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Who decides which section of IPC to apply in a non cognizable case?


14-Aug-2023 (In Cyber Crime Law)
Hi sir,nDoes complainant's lawyer decide which section of IPC to apply against the culprit while filing a cyber crime case? Does investigation officer confirm whether the case should be filed under that particular section of IPC as specified by complainant lawyer initially?
Answers (2)

Answer #1
960 votes
Yes, complainant can suggest as per the ingredients. But eventually it will the court who has discretion to alter or add the charge considering the material available. It hardly matters what section is invoked by complainant, lawyer can convince the court by material, and arguments that the section is not made out.
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Advocate Anubha

Adv. Anubha

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Answer #2
730 votes
As a matter of fact the complainant should be well aware about the facts and the sections that is to be levied on the accused person. The police official is also duty bound to make aware about the same to the complainant or it’s authorised agents. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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