How to file a Police Complaint
As per Section 2(d) of the Code of Criminal Procedure, 1973 the 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. The explanation of the concerned section also states that 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 criminal case starts with stating the facts of the case in a First Information Report (FIR). It is not necessary that only the aggrieved person should file the complaint. Any person can file the complaint. For eg. in cases of rape, the victim is not in a state to file a complaint due to fear and shock, therefore, in such circumstances, the parents, any relative or any friend can file a complaint on behalf of the accused.
Generally, the complaint is filed in the police station situated in the jurisdiction where the offence is committed. The officer in-charge or the station house officer is under the duty to register the FIR. However, sometimes the report is conveyed on the phone and in these situations, the complainant should afterward go to the police station for registration of FIR.
Now, another question that is raised is who is the officer in charge of the police station? The SHO or his subordinate above the rank of constable is the officer in-charge.
In the absence of Inspector or SHO, a sub-inspector or Head-constable will be the officer-in-charge, who will receive a complaint or lodge FIRs.
In all cognizable offences it is mandatory on the part of the police station to register the FIR. However, if the Police Station refuses to register the FIR, a complaint shall be made to the senior police officer. The complaint can be made to the Concerned Circle Officer, Addl. SP or the Superintendent of Police of the concerned District. These officers will get the FIR registered and investigated.
There is not the requirement of paying to the police officials for recording the complaint. If any police officer asks for the money, a complaint should immediately be made to the senior police officers.
Certain important things that have to be kept in mind while registering the police complaint are:
- It must be filed immediately after the incident of the incident. If a delay is caused, it should be explained with sufficient cause.
- Four copies should be recorded simultaneously with the help of carbon sheets.
- It must contain authentic information.
- It must be recorded in the book maintained for this purpose only.
- The complaint should get a copy of the FIR without having to pay any cost.
- The authenticity of your facts will not be proved by the affidavit.
The false complaint should not be filed. As per section 203 of the Indian Penal Code, 1860 the person will be prosecuted for giving false information to the police officials.