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). Only the aggrieved person doesn’t need to 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 of 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:

  1. It must be filed immediately after the incident of the incident. If a delay is caused, it should be explained with sufficient cause.
  2. Four copies should be recorded simultaneously with the help of carbon sheets.
  3. It must contain authentic information.
  4. It must be recorded in the book maintained for this purpose only.
  5. The complaint should get a copy of the FIR without having to pay any cost.
  6. 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.

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.