Procedure for lodging F.I.R.
FIR or First Information Report is the information about commission of an offence given to a police officer by the first informant. It initiates the criminal proceedings.
- To file an FIR, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place.
- Every piece of information relating to the commission of offence is to be given to the officer in-charge of the police station. If it is given orally to the officer, he shall reduce it to writing and read it over to the informant to confirm and verify the details.
- Every such information has to be signed by the informant after which it is required to be recorded by the officer in a book maintained for this purpose as prescribed by the State Government.
- The informant is entitled to receive a copy of the FIR free of cost.
- If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation.
NOTE: When you file a FIR, be very specific.
Don’t forget to take a copy of the FIR.
One is not required by law to give an affidavit.
Procedure for filing complaint
There is a detailed procedure laid down, for filing a criminal complaint.
The Procedure is as follows:
- Filing of Complaint
- Court Fees
- How Proceedings are Conducted
- Preliminary Evidence
- Arguments on Preliminary evidence
- Appearance of the accused
- Arguments on charges
- Framing of charges
- Again the case is fixed for evidence
- Complainant/Prosecution Evidence
- Defense Evidence/Witnesses
- Certified Copy of Order
- Procedure or Appeal
Filing of Complaint:
A plaint is the written in English language containing facts of the case/allegations.
One who files it is known as "Complainant" and against whom it is filed is known as "Accused"
The plaint has to be filed within time limit of the occurrence, it should not be after five or ten years of the occurrence and it should be typed copy, in double line space.
Name of the Court, Nature of Complaint, Names and Address of parties has to be clearly mentioned.
Complaint should also contain photocopies or typed documentary proof with the complaint.
- A person / party filing a case, may also represent their own case personally in any court.
However, due to lack of knowledge of Law and technical procedures, Lawyers are engaged to report the interest of parties.
"Vakalatnama", is a document, by which the party filing the case authorizes the Advocate to represent on their behalf
On General Terms, a Vakalatnama may contain the falling terms :
The client will not hold the Advocate responsible for any decision.
The client shall bear all the costs and /expenses incurred during the proceedings.
The advocate shall have right to retain the documents, unless complete fees are paid.
The client is free to disengage the Advocate at any stage of the Proceedings.
The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client.
Vakalatnama is affixed on the last page of plaint / suit and is kept along with court records.
- In case of complaint the court fee is usually nominal.
How Proceedings are Conducted:
- On the first day of hearing, if the court thinks there are merits in the case, it will fix the case for Preliminary Evidence, and fix a date.
Preliminary evidence is done with witnesses and documents. The purpose of preliminary evidence is to determine:
- whether probable cause exists to show the crime was committed, and
- whether probable cause exists to show the accused was the person who committed the crime.
Arguments on Preliminary evidence:
- After preliminary evidence, arguments are done to prove the evidence.
- At the hearing, the judge listens to witnesses' testimony and evidence. If the judge finds probable cause that the accused committed the crime, the accused is then issued notice through bailable warrants to appear in the court.
- If the judge concludes there is insufficient evidence, the case is dismissed.
- Sometime Court by using its discretionary powers can call a report from related Police and can mark the case to Police Station U/s 156(3) Cr.P.C. to register the case. Charges may be amended at the preliminary hearing.
Appearance of the accused:
- The accused appears in the court and will make request for the bail. In Criminal complaint court always accepts bail of the accused.
Arguments on charges:
- Counsel for the accused argues on the charges and try to convince the court for non-framing of the charges.
- If court satisfies with that argument he can dismiss the complaint otherwise it would frame the charges.
Framing of charges:
- "CHARGES" are framed by the court, on the basis of arguments and preliminary examination of witness.
- Charges are framed, keeping in view the facts and circumstances of the case and Section under IPC are framed.
Again the case is fixed for evidence:
Finally on the date, the witness will be examined by both the parties.
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