March 18, 2023
All India Judiciary

Section 2(d). defines “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Explanation: A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.

A complaint of a criminal case is same as a plaint in civil case. By this a Magistrate under Section 190 takes cognizance of an offence. The following are the requisite of a complaint:

(1) an oral or a written allegation which are relied on as constituting the offence.

(2) that some person known or unknown has committed an offence.

(3) complaint must be made to a Magistrate.

(4) It must be made with the object that he should take action.

(5) It is not necessary that only an aggrieved party can make a complaint. It can be made by any person aware of the offence.

A complaint is constituted of the allegation of fact relating to the Commission of an offence. Allegation which do not amount to an offence would not be a complaint. A complaint may be sent by a post or by a telegram. If you want to be a judicial officer and are looking for RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.

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