F.I.R. व Complaint में क्या अंतर है,पुलिस NCR किन मामलों में दर्ज करती है?
Section 2(c) of Cr.P.C.
(c) "cognizable offence" means an offence for which, and
"cognizable case" means a case in which, a police officer
may, in accordance with the First Schedule or under any other law for
the time being in force, arrest without warrant;
Section 2(d) "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.
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;
.
Section 154.Information in cognizable cases. (1) Every information
relating to the commission of a cognizable offence, if given orally to
an officer in charge of a police station, shall be reduced to writing
by him or under his direction, and be read Over to the informant; and
every such information, whether given in writing or reduced to writing
as aforesaid, shall be signed by the person giving it, and the
substance thereof shall be entered in a book to be kept by such
officer in such form as the State Government may prescribe in this
behalf.
(2) A copy of the information as recorded under sub-section (1)
shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer
in charge of a police station to record the information referred to
in subsection (1) may send the substance of such information, in
writing and by post, to the Superintendent of Police concerned who, if
satisfied that such information discloses the commission of a
cognizable offence, shall either investigate the case himself or
direct an investigation to be made by any police officer subordinate
to him, in the manner provided by this Code, and such officer shall
have all the powers of an officer in charge of the police station in
relation to that offence.
Information as to non-cognizable cases and investigation of such cases.
155.Information as to non-cognizable cases and investigation of
such cases. (1) When information is given to an officer in charge of a
police station of the commission within the limits of such station of
a non-cognizable offence, he shall enter or cause to be entered the
substance of the information in a book to be kept by such officer in
such form as the State Government may prescribe in this behalf, and
refer the informant to the Magistrate.
(2) No police officer shall investigate a non-cognizable case
without the order of a Magistrate having power to try such case or
commit the case for trial.
(3) Any police officer receiving such order may exercise the
same powers in respect of the investigation (except the power to
arrest without warrant) as an officer in charge of a police station
may exercise in a cognizable case.
(4) Where a case relates to two or more offences of which at
least one is cognizable, the case shall be deemed to be a cognizable
case, notwithstanding that the other offences are non-cognizable.
Cognizance of offences by Magistrates.
Section190.Cognizance of offences by Magistrates. (1) Subject to the
provisions of this Chapter, any Magistrate of the first class, and any
Magistrate of the second class specially empowered in this behalf
under sub-section (2), may take cognizance of any offence-
(a) upon receiving a complaint of facts which constitute
such offence ;
(b) upon a police report of such facts;
(c) upon information received from any person other than a
police officer, or upon his own knowledge, that such offence
has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of
the second class to take cognizance under sub-section (1) of such
offences as are within his competence to inquire into or try.
COMPLAINTS TO MAGISTRATES
Section 200.Examination of complainant. A Magistrate taking cognizance of
an offence on complaint shall examine upon oath the complainant and
the witnesses present, if any, and the substance of such examination
shall be reduced to writing and shall be signed by the complainant and
the witnesses, and also by the Magistrate :
Provided that, when the complaint is made in writing, the
Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or- purporting to act in the
discharge of his official duties or a Court has made the
complaint ; or
(b) if the Magistrate makes over the case for inquiry or
trial to another Magistrate under section 192 :
Provided further that if the Magistrate makes over the case to
another Magistrate under section 192 after examining the complainant
and the witnesses, the latter Magistrate need not re-examine them.
#DifferencebetweenComplaintandFIR
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