Can a citizen(Complainant) contest his own criminal case

Sorry, It was for Adv Jatin Sapra  not Avinash.

Adv Jatin,

 

Thanks a lot for this logical explaination.

I am a witness and want to plead for prosecutrix in a matter of IPC 376. And a witness can be  a complainant in the case or vice-versa. So do I have suffiecient locus-standii in the case to plead.

 

Regards

Saurabh

In the beginning you have written that you are complainant in the case u/s376 but later on you are saying you are witness in the case.

As a complainant you are party in person even if you are witness since complainant is party in person. complainant and witness both can be one person. In this case you can contest your case upto supreme court. What the Adv Archana has said is theoretically right but practically party in person has superior rights over PP. It is true that cases are converted into state cases but state tries to protect the rights of petititioner. In state like UP both names are writtten in cases- state of UP and Mr X.

If you stand as witness only and complainant is somebody else then you can not contest the case without the permission of court even if you are not advocate. But if you become the complainant then there is no need to take permission of court.

All this I have written is out of experience in the court and my friend is contesting the case in which he was made accused falsely in complaint case.

sanjeev

Saurabh

In the beginning you have written that you are complainant in the case u/s376 but later on you are saying you are witness in the case.

As a complainant you are party in person even if you are witness since complainant is party in person. complainant and witness both can be one person. In this case you can contest your case upto supreme court. What the Adv Archana has said is theoretically right but practically party in person has superior rights over PP. It is true that cases are converted into state cases but state tries to protect the rights of petititioner. In state like UP both names are writtten in cases- state of UP and Mr X.

If you stand as witness only and complainant is somebody else then you can not contest the case without the permission of court even if you are not advocate. But if you become the complainant then there is no need to take permission of court.

All this I have written is out of experience in the court and my friend is contesting the case in which he was made accused falsely in complaint case.

sanjeev

All arguments and discussions made so far do not point out the section of law under which a person is allowed or barred from contesting his case. If the learned friends and seniors inform the forum members about the governing laws on this issue then we can study the rulings of various courts on the subject. May I request the participants to post the respctive section of law in support of their argument.

Well that would reallt be helpfull.

Sanjeeva,

I am not the victim in the case u/s 376 but can be complainant as a Victim neednot be compainnant herself. So I am a Complainant and as I was informed about the Crime, I am also a crucial witness.

Thats why I am telling that I am a complainant as well as witness but not the victim of the offence.There are cases where mother of Victim is the Compainant and a witness as well.

Thanks

Saurabh ji

There is no particular section under which petitioner is contesting his own case but as per IPC and CrPC  every opportunity should be given to accused to defend himself and to prosecution to prosecute. Out of this principle normally petitioner and accused can contest their case.

sanjeev

 

But the point raised is interesting. In the book "End of lawyers" Rusking points out how technology can change things. With the onset of technoloyg, it is not impossible, that party in persons may become more and more...after law is common sense, unlike in the past, today information can be made avialable in the internet, with filing of complaints, plaints online, things can change,

 

Can someone answer me these 2 question 1) In a state criminal case, can the complainant out a request with magistrates to hold arguments during prosecution 2) In a private complaint , can the complainant be the prosecution (iu.e not use a lawyer )