detail procedure of Private Complaint! Tariq Mahmmod Bhalli AHC! Mr.Laws
Channel: Mr. Laws
Date: 2023-08-17

Under Section 200 of the Code of Criminal Procedure (CrPC), any person can file a private complaint before a Magistrate seeking the initiation of criminal proceedings against an accused for the commission of an offense. This provision allows individuals to directly approach the court when the police have not taken action on their complaint.

To file a private complaint under Section 200 CrPC, the following steps need to be followed:

1. Draft the complaint: Prepare a written complaint that contains all the essential details of the offense committed, such as the date, time, and place of the incident, the names of the accused, and a clear description of the offense.

2. Affidavit: The complainant must swear an affidavit before a Notary or Magistrate, affirming the truthfulness of the contents stated in the complaint.

3. Present the complaint: Take the complaint along with the affidavit to the concerned Magistrate's court having jurisdiction over the offense.

4. Recording of statement: The Magistrate will examine the complainant upon oath. It is essential to provide all relevant facts and present any supporting evidence available to substantiate the allegations.

5. Examination of witnesses: The complainant can request the Magistrate to summon witnesses who can provide evidence in support of the complaint. The court may also summon other witnesses on its own.

6. Submission of documents: If any documents, such as photographs, videos, or medical reports, are essential for the case, the complainant should submit them to the court.

7. Sworn statement by witnesses: The witnesses, once summoned, will be examined under oath. Their statements will be recorded by the Magistrate.

8. Evaluation of evidence: The Magistrate will evaluate the evidence produced by the complainant and the witnesses. If there is a sufficient ground for proceeding, the Magistrate may issue process (summons/warrant) against the accused.

9. Summoning the accused: If the Magistrate finds merit in the complaint, the accused will be served a summons to appear before the court. In certain cases, an arrest warrant may be issued if the accused fails to appear.

10. Trial: The subsequent proceedings will involve the trial of the case, where both parties will have an opportunity to present their evidence, call witnesses, and make their arguments. The Magistrate will then decide on the guilt or innocence of the accused.

It is important to note that the procedure under Section 200 CrPC may vary depending on the specific laws and rules of each jurisdiction. Therefore, it is advisable to consult with a local legal expert or lawyer familiar with the applicable laws and processes.