How to File a Criminal Complaint in India: Step-by-Step Legal Guide

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How to File a Criminal Complaint in India: Step-by-Step Legal Guide

Filing a criminal complaint is the first step to seek justice if a crime has been committed. Whether you're a victim or a witness, understanding the process helps ensure the law protects you effectively.

**1. What is a Criminal Complaint?

A criminal complaint is a formal allegation made to a Magistrate or the police about a criminal offense committed by someone. It initiates legal action and investigation.

2. Legal Provisions

  • Section 154 CrPC – FIR (First Information Report)

  • Section 156(3) CrPC – Complaint to Magistrate if police refuse FIR

  • Section 200 CrPC – Direct complaint before Magistrate

3. Step-by-Step Procedure

A. Filing an FIR (First Information Report)

  1. Visit the nearest police station (preferably where the incident occurred)

  2. Provide a written or oral complaint with facts

  3. Police registers FIR under Section 154 CrPC

  4. You receive a copy of the FIR free of cost

Note: FIR is mandatory in cognizable offences (serious crimes like murder, rape, theft, etc.)

B. If Police Refuses to File FIR

  1. Send a written complaint to the Superintendent of Police (SP)

  2. If no action is taken, file an application before the Magistrate under Section 156(3) to direct police to investigate

  3. If still unresolved, file a private complaint under Section 200 CrPC

4. Direct Complaint to Magistrate (Section 200 CrPC)

When police do not act, you can:

  • File a criminal complaint directly before a Magistrate

  • Mention details of the offence and accused

  • Court may take cognizance and summon the accused

  • If needed, the Magistrate may order an investigation before proceeding

5. Documents Required

  • Detailed written complaint

  • Identity proof

  • Evidence (if any – photos, videos, medical report)

  • List of witnesses (if applicable)

6. Key Supreme Court Observations

  • Lalita Kumari v. Govt. of U.P. (2013): Registration of FIR is mandatory in cognizable offences

  • Priyanka Srivastava v. State of U.P. (2015): Affidavit is required for 156(3) CrPC applications to prevent misuse

Conclusion

Filing a criminal complaint is a constitutional right of every citizen. The law offers multiple remedies if the police don’t act. Understanding the proper legal route ensures that justice is not delayed or denied.

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