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Is signature of complainant necessary for filing an FIR
13-Oct-2023 (In Criminal Law)
I am railway employ.while on duty other 3employees assaulted me.now iam in sick at railway hospital.government railway police ask me to come and sign the FIR copy.is this necessary for my signatures in FIR?is there is any chance of arresting by police,since counter case also filed against me?
The Signature of victim is not necessary in the FIR and complaint too. The statement of victim is necessary and when the situation is out of control, then any body can set the criminal law in motion and it is the nucleus of criminal jurisprudence.
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Adv. Saravana Kumar
Coimbatore | 100+ Answers
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What happens if FIR is not signed by complainant?
It is not required to sign the complaint or FIR. When the situation becomes out of hand, the victims statement is required. This is the core of criminal law.
Who is the complainant in FIR?
Who can file an FIR? Anyone who has knowledge of the commission or a cognizable crime can lodge an FIR. The victim does not have to file an FIR. An officer of the police who becomes aware of a cognizable crime can file a FIR.
Can FIR be filed without evidence?
Anyone in India can file a First Information Report with the police, even the accused. In India, anyone who knows of a cognizable crime (a crime for which police can arrest a person without a warrant), can file a First Information Report (FIR).
What happens when complainant is absent?
The Magistrate, without regard to anything that has been said before, may at his discretion, any time prior to the scheduled hearing, decide whether the complaint is valid or not, and if the offence is a cognizable one.
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