A criminal case cannot be filed from anywhere
No, any case cannot be filed anywhere. You can file a private complaint before the court having jurisdiction. Means where the crime has been committed, that area will be coming under a Police station and that police station comes under a JMFC i.e. a court. That particular court will hold the jurisdiction to try that criminal matter.
There is no time limit fixed for filing criminal complaint. However, one shall have to explain the reason for the delay if there is extra ordinary/un-reasonable delay in filing the criminal complaint.
PROCEDURE TO FILE A CRIMINAL COMPLAINT
A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India:
Filing an FIR
In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). The duty of the police lies in hearing the aggrieved and directing him to the District Magistrate for further action. An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process.
What can you do if your FIR is not registered?
A. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
B. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
C. You can file a private complaint before the court having jurisdiction.
D. You can also make a complaint to the State Human Rights Commission.
There is no time limit fixed for filing criminal complaint. However, one shall have to explain the reason for the delay if there is extra ordinary/un-reasonable delay in filing the criminal complaint.
PROCEDURE TO FILE A CRIMINAL COMPLAINT
A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India:
Filing an FIR
In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR). The duty of the police lies in hearing the aggrieved and directing him to the District Magistrate for further action. An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process.
What can you do if your FIR is not registered?
A. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
B. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
C. You can file a private complaint before the court having jurisdiction.
D. You can also make a complaint to the State Human Rights Commission.
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