How to file a criminal complaint case

हिंदी में पढ़ें
June 11, 2019
By Advocate Chikirsha Mohanty

The society is vulnerable to crime. Law protects the society and deters criminal approach. There is an established procedure of law to file a criminal case under the Criminal Procedure Code, 1973:

Consult: Top Criminal Lawyers in India

  1. Filing of a complaint by the informant / complainant at the police station.

  2. If the complaint relates to a non-cognizable offence i.e. where the police cannot arrest a person without a warrant, the police will not register the FIR (first information report) and will ask the informant to approach the court having jurisdiction over the area where the offence took place.

  3. However, if the complaint relates to the commission of a cognizable offence i.e. where the police can arrest a person without a warrant, the police will register FIR under Section 154 of the Criminal Procedure Code (Cr.P.C.).

  4. Registration of FIR is followed by detailed investigation conducted by the police. This may include recording of statements of witnesses; search and seizure of documents and other property (if any, involved); collection of other evidence, if any (such as scientific evidence, medical evidence); examination and/or arrest of accused persons, and other processes of investigation.

  5. After the investigation has been completed, police will file either the charge sheet or a closure report before the competent court, depending upon availability of evidence. This is done under Section 173 of Cr.P.C.

  6. In case of a closure report having been filed, the informant / complainant may be given a chance by the court to oppose the closure of the case.

  7. In case of a charge sheet having been filed, cognizance of the offences committed is taken by the court (under Section 190 of Cr.P.C.).

  8. If the offence is triable exclusively by the Sessions Court, then the case will be committed to the Sessions Court. Otherwise, the Magistrate court will continue to handle the case.

  9. Next stage is the framing of charges if there is prima facie evidence against the accused person(s). However, if no prima facie case is made out, the accused will be discharged.

    Consult: Top Criminal Lawyers in India

  10. If charges are framed, the next stage will be the recording of evidence of prosecution witnesses. This also includes their cross-examination by or on behalf of the accused persons.

  11. Next stage is the recording of statements of accused persons under Section 313 of Cr.P.C.

  12. Thereafter, recording of evidence of defence witnesses, if any, is done by or on behalf of the accused.

  13. In the next stage, final arguments take place (may be oral as well as written).

  14. Judgment delivered by the court. It may result in conviction or acquittal of accused persons, depending upon whether or not the charges are proved by evidence adduced by prosecution.

  15. In case of conviction of accused persons, sentence is awarded to the accused persons after hearing them on the question of sentence.

The information provided here is for knowledge purposes only. Always consult an expert criminal lawyer before initiating a criminal case.


These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Criminal Lawyers

Advocate H Gouri Shankar
Dilsukhnagar , Hyderabad
24 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka , Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16 , Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala , Jaipur
19 years Experience

Related Articles

Connect with top Criminal lawyers for your specific issue

Criminal Law Articles

Coronavirus Pandemic and its control: Know the Indian laws involved

How to prove a false 498A Case?

Difference between Criminal and Civil Defamation

Is smoking weed legal in India? Know these laws!

User Reviews

4.9 - 23 reviews

My parents illegally arrested in 498a case. Can they get bail?

Anjali on Feb 29, 2020

Need a lawyer for my criminal case. Who to contact?

Simran on Mar 25, 2020

Can police arrest me for trespassing on my neighbor's property?

Lokesh on Mar 05, 2020

Police arrested my brother without FIR, what to do?

Aarti on Mar 09, 2020

can police investigate without warrant in a criminal case?

Kavita on Feb 13, 2020

Very good work with the article. Gave a nice clarity about the subject.

Manjeet on Mar 04, 2020

learned all the basics about the legal issue. Good article. Keep it up.

Tanu on Mar 11, 2020

Thanks for the detailed article.

Tanya on Mar 24, 2020

excellent article. Very informative

Bhushan on Mar 02, 2020

Good work with the article. Solved all my legal queries. Regards.

Hari on Mar 17, 2020

Very informative and a good read as well.

Pratibha on Mar 03, 2020

good article. Can you share more detail

Isha on Feb 24, 2020

Very helpful in understanding the law.

Sushant on Mar 26, 2020

needed a lawyer….what is the procedure?

Nitish on Mar 04, 2020

amazing article

Manisha on Feb 22, 2020

very nice article

Shyam on Mar 14, 2020

thanks for the information

Sumit on Feb 29, 2020

its very helpful on the subject

Rupesh on Mar 22, 2020

who can I contact for my legal case?

Mamta on Feb 15, 2020

Answered all my legal queries.

Anurag on Mar 19, 2020

good work. Keep it up

Jyoti on Feb 10, 2020

nice artcile

Gayathri on Feb 27, 2020

how to contact a lawyer from your website

Harpreet on Feb 21, 2020