CRIMINAL COMPLAINTS

CRIMINAL COMPLAINTS

Need Service ? Apply Now

Understanding Criminal Complaints & FIR Process
By NYAY SARTHI INDIA FILINGS

Legal Framework:
• Governed by CrPC 1973 & IPC 1860
• Addresses serious criminal offenses

FIR Registration:
✓ Only for cognizable offenses
✓ Can be filed by:

  • Victims

  • Eyewitnesses
    ✓ Methods:

  • Phone call to local police

  • Personal visit to nearest station

Key Distinctions:
• FIR:

  • Police investigation mandated

  • Leads to chargesheet filing
    • Complaint:

  • Directly filed before magistrate

  • May/may not trigger investigation

Trial Process:

  • State acts as prosecutor

  • Original informant = De facto complainant

  • Police submit final report to court

NYAY SARTHI INDIA FILINGS provides legal guidance for criminal matters.

Get Quick Solutions for Criminal Complaints

Find Best Lawyer’s Help and Advice! Post Your Legal Question & Get Advice from Highly Exp. Lawyers- Starting with Rs. 499/-*

Types of Criminal Complaints

Types of Criminal Complaints in India
Presented by NYAY SARTHI INDIA FILINGS

1. First Information Report (FIR)

  • Primary document initiating criminal prosecution

  • Triggers police investigation process

  • Filed at nearest police station for cognizable offenses

  • Can be registered by:
    ✓ Victims
    ✓ Witnesses
    ✓ Police suo moto (for cognizable crimes)

2. Private Complaint
• Filed directly before Magistrate when:

  • Offense is non-cognizable

  • Police refuse FIR for cognizable offense
    • Requires court permission for investigation
    • Submitted by victim/relative in writing

Key Difference:
FIR = Police-led investigation
Private Complaint = Court-directed process

NYAY SARTHI INDIA FILINGS provides legal assistance for both complaint types.

Civil Cases And Criminal Cases

Key Differences Between Civil & Criminal Courts
By NYAY SARTHI INDIA FILINGS

A. Case Initiation
• Civil: Filed by affected individuals/entities
• Criminal: Prosecuted by government attorneys

B. Burden of Proof
✓ Civil: “Preponderance of evidence” (51% likelihood)
✓ Criminal: “Beyond reasonable doubt” (near certainty)

C. Case Outcomes

  • Civil: Monetary damages awarded

  • Criminal: Jail/fines/probation imposed

Personal Injury Cases (Civil Subset)
• Common types:

  • Vehicle accidents

  • Medical negligence

  • Defective products

  • Intentional harm
    • Most settle pre-trial through negotiations

NYAY SARTHI INDIA FILINGS provides legal guidance for both civil and criminal matters.