complaint and its essential

Complaint and its essential –

The word complaint has been defined under section 2(d) of the code of criminal procedure.
According to section 2(d) — “A complaint means any allegation made orally or in writing to a magistrate with a view to his taking action under the code of criminal procedure, that some person whether known or unknown has committed an offence, but it does not include police report.

Report made by a police officer, in case which discloses the commission of non-cognizable offence, after investigation, shall be deemed to be a complaint and the police officer by whom such a report is made, shall be deemed to be the complainant.

Ingredients of complaint 

The main ingredients of a complaint or as follows:

  1. There must be an allegation about the commission of an offence,
  2. It must be made to a magistrate either orally or in writing;
  3. It must have been made with a view to his taking action against the person alleged to have committed the offence;
  4. Though a police report does not constitute a complaint but a report by a police officer in a case which after investigation, discloses the commission of a cognizable offence, shall be deemed to be a complaint.
  5. It must be against some person, whether known or unknown, who is alleged to have committed committed an offence.
  6. A complaint about an offence can be filled by any person, except in cases of offences relating to marriage defamation and offences in sections 195 to 197, when it can be filed only by the aggrieved person.

Leave a Reply

Your email address will not be published. Required fields are marked *