DRAFTING OF A CRIMINAL COMPLAINT.

INTRODUCTION TO CRIMINAL PLEADINGS :

Under the Criminal Procedure Code,1973 ,there are no prescribed rules for criminal
pleadings , yet pleadings have its own importance under the criminal law. Various
applications are required to be filed in the courts by the accused as well as by the
prosecution/complainant in criminal cases as well. Moreover , there are certain provisions of
CRPC, under which applications and complaints are filed directly in the courts by the
litigants.

Example- application under SECTION- 125 for maintenance , bail application etc.

Thus, pleadings play a very important role in criminal matters also and the person who is
going to draft the same has to make sure that the complaint should speak for itself and no
further arguments should be required for the understanding of the same.

Therefore, ‘Criminal Pleadings’ is said to be a statement of facts as to commission of any act

or omission made punishable under IPC,1860 or any other Law in force.

FORMS AND PRINCIPLES OF CRIMINAL PLEADINGS :

A Criminal pleadings is not that technical as is Civil pleadings. It has already been mentioned
above that no particular form as such is prescribed and required by the Law for criminal
pleadings.

COMPLAINT

A complaint in a criminal case is what a plaint is in a civil case. It is one of the modes
whereby a magistrate can take cognizance of an offence.

The term ‘Complaint’ has been defined under Section 2(d) of Crpc which defines any
allegation made orally or in writing to a Magistrate, with a view to his taking action, that
some person, whether known or unknown, has committed an offence, but does not include a
Police Report.

Explanation to Section 2(d) of Crpc, says that Police report made by a Police officer in a case
which discloses after investigation, the commission of a non-cog case shall be deemed to be a
complaint and the police officer by whom such report is made shall be deemed to the
complaint.
ESSENTIAL INGREDIENTS

1. A complaint need not be in any particular prescribed form. An oral or written allegation is
sufficient to constitute a complaint. A telegram or a letter addressing to the Magistrate is
sufficient to make up a Complaint.
2. The complaint should contain facts which fulfil all the ingredients of the offence complined
of, some person, known or unknown, has committed an offence.
3. It is always addressed to a magistrate. Thus a report by Police or CBI to HC is not considered
as a Complaint.
4. The allegations must be made to the magistrate with a view to take action according to the
Crpc. This taking action is not an administrative action.
5. It is not necessary to name the accused or quote the particular section of the IPC or
providing the offence.
6. A prayer for action against the perpetrators for punishment must be done in the Complaint.

EXAMINATION OF COMPLAINT

Once the complaint is received by a magistrate, he shall examine on oath the complainant and the
witnesses , and the substance of such examination shall be reduced to writing and shall be signed
by the complainant and witnesses, and also by the magistrate.

If the magistrate is of the opinion that there is no sufficient ground for proceeding, he shall dismiss
the complaint.

MODEL DRAFT

Question – A assaulted B and snached his purse and mobile.

COMPLAINT – Assault and Theft

IN TH COURT OF JUDICIAL MAGISTRATE 1ST CLASS

CHANDIGARH

Criminal case no. - ____of 2017

A s/o X ,aged ____years , R/o ______ , CHANDIGARH

COMPLAINANT
B s/o Y,aged ____years , R/o _______, CHANDIGARH
ACCUSED

Criminal Complaint of offences under SEC. 351 (assault) and SEC.379 (theft) of IPC

SIR,

The complaint above named respectfully submits as under:

1. That the complainant is resident of ____ , Chandigarh

2. That the accused is a resident of ____ , Chandigarh
3. That the accused and his accomplice have assaulted and snached the complainants purse
and mobile while the complainant was heading home after office on 10-11-2017
4. In the meantime , the passerby gathered their, and tried to catch hold the accused but he
fled away.
5. Another passerby who recognised the accused gave the details about him.
6. That the complainant will rely on the evidences of the following witnesses and crave
permission to adduce further evidences if and when necessary.

PRAYER:

In view of the above complaint, the complainant prays that this Hon’able court may be pleased to
take appropriate action against the accused as he has committed the above mentioned offences.

-COMPLAINANT

COUNSEL FOR COMPLAINT :

Place –

Date –

LIST OF WITNESSES :

1. Mr. D
2. Mr. F
3. Mrs. Z