How to File a Police Complaint

Average Time : Few hours to one day.

Documents Required: Any document which can act as a proof to the offence committed

Process

A complaint means a grievance expressed by a person to state certain things/facts in relation to a crime done against him or a crime he/she has knowledge of.

Who can file a complaint?

Any person who is either a victim of a crime or who has knowledge of such crime already done or being planned, may approach the jurisdictional police to register the complaint. However, there is no bar against anyone to file a police complaint because crime is committed against the entire conscience of the society.

Where is the complaint filed?

A complaint can be filed before any police station as per the Hon’ble Supreme Court of India. However, as the complaint will be eventually transferred to the jurisdictional police to conduct investigation for the sake of convenience, it is ideal that the Complaint is filed at the police station which has jurisdiction over the area where the offence is committed.

Particulars to be contained in the Complaint

The information or the Complaint may be given in an oral form or in writing. If information is given in an oral form, the officer in-charge shall put the information in writing and read it over to the informant/complainant. When the information/complaint is in writing or is reduced to writing, the following details may be contained;

In what capacity is the person providing the information?

Who is the perpetrator of the crime?

Who has the crime been committed against – victim/complainant (name, father’s/husband’s name, age and address)?

When was it committed (time)?

Where was it committed (specific place /locality/area)?

Knowledge of intention as to why the crime was committed, if any

How (actual process involved) was the crime committed?

Were there any witnesses? (Names, identity and contact details, will be required here.)

What were the losses? (Money /valuables/ possessions /physical damage etc)

What were the traces at the scene of the crime? (Weapons/evidence if any)Thereafter, the informant should affix his/her signature to the Complaint and hand it over to the Station House Officer at the jurisdictional Police Station.

FIR to be registered by the Police

Cognizable and Non-cognizable Offences

Cognizable offences are offences wherein a Police officer can arrest without warrant. They are generally offences of serious nature like murder, kidnapping, rape and any kind of sexual offences like eve teasing, molestation and offences of waging or attempting to wage war, or abetting the waging of war against the government of India, rioting armed with deadly weapon etc.

Non-cognizable offences are offence wherein a police officer cannot arrest without warrant.These offences are generally not of very serious nature like a public servant unlawfully engaging in trade, dishonest misappropriation of movable property, or converting it to one’s own use, obstructing public servant in discharge of his public functions etc.

In case of cognizable offences, the Police shall register an FIR immediately and also have the power to arrest the Accused.

In case of non-cognizable offences, the Police shall enter the relevant details into the General Diary or Station Diary and either provide an acknowledgment for having received the Complaint or provide a Non- Cognizable Report (also known as NCR), since they do not have powers to register an FIR. The FIR shall be registered by the Police, only if the Magistrate orders them to register an FIR and investigate into the Complaint.

What to do when the police do not register the complaint

When the jurisdictional Police refuse to register a complaint, the Complainant can approach various ranks of the Police before whom the Complaint can be filed.

In case the above fails, the Complainant has an option of filing a Private Complaint Report (PCR) before the jurisdictional Magistrate. However, a PCR can be filed directly before the Magistrate without approaching the Police depending on the facts and circumstances of the case.

Notes

A complaint can also be sent through registered post acknowledgement due containing all the details and signature of the Complainant. In such a case, the police will have no other option but to register an F.I.R. for cognizable offences. The complainant shall subsequently visit the police station to find out if an FIR is registered and to obtain the Crime No.

The Complainant and the Accused are entitled to a free copy of the FIR. The Complainant can obtain a copy of the FIR immediately or in a day or two by visiting the jurisdiction police station.

If a third party wants to obtain a copy of the FIR, they may file a RTI application, since FIR is a public document.

The Supreme Court has directed all the Police Stations to upload a copy of the FIR on their website, since it’s a public document. However, the implementation has just begun.

In case of a non-cognizable offence, upon receiving the acknowledgment or the NCR, the Complainant has the option of filing a Private Complaint Report (PCR) before the Magistrate, to take cognizance of an offence.

The police are duty bound to register an F.I.R as soon as information is received in case of cognizable offences.