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vignesh Achar (advocate)     04 August 2009

F.I.R. amounts to complaint?

hi..... whether F.I.R. itself amounts to written complaint to the police?  is a written complaint a requirement for an F.I.R to be lodged.? any case law in that regard pls<for some proper understanding>..... thanks.



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 4 Replies

Kiran Kumar (Lawyer)     04 August 2009

154. Information in cognizable cases.

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, 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, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

155. Information as to non-cognizable cases and investigation of such cases.

(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the informant to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable
above are the provisions of Cr.P.C with respect to FIR, i think it will clear all ur doubts.

Adv. Deepak (Advocate)     04 August 2009

F.I.R. is information regarding commission or anticipated attempt for commission of a cognizable offence.  When any person having such information or knowledge, approaches police and informs what he is knowing, police personnel reduce it to writing and whatever is prepared by police is called as FIR.  When FIR is lodged by police, police force is set into motion for investigation of cognizable offence.  It is not a complaint.  It does not amount to written complaint, as the informant is not necessarily the aggrieved person or the complainant.  Written complaint is not a requirement for FIR to be lodged.  Complaint can be of a cognizable or non-cognizable offence.  However, FIR is related to only cognizable offence.  I think I have tried to answer you correctly.

vignesh Achar (advocate)     05 August 2009

thanks alot sir..
 

Bhumik Dave (Law officer)     23 August 2009

Thanks Dipakji

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