Complaint
Section 2(d) of CRPc says
complaint means any allegation made orally or in writing to a magistrate with a
view to his taking action. It does not include police report.
It further lays down that report
by police officer which discloses commission of a non cognizable offence is
also deemed to be complaint.
Definition
Thus complaint has to do with the
procedure for filing criminal charges. It gives the brief summary of the facts
of the case (who, what, where, when etc) and basically explains how the facts
show that something illegal took place.
Also it is the representative of
government like a public prosecutor who would file the complaint alleging the
crime.
Essential features
1. There must be an allegation
2. It must be made to a
magistrate.
3. It is against a person known
or unknown.
4. The action is to be taken by
Magistrate.
It must not be a police report
unless it discloses commission of a non cognizable offence.
Information
It is like a criminal complaint
to 1.Police Officer
2. Magistrate
It means report of a crime given
with object of setting the police in motion to investigate the matter. Hence
information has got the nature of complaint but it is different from it in
following regards
1. In Complaint Magistrate acts
because complainant has asked him to act wile magistrate acts on information on
his own initiative.
2. In complaint if magistrate
chooses not to prosecute he can dismiss the complaint under section 203 after
recording his reasons while in information if he chooses not to act he need not
record any reason or pass any order
3. In complaint the complainant
is examined on oath while in information it is not so.
No comments:
Post a Comment