COMPLAINT

Synopsis-
I) Introduction
II) Meaning of Complaint
III) Difference between Complaint and Accusation
IV) Definition of Complaint under CrPC
V) Filings considered as complaint
1) When state fails to initiate cognizable case
2) On commission of the non cognizable case
3) Report made by police officer
VI) Drafts of complaint for different offences
VII) Conclusion

I) INTRODUCTION- The code of criminal procedure defines the term 'complaint' as any
allegation made orally or in writing to a Magistrate. It's done 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.

II) MEANING OF COMPLAINT- Complaint is an allegation that a wrong has been done or a
grievance suffered This term is most generally used in law with reference to Criminal
Courts to describe the mode in which proceedings are to be instituted. The complaint
need not be either in writing or on oath, unless required to be so by the particular
enactment upon which it is framed.

 A person who makes a complaint is a ‘complainant’

 A complaint is an allegation that some person has committed an offence and “an offence” is an act
or omission made punishable by any law for the time being in force The essence of the complaint is
the statement of facts relied upon as constituting the offence It is sufficient that the complainant
shall state the true facts in his own language and it is for the Magistrate to apply the law to those
facts.
 Complaint is the form of legal process which consists of a formal allegation or charge against a
party, made or presented to the appropriate Court or Officer, as for a wrong done or a crime
committed; in the latter case generally under oath.

III) DIFFERENCE BETWEEN COMPLAINT AND ACCUSATION- There is a difference between a complaint and
accusation Though both these terms are employed in regard to the conduct of others, but a
complaint is mostly made in matters that personally affect the complaint; an accusation is made of
matters in general but especially those of moral nature.
  A complaint is made for the sake of obtaining general or specific redress: the accusation
is made for the sake of ascertaining a fact or bringing to punishment.
 A complaint may be frivolous, an accusation false

IV) DEFINITION OF COMPLAINT UNDER CRPC- According to Section 2(d) of the Cr.P.C.., ‘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 public 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.

V) THE FOLLOWING FILINGS ARE CONSIDERED AS ‘COMPLAINTS’-

1) When state fails to initiate cognizable case- Where the State fails to initiate a cognizable
case. The aggrieved individual may file a complaint in the Court of a Judicial Magistrate of 1 st
Class to prosecute the accused.

2) On commission of the non- cognizable case-An individual who is aggrieved by the

commission of the non- cognizable offence, has to initiate the case for the prosecution of
the offender by filing a complaint in the Court of a Judicial Magistrate 1 st Class or 2nd Class as
the case may be triable.

3) Report made by police officer- 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.

VI) DRAFTS OF COMPLAINT-

Q 1) ‘A’ is met with an accident by the car of ‘B’ in which A's left leg and left arm
fractured. Draft a Complaint against ‘B’.

In the court of
Complaint no. ...... of 20...., Police Station.....

A S/o........ aged about....... years,

Occupation......... residing at............
Complainant
 Versus

B S/o...... aged about ....... years,

Accused
Complaint under section 279, 338 of IPC
The complainant above named states as follows:
(State brief facts)

Prayer-
(Demand appropriate prayer)
Place: (Sd/-)
Date: Complainant

Q 2) Draft a complaint under Section 294 of IPC.

Same format. Obscene acts and songs crime.

Q 3) Write a complaint for offence under section 323/324 of IPC.

CRIMINAL COMPLAINT U/S 323 & 5O4 IPC

IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS,__________

Criminal Complaint No.___/20___

________________________________ )
________________________________ )
________________________________ )
Complainant

Vs.
________________________________ )
________________________________ )
________________________________ )
Accused

COMPLAINT U/SS 323 & 504 R/W SEC. 34 OF THE INDIAN PENAL CODE

The complainant above named submits this complaint, praying to state as follows :

[Link] the complainant is a resident of the within mentioned address, and the accused No. 2 is his
legally wedded wife, while the accused No. 1 is her father and the accused Nos. 3 and 4 are her
brothers.

2. That the complainant is originally a resident of__________________.

[Link] _______________________________

12. That the complainant was very much ashamed of himself when such a public scene was created by
the accused, and he was, thus, tortured by the accused physically and mentally to a great extent, and
since then, the complainant apprehends that the accused may cause danger or commit hurt to the
complainant in future also.

13. That the complainant also made a complaint-application to the _______________Police Station,
with a request to give him necessary help and protection, which the police did.

14. That the accused have, thus, committed an offence u/s 323 and 504 R/W Sec. 34 of the Indian
Penal Code within the local limits of the jurisdiction of this court, and hence, this Hon'ble Court has
right and jurisdiction to try this complaint and punish the accused.

15. That the cause of action for this complaint first arose on_____, and the same has since then been
every day thereafter, and hence, this complaint filed today is well within limitation.

16. That the offence has been committed within the local limits of the jurisdiction of this Court, and
hence, this Hon’ble Court has jurisdiction to try and decide this complaint.

17. That the necessary court-fee is paid herewith.

18. That the complainant, therefore, prays that the accused be charged with and tried for the offence
punishable u/s 323 and 504 R/W Sec. 34 of the Indian Penal Code and punished according to law.
Place
Date
Sd/-
COMPLAINANT

Sd/-
ADVOCATE FOR COMPLAINANT

VERIFICATION

I, _____________________________, the present complainant, do hereby state on solemn affirmation

that the contents of this complaint in are true and Correct to the best of my knowledge and belief, and
so I have signed hereunder.

Sd/-

COMPLAINANT

Q 4) Write a complaint for offence under section 352 of IPC.

(Under Sections 323, 352, 504 and 506 IPC)

In the Court of ........ at .......
Case No. ...... of 20....
........... S/o. ......... aged about ...... years,
Occupation....... residing at .........
Complainant
Versus
....... S/o. ....... aged about ..... years,
Occupation..... resident of ..............
Accused
Charge under Sections 323, 352, 504 and 506 IPC
May it please your worship
I, the complainant above-named, beg to state on solemn affirmation as follows that:

1. I am working in the .......... office and I have been residing as above.

2. I know the accused person for the last 2 years. He has taken hand loan of rupees....... And promised
to return within a month. But, he did not return so.
3. On the.... day of ....... 20...., I have seen him at Bus Stop of ....... Locality and I reminded him about
the return of hand loan.
4. The accused immediately flared up and started abusing me and pounced upon me and put his hand
on my neck and tore of my shirt. The accused hurled filthy abuses and insulted me at the days Bus
Stop.
5. The accused then challenged me and told that he would take proper steps to see my end and gave
threats of bodily harm to me. I am afraid that the Accused might take the law in his own hands and
might carry out the threats which he has given.
6. I have already lodged a complaint with the police station on the day of 20.... at about ............ (time)
a.m./ p.m. and have been advised to approach to the Court of your Honour
7. I, therefore, submit that the accused has committed the offences punishable under Sections 323,
352, 504 and 506 of IPC and I pray the accused may be dealt with according to law.
Solemnly affirm at......
On this ..... day of ...... 20....
Witnesses
1. (Sd/-)
2. Complainant
3.