Is there a any law requiring advocate before complaint is registered

954 votes

These is no express law on requirement of an advocate for registering complaint before the police station. However, people hire them to represent as advocates have the knowledge of law to hold the officer accountable for not doing his duty. They know the appropriate forum to initiate action incase they are found be delinquent. In most of the cases, lawyers mananage to get the complaint registered with no effort but just with assertiveness and pursuasiveness. It is not a bad idea to consult an advocate in order to get the job done. On the hand, criminal was framed with the objective to facilitate the citizen to lodge the complaint in case they are violated. In reality, things are far more complex. People have to run pillar to post to lodge the complaint let alone lodging FIR.

Advocate Aditya Kumar LawRato

885 votes

There is no such requirement, first. However, you can send a copy of your complaint to the officer in charge of police station and in case of his refusal, to their superintendent officer. It is better to give your complaint physically rather than by email first. The above advice is a general rule and for precise advice there is a need of analysis of your facts and documents you are relying upon.

Advocate Harshit R Gupta LawRato

978 votes

There is no law in India that requires you to be physically present or be represented by an advocate before the police can register a complaint, especially for an offence like trespass in your flat. The police cannot legally refuse to register your complaint simply because you are not present in Mumbai right now. Under Section 154 CrPC, if a cognizable offence is reported, the police must register an FIR even if the complainant is not physically present. Complaints can be given by email, by post, through a representative, or even by telephone. The Supreme Court has made it clear that police cannot insist on unnecessary conditions before registering a complaint. If the police are refusing, you have the following lawful options: 1. Send your complaint by Speed Post to the Senior Inspector of the police station with your ID proof and property documents. They are legally bound to enter it in the station diary. 2. Mark a copy to the DCP/ACP of the Zone. Once the senior officer receives the complaint, the local police are compelled to act. 3. Email the Commissioner of Police, Mumbai, attaching your earlier complaint, proof of ownership of the property and stating that the local police are refusing to register your complaint. 4. If they still fail to take action, you may file a complaint under Section 156(3) CrPC before the local Magistrate. The Magistrate will then direct the police to register an FIR. None of these steps require you to appear personally. You do not need to appoint an advocate unless you want someone to follow up the complaint on your behalf. If you want, I can also guide you on how to draft the postal complaint or the application under Section 156(3) based on your exact situation.

Advocate Yuganshu Sharma LawRato

665 votes

No there is no such rule which requires the presence of an advocate before filing your complaint to the concerned police station. In fact, anybody could argue their petition in a court of law as a person in petition. In my legal opinion you should mail the complaint through speed post to police station and then to the police commissioner and if still no action is taken file a complaint in the concerned Judicial Magistrate First Class for criminal tresspassing

Advocate Ashutosh Kumar Mishra LawRato

909 votes

Yes you are required to go to the station to register the FIR. But the power attorney required is only when you cannot go there. So it's better if you go there to file FIR or email to commissioner regarding this.

Advocate Abhishek Sati LawRato