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.

Comments

Post a Comment

Popular posts from this blog

Procedure to File a case of Defamation/ Maanhani

According to section 499 of Indian Penal Code , whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Defamation is the making of a false statement concerning a person or business that damages that person’s or business’s reputation. If a false statement is made and that person or business’s reputation is damaged, there can be legal consequences for the person who made the statement. Defamation applies to both written and oral statements that are published to third parties. Publication includes the posting of material on the Internet. Defamation can either be a statement that is verbal or written. If a defamatory statement is made verbally, it’s called slander. If a defamatory statement
Read more

Is the Bail amount refundable, When a person is released on bail?

Bail is an agreement to attend court to answer a criminal charge. It can be granted at any stage of criminal proceedings. Often, when bail is granted, a number of conditions are applied to the bail undertaking. These can include surrendering a passport or agreeing to report to police on a regular basis. A well known condition is to deposit a sum of money with the Court and agreeing to forfeit that money if bail is breached. After the Court matter has been finalised, bail will be refunded. There are following types of Bail payment methods related to Bail conditions: Surety Bail Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances. Cash Bail If yo
Read more