CRIMINAL COMPLAINTS

The phrase Criminal Complaint indicates to the accusation which is penal or criminal in nature. Criminal proceedings are those procedures, at which point more serious misdemeanor is involved. The Code of Criminal Procedure, 1973, is all-inclusive and extensive procedures of law for the management of a criminal trial in India. Indian Penal Code, 1860 is the constitutional law of India and that is applicable to all types of offenses, besides as might be given under some other law in India.

F.I.R. can be registered for cognizable offence only. Any person who is affected or witnessed the commission of crime can inform the police by making a phone call to the police station or by going by person. F.I.R. is lodged in a police station nearer to the crime place based on oral or verbal information while a complaint is made before the magistrate in writing or verbally. In case of F.I.R. the police proceed to investigate into the case and on the completion of investigation the police submit the final report before the magistrate. The trial is conducted by the state. The original informant is the defacto complainant and the state is dejure complainant.

Types of Criminal Complaints

There are mainly two types of Criminal Complaints :-

1. First Information Report (FIR)

2. Private Complaint

First Information Report or FIR

First Information Report is the most vital/significant record in Criminal Prosecution. It is known as the First Information Report as it is the entryway of the investigation as the Information arrives at the Police First on schedule.

Private Complaint

In cognizable offenses, The Police authority has rights to register First information report (FIR) on their own and work accordingly. There is no requirement to get permission from the Court. In this case, the informant may be the victim of the offence or any of his/her nearest relative.

But, in non cognizable offenses, the police cannot register an FIR on their own and investigate. In that case the victim needs to file a complaint to the court directly. This type of complaint is known as Private Complaint. In some cases, where cognizable offense was done, if the Police refuse to file a FIR, then also Private Complaint can be filed to the Court.

Civil Cases And Criminal Cases

Civil court differs from Criminal court in a number of Key ways.

A. Civil Suits can be brought by anyone. A civil case is usually instigated by a private party—a person who has allegedly suffered from some harms or damage. In contrast, a criminal case is brought by a prosecutor or other attorney representing the local government.

B. The Burden of Proof is lighter in Civil Case. The "Burden of Proof" in a civil case—what must be shown in order for the defendant to be held liable for what the Plaintiff is alleging—is "by a preponderance of the evidence," meaning it is more likely than not that what the plaintiff is alleging is what actually happened. In a criminal case, the government must show the defendant’s guilt "beyond a reasonable doubt," which is a much tougher standard to meet.

C. The party who lose in a civil case typically pays in money rather than in time behind bars. The plaintiff is asking the court to make a judgment in the plaintiff’s favour, and if such a judgment is made it is usually accompanied by a court order entitling the plaintiff to a certain amount of money (called a damages award) to be paid by the defendant. Compare that to a criminal case, where if the defendant is convicted of a crime, he or she is usually facing the prospect of jail time, probation, the payment of a fine, compelled performance of community service, or some combination of these.

Personal injury lawsuits are one type of civil suit in specific context of a personal injury case, a civil lawsuit usually starts with the filing of a personal injury complaint in the local branch of your state’s civil court system. Common kinds of personal injury lawsuits include those stemming from car accidents, slip and fall incidents, defamation, medical malpractice, defective products, and intentional acts.

While the filing of a civil lawsuit is the first step in many personal injury cases, keep in mind that the vast majority of these cases will reach settlement well before a court-based trial takes place. And many injury claims are resolved through settlement negotiations before a lawsuit is even filed.

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