Regarding Non-cognizable (NC) complaint
1. When can one file NC Complaint?
2. Should it be drafted by a lawyer or written by the aggrieved person giving relevant details?
3. If the police just file it without further action, what purpose does filing NC complaint serve?
4. Can it be used as the basis for future complaints?
5. Can it be used as evidence or basis for further investigation for cases occurring after filing NC related to IPC sections 302 or 306?
6. Is it necessary to give a copy of the NC complaint to all concerned persons mentioned in the complaint?
Asked 6 months ago in Criminal Law from Greater Mumbai, Maharashtra
category of offences as per Criminal Procedure Code (CrPC) in which Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court are known as Non-cognizable offences.
2) it need not be drafted by lawyer
3) if you want court to take action you can file complaint before court to direct police to investigate and submit report
4) you don't need to serve copy of complaint on accused entwined in NC complaint
1. What is the NC complaint you have planned to lodge before the police? If it is not cognisable then what is the use of its being lodged? It will be a simple general diary.
2. It can be drafted and lodged by the aggrieved person also.
3. Filing of complaint against NC offense has no sense at all and police will refuse to record it.
4. A complaint against a NC offense will hardly have any chance to be referred to while filing any complaint against cognisable offences later on.
5. It is not understandable without getting further details as to how a complaint against a NC offence can be tugged with a future complaint u/s302 and 306 of IPC. If there is any pre-planned attempt to fix any body at a future date then it may be unearthed by the lawyer of the other side. Moreover, in case of complaint u/s306 of IPC, the note left by the person committing suicide is of utmost importance to fix the charge.
6. No. Copy of complaint against the accused is not required to be sent to the accused.
1. When a non-congizable offence has been committed to injure the rights of the complainant.
2. It should always be drafted by a lawyer unless the complainant himself is a lawyer or a trained legal mind,
3. On the basis of a NC complaint alone the magistrate can take cognizance.
4. Depends on the nexus between the complaints.
5. When the court issues summons to the accused person(s) the copy of complaint will be annexed with it.
1. If he apprehends danger or safety risk from any side against him.
2. The aggrieved person, if able to draft a neat complaint venting out the grievances, can himself write it in his own handwriting too.
3. The purpose of filing NC is to inform police about it and not to press any action on it.
4. That is the reason it is being filed.
5. It depends.
6. Not necessary.