Case is lodged under section 323 (3) IPC

11-Jan-2023 (In Criminal Law)
Case is lodged under section 323 (3) IPC - how can this be solved without going to court
Answers (1)

Answer #1
513 votes
Sec 323 of IPC is a Non-Cognizable Offence & as such, Police is not going to lodge a FIR for commission of such an offence. What maximum police can do in this case is to lodge a Non-Cognizable Complaint against the accused & as such, based on such a Non-Cognizable Complaint, Complainant can approach the court i.e the Magistrate to get the directions/order from Magistrate to arrest the accused & officially start investigation into the case. Thus, if you are an accused & don't want Complainant to approach Court for seeking directions to lodge a FIR & start investigation, then you can appoint a Mediator for Out of Court Settlement or if you are an accused, then too, you have to appoint a Mediator in order to settle this matter between you and the Complainant through Mediation i.e out of court settlement by a Mediator.

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