A complaint is one of the initial steps in the criminal justice process and serves as a formal allegation to initiate legal proceedings against an individual accused of committing an offence. The concept of complaint plays a vital role in ensuring access to justice and prompt redressal of grievances.
What is a Complaint?
- A complaint refers to any allegation made orally or in writing to a magistrate with a view to his taking action under the Criminal Procedure Code (CrPC), 1973, that some person (known or unknown) has committed an offence.
- It is not the same as an FIR and is governed primarily by Section 2(d) of the CrPC.
Legal Definition under Section 2(d) CrPC
“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.
- It specifically excludes police reports (i.e., FIRs filed by police).
Key Features of a Complaint
- Can be oral or written.
- Filed before a Magistrate, not a police officer.
- Must allege the commission of a cognizable or non-cognizable offence.
- Can be filed by any person, including a stranger (not necessarily the victim).
- It triggers judicial action rather than police action.
Difference Between Complaint and FIR
| Basis | Complaint | FIR |
|---|---|---|
| Filed before | Magistrate | Police |
| Governed by | Section 2(d) CrPC | Section 154 CrPC |
| Includes police report? | No | Yes (police-generated) |
| Action initiated | Judicial proceedings | Police investigation |
Procedure for Filing a Complaint
- Drafting the Complaint
- Include relevant facts, date, time, place, and persons involved.
- Filing Before Magistrate
- Submit the complaint to a Judicial Magistrate of First Class or Metropolitan Magistrate.
- Examination of Complainant (Section 200 CrPC)
- The Magistrate examines the complainant and witnesses (if any) on oath.
- Dismissal of Complaint (Section 203 CrPC)
- If no sufficient ground is found, the Magistrate may dismiss the complaint.
- Issue of Process (Section 204 CrPC)
- If a prima facie case is made out, the Magistrate may issue summons or warrant.
Types of Complaints
- Private Complaint – Initiated by a private individual directly before a Magistrate.
- Public Complaint – Filed in public interest, often by authorities or groups.
- False Complaint – Can attract liability under Section 211 IPC (false charge of offence).
Important Judicial Interpretations
Subramanian Swamy v. Union of India (2016)
- Reiterated that a complaint under Section 200 CrPC must be thoroughly examined before cognizance.
Chand Dhawan v. Jawaharlal Dhawan (1993)
- Complaint must contain material facts constituting an offence to invoke judicial action.
Importance of Complaint in Criminal Law
- Ensures access to justice where police refuse to register FIR.
- Empowers individuals to seek legal redress directly from the courts.
- Strengthens the judicial oversight in the criminal justice system.