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What is the procedure to file a non cognizable complaint
09-Feb-2023 (In Criminal Law)
Hi, I would like to know the documents n process to file non cognizable complaint in Indian police station. Thanks
Hi, The procedure to file non cognizable case before any police station requires material evidence to prove your case prima facie. If you intend to file case relying upon documents, in such event you need to furnish copies of such documents along with your written complaint at the relevant police station. Up on receiving your complaint, the police will issue an FIR and thereafter notice to the accuse. Note : In non cognizable cases police cannot directly arrest the accuse.
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Adv. Dayanand Patil
Hyderabad | 25+ Answers
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What is difference between NC and FIR?
Schedule to the Criminal Procedure Code contains details on cases that are and are not cognizable. F.I.R. F.I.R. N.C., on the other hand, is a noncognizable crime (police must obtain permission from a magistrate to investigate and make arrests).
What is the use of NC complaint?
As per Cr. PC, Police Station must record an abstract in the General Diary called N.C. They should also advise the complainant that they can file their complaint with the concerned court.
What happens when NC is filed?
A complaint can only be filed with a judge at a court that has the appropriate jurisdiction. Only then, can an investigation be launched as per their order. Only when the court of trial finds that the accused is guilty of a non-cognizable offense can an arrest warrant be issued. 12-Aug-2022
What is full form of police NC?
NC is a crime that cannot be recognized. For example, abuse, simple threats or slapping and causing minor damage to property are all NC complaints. According to law, the Police has no power to investigate NC complaints. These complaints are entered in a register called NC Registers located at the Police Station.
Hi
A complaint should be written on plain paper(double sides) with the following details
a) Name , address, phone number, age of complainant.
b) Name , address,phone number, age of Accused
c) Date and time of occurence of crime.
d) Complaint in detail.
e) Any material evidence in support of complaint(phone call recordings, photographs etc).
Once you file the complaint, police will register the FIR as stipulated by Section 154 of Cr.p.C
Once the FIR is filed, the accused is either issued a notice under section 41(a) of Cr.P.C to present his side or brought to the police station directly by cops.
Once the accused present's his side of story , his statement is recorded.
If there are witnesses, their statement is also recorded under section 161 of Cr.P.C.
Subsequently a crime number is issued, charge sheet is filed and the matter is presented to court for trial
A complaint should be written on plain paper(double sides) with the following details
a) Name , address, phone number, age of complainant.
b) Name , address,phone number, age of Accused
c) Date and time of occurence of crime.
d) Complaint in detail.
e) Any material evidence in support of complaint(phone call recordings, photographs etc).
Once you file the complaint, police will register the FIR as stipulated by Section 154 of Cr.p.C
Once the FIR is filed, the accused is either issued a notice under section 41(a) of Cr.P.C to present his side or brought to the police station directly by cops.
Once the accused present's his side of story , his statement is recorded.
If there are witnesses, their statement is also recorded under section 161 of Cr.P.C.
Subsequently a crime number is issued, charge sheet is filed and the matter is presented to court for trial
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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In a non-cognizable case, the police does not have the power to conduct any investigation without the orders of the court. Therefore, the police will not conduct any enquiry in a non-cognizable case. Moreover, the police does not register any FIR in a non-cognizable case; it merely enters the details of the non-cognizable case in the General Diary / Station Diary of the police station and also in the Non-Cognizable Register. It goes without saying that the police does not have any power of arrest in a non-cognizable case. If you want action to be taken in a non-cognizable case, you will have to file a private complaint in the court. However, sometimes, where breach of peace is suspected from a complaint given in a non-cognizable, the police may conduct a limited enquiry to start the so-called “chapter proceedings” under Section 107 of Cr.P.C. to obtain security for keeping peace], in order to ensure that there is no breach of peace.
The remedy file a private complaint in Court
The remedy file a private complaint in Court
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Adv. P Gangopadhyaya
Visakhapatnam | 25+ Answers
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Dear Concerned, in response to your query, kindly approach your area PS with a normal written complaint stating the facts. You should not be worried much if the nature of offence turns out to be non-cognisable offence or a Cognisable offence. Its for law to decide. Further you have not briefed any of your grievances, in absence of such details its very difficult to assist you further.
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Adv. Moizuddin Ali Ahmed
Hyderabad | 25+ Answers
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What is a non cognizable offense? A non cognizable offense is one in which an officer of the police has no authority to make an arrest without a warrant. How can I file a NC complaint? The same information should be provided as under F.I.R.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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