Before Proceeding to the article you need to know Who is a criminal? , What are the rights of criminals and what are criminal courts? and if you want to know how to file a case in civil courts click here. if you want to skip this content (how to file a complaint in criminal courts) and directly Read here (How to file a complaint in criminal court )
Who is a criminal?
As we see in movies criminal is a gangster and one who commits a crime but the definition as per law is a different little bit. We need to know first what crime is.
“Crime is basically something that is against the law “or
“something that is against the rules made by the legislature” or
“something that is contrary to legal code or laws that is punishable under penal laws “
Criminal definition:-
Criminal is a very popular term used for a person who has committed a crime or has been legally convicted of a crime. Criminal also somewhere means being connected with a crime. When certain acts or people/groups of people/organizations etc are involved in or related to a crime, they are broadly termed criminals. In India, one person is innocent until proven guilty beyond a reasonable doubt. So if you are accused of a criminal offence then you are not a criminal you are just accused of that offence and you have to go to trial as per law.
Difference between criminal and accused?
Sometimes, criminals are not the people who are accused of an offence. For example, we see in our day-to-day false cases of people who become accused but who are actually not criminals.
Another example supposes you are going behind someone in a car and the car in front of you hits a pedestrian and runs but people near you thought it is you who hit the pedestrian and as a result police arrest you and charge you for an offence under criminal law regarding death by negligence, rash driving etc. Here you are accused not criminal
Let’s put it more simply to avoid any confusion in your mind. A criminal is a person who is guilty of a crime and the accused is a person who is charged with an offence.
Some examples of types of crimes for a better understanding:–
1. Some criminals do crime against Persons that falls under Section 299 to 377 of the Indian penal code lays down offences against the human body are culpable homicide, murder, dowry death, various kinds of hurts, kidnapping, abduction, wrongful restrain or confinement, rape, unnatural offences
for better understanding, some of the explanations are as below:-
a. Culpable Homicide:-Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide [1]
b. Murder:- In simple language, it’s the killing of a human being by a human being. (NOTE: causing of death of animals is not murder it may fall under mischief or cruelty to animals.
c. Dowry Death:- Like we see in movies killing a bride falls under this section.
2. Some Criminals do crimes against property these types of criminals are punished under sections 378-460 of the Indian penal code. Crime against property that is mainly recognized in the Indian Penal code is 10 in number as follows- Theft. Extortion. Robbery and dacoity. Criminal misappropriation of property. Criminal breach of trust. Receiving stolen property Cheating. Fraudulent deed and disposition of property. Mischief. Criminal trespass
3. Criminal under any other penal law like NDPS acts etc.
{person who is guilty in the above-said offence or any other penal laws is criminal and the person who is charged with an offence is accused}
I think now you have a clear understanding of who is a criminal and the difference between criminal and accused.
The rights of Accused Persons:-
- Right to know his/her grounds of arrest:- The accused person has full rights to know the grounds of his/her arrest As per law the arresting officer should always let the accused know the reason for his/her arrest
- Right to be produced before the magistrate:- After the arrest as said in point 1 the police are required to produce the accused before a magistrate.
- Right against wrongful arrest:- if the arrest is unlawful then the arresting officer can be charged with wrongful detain.
- Right to have a family visit in Jail:- In the complicated stage of the trial, the accused family has full rights to see the accused if jail authorities are not allowing you may write a complaint to DGP prisons of your state.
- Right against self-incrimination:- Accused has a full right against self-incrimination he/she is not bound to disclose information that goes against him/her
- Right to get bail:- The accused has the right to get bail with help of lawyers {Depending upon the type of case). Even bail can be applied in non-bailable cases also
- Right to legal aid: accused has the right to get legal aid
- Right to a fair trial: Accused have full right to a fair trial.
- Right to know about the charge:- Accused has full right to know about the charge of offence he is trying for
- Right to hire a criminal lawyer.:- The accused have the full right to hire the best criminal lawyer.
- Right against double jeopardy:- its constitutional right is given to the accused to prevent him/her from getting punished for the same offence more than once.
- Right to get copies of the document:- In legal proceedings whether it charge or its judgment the accused has full rights to get copies of documents free of cost
You can also read :-Do I Need a Lawyer for Cheating Case
There are many more rights than an accused has.
What are criminal courts?
criminal court is a court that has jurisdiction to try and punish offenders against criminal law. The criminal courts are “fast track courts” related to a specific purpose that is a criminal trial so that in the event if a crime is committed then the criminal courts can punish criminals
How to file a complaint in criminal court?
Here is a simple and easy procedure to file a case in criminal courts:-
There are two ways.
B) File a complaint directly to court.
How to file a complaint before the police?
i) To file a complaint before the police you need to write a letter/email to the police mentioning a criminal incident that happened to you.
ii) Then you have to follow up on the complaint. IO ( The investigating officer) will ask you in detail when happened what happened. State the same facts before your police as in your complaint.
iii) after following basic things police will register FIR and police will bring the case before the court and the court can proceed with the trial
iv) if the police refuse to register FIR you can prefer application before the superintendent of police in your district.
if the police don’t act on your case accordingly you can file RTI under (right to information act) on your complaint also read here How to file RTI
If the police do not register your FIR:-
Usually, this happens with many people. People come into my office and claim “Police is not doing FIR”. To spread legal awareness, Legal knowledge in common man language is desirable to explain all the following procedures to follow if police officers are not registering your FIR.
- You can meet the (S.P) Superintendent of Police of your district or other higher officers like (the D.G.P) Deputy Inspector General of Police & (IG) Inspector General of Police and request them to take action on your complaint as per law
- You can send complaints in writing/email to the concerned offices as mentioned in step 1 if the police officers are not registering FIR.
- To track the status of your complaint you can also move the RTI application Under the RTI Act, 2005.
- You can file a private complaint before the court has jurisdiction.
- You can make a complaint to the state human rights commission if your human rights are violated.
How to file a complaint directly to court?
Generally, complaints are filed before the police. The officer in charge of the police station is bound to register FIR for offences that are cognizable in nature. But what if you have followed the above steps i) to iv) and the police still have not registered FIR?
Then move an application u/s 156(3) Cr.pc, You may ask the magistrate to intervene.
You can ask for a status report {of what action the police has done}
Then usually police do FIR. If the still police will not do an FIR court will direct them to do so or the court may take cognizance to own its own.
A victim or any person having knowledge about the commission of a particular offence can file a criminal complaint with a competent Judicial Magistrate having jurisdiction over your area. This is as per provisions mentioned under Section 200 in the CrPC, 1973.
If Complaint not in written form:-
if you don’t have a complaint in written form then also you can file a complaint before the court. Upon receipt of the complaint in abovesaid provisions, the Magistrate may decide on the cognizance of the offence depending upon the facts and circumstances of the cases. Then he examines, upon oath, the complainant and the witness {if any}. The complaint is then reduced to written form. The complainant and the witness need to sign the same in front of the Magistrate.
If the complaint is in written form:-
The magistrate may proceed case as per law or if the court does not have jurisdiction magistrate may forwards the case to another Magistrate for any trial or inquiry under Section 192.
Criminal Complaint Court fees:–
The complainant is required to submit court fees subject to rules and regulations that are enforceable in a state Usually 10 rs INR is fixed on the complaint and some amount of court fees also need to be affixed on Vakalatnama. The advocate authorized in this procedure guides the party about how to proceed accordingly in a criminal case.
Suggestions:- You should take the help of a criminal lawyer in this situation since they know how to follow this procedure of filing a complaint to court.
FAQs (Frequently Asked Questions)
- How you can contact me?
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2. How to file a complaint in consumer court?
Here is a simple and easy procedure to file a case in consumer court:-
Basic requirements to file a complaint in consumer courts:-
- First of all, what you need to be is a consumer see at the top of the article I have explained who is a consumer.
- Then you need to have bills/proofs of defective goods or deficiencies in services.
- Then you need to inform the person who has provided you defected goods. ( better to inform them via advocate legal notice)
- If even after informing that supplier/shopkeeper he/she still chooses to ignore you then now you have the right to sue that person. In consumer court.
Click here to know how to file a complaint in consumer court
