The majority of Indians are unaware of their legal rights. This lack of awareness is one of the main reasons why reporting criminal activity in India is not a simple task. The public’s perception of police officers is also not helpful. However, it is necessary to report crimes that you witness.
When it comes to reporting criminal activity, India has a poor reputation. Many crimes, especially those committed against women, go unreported. This is because of several socio-political factors, one of which is a misunderstanding of legal rights. In reality, India has all the laws in place, and understanding your rights is critical to increasing reporting of criminal elements in our community.
According to India’s Criminal Procedure Code, a specific procedure for filing criminal complaints has been established. The below-mentioned steps will clear your doubts if you have any over registering a criminal complaint in India.
Step-By-Step Process for Filing a Criminal Complaint in India
Filing an FIR
If you are a victim of a criminal offence, the first thing you should do is contact the police. The police write a written document known as a First Information Report after receiving information (FIR). The police’s role is to listen to the offended party and refer him to the District Magistrate for further action. You can register an FIR if you are an individual against whom the crime has been committed or if you are aware of a crime that has been committed. There are no fees for filing an FIR. It is a vital document that sets the criminal justice procedure.
What can you do if your FIR is not registered?
- You can meet the Superintendent of Police or other high-ranking personnel, such as the Deputy Inspector General of Police and the Inspector General of Police, to file a complaint.
- You can file a complaint with the Superintendent of Police in question in writing or by mail. If the Superintendent of Police is convinced with your allegation, he will either conduct his investigation or order one to be undertaken.
- You have the option of filing a private complaint with the court.
- You can also file a complaint with the State Human Rights Commission or the National Human Rights Commission if the police do not take any action to enforce the law or if it does it in a corrupt or biased way.
What is the next phase once FIR is filed?
An investigation is carried out by the police, which may lead to arrests. The police will document all of their findings in a Challan, or charge sheet, once the investigation is completed. The case is taken to court if the charge sheet is found to contain sufficient evidence. Whereas, if the police think that there is lack of evidence or proof of a crime after their investigations, they can terminate the case after giving their reasons in court. If the police choose to close the case, they must inform the individual who filed the FIR.
What is zero FIR and when can it be used?
A zero FIR is made for crimes like rape, murder, and other crimes that require immediate investigation and no time is wasted in reaching th police station under whose jurisdiction the offence falls. The basic idea of zero FIR is to start an investigation or persuade the police to take action right away. Therefore, make sure that your complaint is not forwarded to the police station in your jurisdiction without any initial inquiry once the zero FIR is filed by you.
Criminal Complaint: The Plaint
The plaint is a document that a complainant submits in order to register a criminal complaint against an accused person. In layman’s terms, it’s just the complainant’s written allegations, which include a description of the facts of the case he wants to present and the relief he’s seeking. When you file a plaint, you are the ‘plaintiff’, and the person you are suing against is known as the ‘defendant’. The ‘Limitation Act,1963’ imposes specific restrictions on filing complaints.
For example, the plaint must be filed within a certain amount of time, which varies depending on the court.
According to the Act, the Plaint must be submitted in High Court within 90 days and within 30 days from the crime date which is being appealed against. The following information must be included in the plaint:
- The nature of the complaint
- The name of the court
- The parties’ names and addresses
It’s also worth noting that the Limitation Act stipulates that it must be submitted within a specific time frame following the occurrence of the act in question. In a court of law, a complaint brought after an unreasonable wait will be dismissed. It should also include a statement from the complainant stating that all facts provided in the plaint are true and correct to the best of their knowledge. Since this plaint method is straightforward, and if you have sufficient evidence in hand, you may file them with the assistance of an expert in no time.
Criminal Complaint: Vakalatnama
This criminal complaint is submitted by the complainant allowing an advocate to represent the case on his behalf. Although anyone can register a Vakalatnama, the terms mentioned are too complex for a novice to comprehend and react to in the event of a query. As a result, a vakalatnama is a document that authorises the advocate (who is representing you in court) to fight for you and conduct all court procedures on your behalf.
It outlines the terms and conditions of this authorisation as well as the advocate’s rights. The Vakalatnama mentions the following terms and conditions:
- The advocate will not be held liable for any judgments made in the best interests of the clients throughout the course of an investigation.
- If the client desires, the advocate can be disengaged at any moment throughout the proceedings and so forth.
- The required payments, as well as the fees for the court proceedings, will be paid to the advocate.
The main idea behind a Vakalatnama is to hire a lawyer to represent the case in court and give him the authority to do so with the plaintiff’s permission. The Vakalatnama is attached with the paint and is submitted in court by the advocate which is appointed to represent the case. Although there are no fees for filing, some courts require that it be stamped with an ‘Advocate Welfare Stamp.’
Criminal Court: Court Fees
The plaints must pay court fees in accordance with the rules and regulations agreed by the Court fees Stamp Act. The Complainant then pays the nominal court fee as mandated by the Court Fees Stamp Act. The court fees are normally a small percentage of the value of the claim or suit filed in the case and hence vary depending on the case.
The lawyer assigned to the case will be able to provide instructions on the procedures as well as the court fees that must be paid.
Every individual should be aware of their rights to file FIRs. Simultaneously, people must be aware of the choices available to them if the police refuse to file their complaints. In some circumstances, filing a complaint petition with a judicial magistrate is preferable rather than registering an FIR.
Ways to file a criminal complaint with a judicial magistrate
A victim of a crime or anyone with knowledge of the incident can submit a criminal complaint with a competent Judicial Magistrate. This is in accordance with the provisions of Section 200 of the Crpc, 1973.
- If the complaint is not filed in writing: The Magistrate decides whether or not the offense is cognizable after receiving the complaint. If any, the complainant and any witnesses, are next examined under oath. After that, the complaint is reduced to writing. In front of the Magistrate, both the complainant and the witness(es) must sign the document.
- If the complaint is made in writing: The complaint and witness must be examined by the Magistrate unless:
- The complaint is performing his official duties as a designated public servant (in case of NDPS Act, PMLA, RBI Act etc.)
- If, under Section 192, the Magistrate refers the case to another Magistrate for a trial or investigation.