legal talks
vivek nandwana
(Querist) 06 October 2010
This query is : Resolved
what is complaint in criminal case ?
who can file it?
Devajyoti Barman
(Expert) 06 October 2010
Please go through any standard text book of IPC.
Kiran Kumar
(Expert) 07 October 2010
i ve not been able to understand Why such nonsense queries are being posted?
dear Vivek better do LL.B
you will get a comprehensive knowledge of every thing.
aman kumar
(Expert) 07 October 2010
ingredients of f.i.r. mainly its a statement of a person who claim the beach of law against him/her . it should be describe all facts , incidence in understandable manner . clear to all , including court .police advocates
Parthasarathi Loganathan
(Expert) 07 October 2010
Let us maintain the desired magnanimity that is required for this experts section without making any scathing comments on the querists. This would upset the spirit of querists who, irrespective of the fact that whether he is blessed with knowledge of law or not it is our bounden duty to share what little we know as no one can claim that he/she is an expert in law. And to learn a single topic it is not prudent on our part to advise the author to take a law degree course.
To answer the querist requirement, I share as under:
First Information Report or FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence.
It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report.
It is generally a complaint lodged with the police by the victim of a cognizable offense or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. A telephone call can also be treated as the basis for an FIR.
An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police takes up investigation of the case.
Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer who comes to know about a cognizable offense can file an FIR himself/herself.
As described in law the basic ingredients of FIR are,
(a) When information about the commission of a cognizable offence is given orally, the police must write it down.
(b) The person giving information or making a complaint has a right to demand that the information recorded by the police be read to him/her.
(c) Once the information has been recorded by the police, it must be signed by the person giving the information.
Hope even our experts can rehash or recollect their IPC classes during their studenthood days at the Law College.
s.subramanian
(Expert) 07 October 2010
Well done Mr.Loganathan. I appreciate your reply very much.
Devajyoti Barman
(Expert) 07 October 2010
But I have experience many elementary questions put by some students wantonly.
WHATSAPP 91-8075113965
(Expert) 10 October 2010
i agree with mr.loganathan.
we should try to answer the querries , so long as they are not so trifles.
my idea of FIR is as under :
F.I.R. is the abbreviated form of First Information Report. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. On the basis of the F.I.R. the police commences its investigation.
WHO CAN FILE AN F.I.R.
Any person can file an F.I.R. He need not be the aggrieved person. It may be merely hearsay and need not be by the person who has had firsthand knowledge of the facts.
WHERE TO FILE AN F.I.R.
An F.I.R. can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred. It must be made to the officer-in-charge of the police station and if he is not available the Assistant Sub Inspector is competent to enter upon the investigation
HOW TO FILE AN F.I.R.
When a wrong has been committed and the aggrieved person or any other person wants to file a F.I.R. it shall be filed in the following manner.
1. Go to the police station and meet the officer-in-charge.
2. Step by step in an orderly sequence narrate to the officer every information relating to the commission of the offence.
3. The officer shall reduce the information given in writing.
4. The information given shall be signed by the person giving it.
5. The information given shall be entered in a book to be kept by the officer.
COPY OF THE INFORMATION AS RECORDED SHALL BE GIVEN FREE OF COST TO THE INFORMANT.
WHERE AN OFFICER-IN-CHARGE REFUSES TO RECORD THE INFORMATION
If the officer in charge refuses to record the information, the information may be sent in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him.
INVESTIGATION
Once the F.I.R. has been registered the investigation in the case shall begin.
