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CRIMINAL COMPLAINTS
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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.
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.
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.
The services provided by NYAYSARTHIINIDIAFILINGS, are intended to assist clients in the preparation, drafting, and filing of documents related to Non-Governmental Organizations (NGOs), private companies, and other legal entities. Nyaysarthiindiafilings strives to ensure the accuracy and compliance of all documents prepared; however, we are not responsible for errors, omissions, or delays caused by incomplete or inaccurate information provided by clients or changes in applicable laws and regulations. Clients are advised to consult with qualified legal professionals for specific legal advice tailored to their circumstances.
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