Module III : General Principles of Criminal Pleadings

Criminal Complaint

Reporting the commission of a crime is the foremost step in setting the criminal law in motion

The fundamental question that arises on the subject of reporting crimes is, who can report about
commission of a crime and to whom?

As per the procedural laws in India, it is not necessary that only the person who is victimized
by the crime needs to report the same. Any person can pass on the information to the law
enforcement agency. With respect to the question to whom, the information can be given both
to the police as well as the jurisdictional Judicial Magistrate.

Criminal Complaint is of 2 types. One is FIR (First Information Report) and the second is
Private Complaint a Complaint which is to be given to a magistrate either orally or in writing,
whereas the first information report is lodged at the police station nearby the place of
commission of crime. According to s. 2(d) Criminal Procedure Code, a complaint is the
allegation of fact which constitutes a complaint.

Difference between Complaint and Information

Information - As per Section 154 CrPC, any information regarding commission of a cognizable
offence can be reported to the Police by a witness or victim or a person who has knowledge
about the act. The said information will be recorded as FIR.

Complaint - Whereas, As per Section 2(d) of CrPC, a complaint is an allegation made to the
Magistrate in writing or verbal form which mentioned about the offence committed by a person
whether known or unknown and does not include a police report

Difference

Though in common parlance, verbal information given to a police official is named as

FIR can be registered only for cognizable offence whereas a complaint can be filed for both
cognizable as well as non-cognizable offence.
FIR is lodged at a police station nearer to the crime place based on oral or verbal information
while a complaint is made to the Magistrate in writing or verbally.

Procedure for Registration of FIR:

Information to the local Police station:

As stated earlier, the information can be oral as well as verbal.

The person who is affected or witnessed the commission of a crime, can inform the police by
making a phone call to the police station or by going in person.

Even a call made to the emergency helpline 100 can be treated as Information for the purpose
of registering a FIR.

The police officer who is receiving the said information has a duty to register the FIR, if the
information makes out a cognizable offence. The Code of Criminal Procedure classifies the
offences as cognizable and non cognziable. The classification is based on the gravity of each
offence and the punishment provided therein. Generally, serious offences like murder, rape,
robbery are cognizable offences. Whereas offences like defamation, bigamy, Cheque
dishonour are non cognizable offences.

BAIL

What Is Bail?

The term ‘bail’ is originated from an old French verb ‘bailer’ which means ‘to give’ or ‘to
deliver’. Bail refers to the provisional release of the accused in a criminal case in which the
court is yet to announce the judgment. The term ‘bail’ means the security that is deposited in
order to secure the release of the accused.

Types of Bail In India

Depending upon the sage of the criminal matter, there are commonly three types of bail in
India:

Regular bail- A regular bail is generally granted to a person who has been arrested or is in
police custody. A bail application can be filed for the regular bail under section 437 and 439
of CrPC.

Interim bail- This type of bail is granted for a short period of time and it is granted before the
hearing for the grant of regular bail or anticipatory bail.
Anticipatory bail- Anticipatory bail is granted under section 438 of CrPC either by session
court or High Court. An application for the grant of anticipatory bail can be filed by the person
who discerns that he may be arrested by the police for a non- bailable offence.

There should be an element of apprehension, i.e. the person seeking bail feels that he will be
framed or arrested in a false case or someone having enmity with him will try to get him
arrested on the pretext on a fabricated charge. The applicant has to present before the Court
certain special facts or circumstances which makes him believe would result in his arrest. This
is however left to the satisfaction of the court, whether such facts would be considered good
enough for granting bail.

Anticipatory bail can be granted only a High Court or a Court of Sessions.

Conditions For Grant of Bail In Bailable Offences

Section 436 of Code of Criminal Procedure, 1973, lays down that a person accused of bailable
offence under IPC can be granted bail.

Section 436 of the Code of Criminal Procedure provides for the bail of a person alleged of
committing a crime which is bailable in nature. The bail is the right of the person this section
further casts an obligatory duty on the police or the court to grant bail to the person alleged of
committing crime bailable in nature. This section further clears that whenever a person who is
alleged of committing a crime which is bailable in nature makes an application before the court
or the police office then the court or the police official has to allow the bail.

Conditions For Grant of Bail In Non-Bailable Offences

Section 437 of Code of Criminal Procedure,1973 lays down that the accused does not have the
right to apply for bail in non-bailable offences. It is discretion of the court to grant bail in case
of non-bailable offences.

Conditions for bail in non- bailable offence are:

1. If the accused is a woman or a child, bail can be granted in a non-bailable offence.

Cancellation of Bail

Court has the power to cancel the bail even at a later stage. This power is laid upon the court
under section 437(5) and 439(2) of the CrPC. The court can cancel the bail granted by it and
give directions to the police officer to arrest the person and keep in police custody.

Necessary contents of the application

1. The name of the magistrate court under whom the bail application is filed.
2. The section of CrPC must be mentioned under which the application is moved.
3. The name of the parties must be mentioned.
4. The FIR number should be mentioned.
5. The name of the police station in which the accused is in custody should be
mentioned.
6. The date on which the accused was taken into custody.
7. The ground on which the accused should be granted bail should be mentioned.
8. The surety of accused not absconding if bail is granted should be mentioned.
9. The accused will present before the court whenever required to be present.
10. The accused will not leave the country without the permission of the court should
be mentioned.
11. The counsel in prayer should ask the court for granting the bail on the
abovementioned ground.
12. The applicant should sign the bail application.

Sample of a Bail Application under CrPC (BNSA)

BEFORE THE DISTRICT AND SESSIONS COURT AT DELHI

IN THE MATTER OF

STATE

VS

--------

FIR NUMBER: 5510/2020

UNDER SECTION: 302/326/420 OF IPC

POLICE STATION: MATIHANI, BEGUSARAI

APPLICATION UNDER SECTION 437 OF CODE OF CRIMINAL PROCEDURE CODE

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered under false and bogus facts. The facts stated
in the FIR are fabricated, concocted and manipulated.
2. That the police have falsely implicated the applicant, the applicant is the respectable
citizen of the society and he has no criminal antecedents.
3. The facts initiated against the applicant is civil dispute and does not constitute any
criminal case against him.
4. That the applicant is not required in any kind of investigation, nor any custodial
interrogation, no recovery can be made out at the instance of the applicant.
5. That the applicant is having good antecedents, he belongs from a good family, and
there are no criminal cases pending against them.
6. That the applicant is a permanent resident and there is no chance of absconding from
the course of justice.
7. That the applicant undertakes to present before the court or police whenever required
to.
8. That the applicant undertakes that he will not, directly or indirectly, make any
inducement, threat or any promise to any person acquainted with the facts of the
case so as to dissuade him to disclose any such facts to the court or the police officer.
9. That the applicant further undertakes not to tamper with the evidence or witness of
the case in any manner.
10. That the applicant shall not leave India without the previous permission of the court.
11. That the applicant is ready and willing to accept any other condition the court or
police officer willing to impose in relation with the case.
12.
PRAYER

It is therefore prayed that the court may order for the release of the applicant in the order of the
justice. And the other order which the court may deem fit and proper in the facts and
circumstances of the case may be also passed in the favour of the applicant.

APPLICANT
THROUGH COUNSEL

APPEAL

The word “appeal” has not been defined in The Code of Criminal Procedure, 1973, (hereinafter
CrPC), however, it can be described as the judicial examination of a decision, given by a lower
court, by a higher court.