Exploring the Process of ‘Complaint Mode of Crime Reporting’ and its Various Facets under the Indian Criminal Procedure Code

  • Aditya Narayan Dwivedi and Shilpa Nayak
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  • Aditya Narayan Dwivedi

    Legal Consultant at High Court of Orissa, India

  • Shilpa Nayak

    LL.M. Candidate at National Law University, Delhi, India

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This paper explores the process of crime reporting through the "complaint mode" under the Indian Criminal Procedure Code (CrPC), focusing on its various facets and procedural intricacies. The CrPC provides two primary avenues for initiating criminal proceedings: filing a First Information Report (FIR) with the police and lodging a private complaint directly with a Magistrate. The distinction between these methods is crucial, as an FIR pertains to cognizable offences and triggers police investigation, while a private complaint can address both cognizable and non-cognizable offences and involves judicial scrutiny. The study delves into the procedural steps for filing a complaint, highlighting the roles and responsibilities of the complainant, the police, and the Magistrate. It examines the legal provisions under Sections 154, 156, 190, 200, 202, and 203 of the CrPC, which govern the registration, investigation, and judicial handling of complaints. Furthermore, the paper analyzes the Magistrate's powers at various stages of complaint processing, including taking cognizance, ordering investigations, and dismissing baseless complaints. It underscores the importance of a well-drafted complaint, the necessity for clear and precise allegations, and the procedural safeguards to prevent misuse of the complaint mechanism. Through a comprehensive review of legal provisions, judicial pronouncements, and practical guidelines, this paper aims to provide a detailed understanding of the complaint mode of crime reporting in India, emphasizing its significance in ensuring access to justice and upholding the rule of law.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3329 - 3342

DOI: https://doij.org/10.10000/IJLMH.117792

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