Criminal Complaint

The term Criminal Complaint refers to the Complaint which is criminal in nature or Penal in
nature. The criminal proceedings are those proceedings, wherein in more serious offences, the
State is involved.
The Code of Criminal Procedure, 1973, is a comprehensive and exhaustive procedural law for
conducting a criminal trial in India and the Indian Penal Code, 1860 is the primary penal law of
India, which is applicable to all offences, except as may be provided under any other law in
India.

The criminal investigation process and the prosecution mechanism in India can be commenced in
any of the following manner:

A) WHEN COMPLAINT IS LODGED BEFORE THE POLICE:

Any Police officer, even without the orders of a Magistrate, can investigate a cognizable offence,
on its own knowledge of the commission of a cognizable offence or upon receiving a complaint.

Procedure:

 When a complaint relates to a non-cognizable offence, i.e. where the police cannot arrest
a person without a warrant, the police does not register the FIR(first information report) and ask
the informant to approach the Court having jurisdiction over the area where the offence took
place.
 FIR is a written document, prepared by the police when they receive information about
the commission of a cognizable offence. FIRs can be registered by a victim, a witness or
someone else with knowledge of the crime. Information about the commission of a cognizable
offence can be given to the police either in writing or orally.
 If the complaint relates to the commission of a cognizable offence, then the police
register FIR under Section 154 of the Criminal Procedure Code (Cr.P.C.).

B) WHEN CASE IS INSTITUTED BY PRIVATE COMPLAINT:

Procedure:

 After filing of the complaint before the Competent Court, the Court examines the
complainant and its witnesses on the same day or any other day to ascertain whether any offence
is made out against the accused person.
 After examination of the complainant the Magistrate may order an enquiry for the matter
and submit a report for the same.
 After examination of the complaint and the report the Court may come to the conclusion.
If the Court does not find any sufficient material through which he can convict the accused then
the Court will dismiss the complaint and record its reason for so.