Procedure to File Complaint in Police Station
- Is any format for filing Complaint to Police.
- There is no fixed format for complaint to Police.
- Complaint may be oral or written.
- Sec.154 Cr.P.C. gives power to every person to report the illegal activities to Police.
- Is physical presence required for filing police complaint?
- Physical presence is not necessary.
- Complaint may be Can be sent through bearer also.written.
- We can complain to police by
- Personal visit to P.S.,
- through bearer
- by Fax or by Post. But the signature on the complaint is must.
- If the Police Officer in Police Station refuses to receive your complaint, you can send it to the concerned District Superintendent of Police by post (Sec.154(3) Cr.P.C.) for necessary action.
- What are the mandatory ingredients in the complaint?
- The complaint must contain the following details :
- Complaint should be addressed to 'Station House Officer' of the Police Station.
- Complainant details: -Surname, Name, Father/Husband/Mother Name, Age, Occupation, contact Adress
- Occurrence Details:- Date, Time, Place, Nature and Manner and Modus operandi of the occurrence
- Accused-Victim Details- Whether known persons or unknown persons or suspects
- Witnesses Details:-Whether any person witnessed the occurrence.
- How the complaint is processed by Police?
- All the offences are classified as two types - 1. Cognisable Offences and 2. Non-Cognisable offences
- Cognisable:- means Police can take action without any directions or orders from the Courts
- Non-Cognisable:-means Police have to take orders from the court to take action.
- If the complaint pertains to 'Non-Cognisable Offence', the police will intimate to approach the Hon'ble Court to file private complaint.
- But this does not absolve the Police from taking action (Sec.155 Cr.P.C.)
- What is F.I.R. and what is its use?
- As soon as received complaint, Police should evaluate the Complaint to determine whether the contents fall under cognisable offences are not.
- If cognisable offence, it should be entered into the statutory records of the Police Station and intimate the same to court. This is called Registration of 'FIRST INFORMATION REPORT' (FIR).
- Registration of F.I.R. by Police is free of cost. It is statutory duty of police U/s.154(2) Cr.P.C. to give copy of FIR to complaint immediately. Failure to furnish the copy of FIR on free of cost to complainant by police will amount to deriliction of statutory duties by police and such officers are liable for punishment.
- The purpose of F.I.R. is to set the criminal law into motion.
- Investigation by Police should starts only after registration of FIR
- Investigation is nothing but collection of evidence to know whether the prima facie of case is true or false.
- What if anyone submit false complaint to police?
- Beware, submission of False and Frivolous complaints will lead to prosecution against the person who submit it to police.
- It is liable for prosecution and punishment U/s.182 or 211 IPC.
- What are the other remedies available if concerned police did not take action ?
- Immediate alternative remedies are
- Approaching superior officers - 36 Cr.P.C.
- Approaching criminal court - 190 r/w 200 Cr.P.C.
- Ultimately to High court - Art.226 of Constitution of India.