Understanding Complaint Procedures under the Criminal Procedure Code
Complaint Procedures under the Criminal Procedure Code
Introduction
The Criminal Procedure Code (CrPC) outlines the procedures for administering criminal justice, including provisions for complaints, investigations, inquiries, and trials. This document focuses on the specific procedures related to complaints.
Relevant Provisions
Sections 200 to 204 of the Criminal Procedure Code 1898 govern complaint procedures.
Defining a Complaint
A complaint is an allegation, made orally or in writing to a magistrate, that a known or unknown person has committed an offence. The purpose of a complaint is to initiate action under the CrPC. It’s important to note that police reports are not considered complaints.
Complaint Procedure
The following steps outline the typical process for handling complaints:
Examination of the Complainant
The magistrate’s first duty is to examine the complainant under oath. The substance of the examination is documented in writing and signed by the complainant.
Exceptions to Complainant Examination
There are instances where the complainant may not be examined:
- Cases transferred under Section 192 of the CrPC or sent to the Court of Session where a written complaint exists.
- Written complaints made by a court or public servant acting in their official capacity.
- Cases transferred under Section 192 where the transferring magistrate has already examined the complainant.
Procedure for Incompetent Magistrates
If a complaint is made to a magistrate who lacks jurisdiction, the following actions are taken:
- For written complaints, the magistrate returns the complaint with an endorsement for presentation to the appropriate court.
- For oral complaints, the magistrate directs the complainant to the proper court.
Issuing Process for the Accused
If the court finds sufficient grounds, it may issue a summons or warrant to bring the accused before the court.
Postponement of Process and Inquiry
The court can postpone issuing process for the accused and conduct an inquiry or investigation to ascertain the truth or falsehood of the complaint. This may involve a justice of peace, police officer, or another suitable individual.
Dismissal of Complaint
If the court finds no sufficient grounds for proceeding after considering the complainant’s statement and the inquiry/investigation results, it may dismiss the complaint, recording the reasons for dismissal.
Conclusion
The procedures discussed above apply when a magistrate takes cognizance of an offence based on a complaint. However, these procedures do not apply when cognizance is taken based on a police report detailing the offence.