Important tips by expert criminal lawyers on how to file police complaint.
A police complaint can be filed against any criminal offense on which the police takes action in accordance with law. Although the law contemplates that the police complaint can be filed orally but in practice the police complaint should be filed in person through a written complaint. All the important ingredients of the police complaint should be there so that the police may not close the said complaint without taking any action on the same.
Police complaint ultimately leads to prosecution of the offender or the accused person hence the allegations against him giving details of all the offenses and the actions are required to be mentioned specifically in the police complaint. As far as possible all the details of the offense may be given specifically. The police converts the complaint into FIR after making an assessment of the matter at its level..
TIPS ON HOW TO FILE POLICE COMPLAINT:
- Specify the name with full particulars of his address and contact number of the accused or suspect persons against whom the complaint is being made. If several persons are involved whom the complainant does not know, the same may be mentioned in the police complaint.
- The place of occurrence or the place where the incident took place is to be specified in the police complaint giving all the details which are available with the complainant. The place of occurrence should be clearly identified with all details in the police complaint.
- The date and time of the offense is also required to be mentioned specifically in the police complaint.
- The nature of incident describing the offense is also to be made specifically in the police complaint so as to ascertain the offense in very clear terms.
- The police complaint should be written or type written to give clarity.
- The name, address of the complainant is required to be specifically mentioned in the police complaint with complete details of the contact number.
- The police complaint is to be submitted in the police stations concerned in hard copies against receipt. The complaint through mail or other forms is not a sufficient proof and the police can deny the same at any stage.
- If possible the police staff receiving the police complaint may be asked to give the DD number or the entry number from the daily dairy of the police station for future reference.
- If the police fails to take any action on the police complaint, a reminder giving the details of the previous complaint should be filed and if possible a copy of the complaint be attached therein.
- All possible supportive evidences may be attached which may be documents, call records, video clips, photographs, CCTV footage etc.
- Police complaint is filed under Section 154 of the CrPC which also mandates that a copy of the police complaint can be sent to the Superintendent of police who can also direct action on the complaint.
- The complaint once accepted by the police is converted into a FIR and further action in accordance with Section 154 CrPC is taken by the police.
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