate may refer the matter to the police for investigation.
  • FIR is filed to report the commission of a cognizable offense to the police when the latter can investigate the offense without asking for permission from a magistrate. A complaint is filed to present an offense which may be cognizable or non-cognizable to a magistrate for further legal process or for inquiry.
  • In FIR, anyone who has information of the commission of a cognizable offense has the power to file an FIR. These are the victim, those who witnessed it, or anyone that comes to know of the crime. In complaint filing can be done by any person – the victim or a third person for that matter claiming to have been injured. It is not necessary that the complainant himself or herself is witness of the crime committed by the accused.

How Can We Help You?

  • Legal Advice and Assessment: Our advocates provide critical legal advice on FIRs and Complaints. They see if the facts of the case fall within a cognizable or a non-cognizable offense and advise clients on the best course of action.
  • Drafting Complaints and FIRs: We help in preparing constructive and concise FIRs or complaints, so that all requisite facts and legal provisions are described properly. A proper drafting of FIR/ complaint minimizes chances of delay or dismissal.
  • Clarifying Legal Terms: This is quite common since legal professionals always take time to explain various legal terminologies and situations to the client so as to fully understand all the aspects regarding filing of a formal FIR/complaint.
  • Assistance with Online FIRs: Where FIRs exist in the online form (as in some Indian states), we help our client fill the online FIR form correctly while entering all details.
  • Handling Refusal to File FIR: It is again the role of the advocate to help the clients to approach the senior police officers such as the Superintendent of Police as provide under Section 173(4) or directly to the magistrate under section 175(3)
  • Filing Complaints with the Magistrate: In regard to non-cognizable offenses or where the police do not act, advocates enable the client to present a complaint to the magistrate under section 2(1) (h) of the Sanhita. They write and file the complaint and appear in hearings on the behalf of the clients.
  • Representation in Court: Once a complaint or FIR is filed the advocates defend the client in court whether as the complainant or the accused. Some of them advocate for or against the rationale of the complaint/FIR so that the legal procedures are properly upheld.
  • Monitoring the Investigation: Advocates have an important task of on FIR and carefully tracking the investigation conducted by the police. They make sure that the investigation is done accurately, and on the right time as well as making sure that all the evidence is legal.
  • Advising on Remedies: There is counsel on what legal options are available whether the investigation is not being done in the right way. For instance, they can move High Court through a writ petition under Article 226 of the Constitution of India praying to the police for fair and speedy investigation.
  • Negotiation and Mediation: Often, where both the parties wish to avoid litigation and long trials, then we play the role of negotiating or advising the parties to seek mediation.
  • Protecting Client’s Rights: During FIR or complaint we try to safeguard our client rights and prevent the client from being harassed, arrested or investigated inappropriately.
  • Guidance on False FIR/Complaints: In case the FIR or complaint is filed with mala fide intention against a client then advocates assist in filing counter report or move the court for quashing of FIR under section 528 of BNSS, 2023.

Conclusion

We ensure that proper representation is made in court with a strive to ensure our clients’ protection throughout the legal procedure. In areas which we are conversant with, we incorporate appropriate measures such as negotiation or mediation to ensure we get a positive result within a short span. We closely monitor the cases; provide legal advice; and seek all legal redress to ensure that justice is served. As a concept, our mission is to provide our clients with a full range of legal services to guarantee that our client’s rights are duly observed in accordance with Indian legal system. To know more, contact us.

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