18th BJS Preparation Series-The Code of Criminal Procedure, 1898:Question-What are the two courses open to an aggrieved person under the criminal law.

Question. What are the two courses open to an aggrieved person under the criminal law? 

Answer: Complaint petition and F.I.R. (First Information Report) are the two courses open to an aggrieved person under the criminal law.

Reasons: When an offence is committed, the victim or the aggrieved party files either a complaint petition before the Judicial Magistrate/Chief Judicial Magistrate or lodges an F.I.R. before the officer-in-charge of a police station. Thus, F.I.R. and complaint are the two ways by which a criminal case may be initiated. An F.I.R. is lodged only when a cognizable offence is committed (section 154, Cr. P.C.) but complaint petition may be filed in case of cognizable as well as non-cognizable offences [section 2(h), Cr. P.C.]. However, normally in the case of cognizable offences like murder, dacoity etc., the basis of initiation of criminal case is an F.I.R. and not a complaint.

Thus, it can be said that F.I.R. before police and complaint petition before the magistrate are the two courses open to an aggrieved party under the criminal law.

NOTE: In section 2(h), the term 'offence' has been used and it does not use the terms like cognizable or non-cognizable offence.

 

Prepared by-Nazmul Hasan.

Senior Judicial Magistrate at Bangladesh Judicial Service.

LL. B (Hons) First Class First, University of Rajshahi

Prime Minister Gold Medalist - 2017

 Agrani Bank Gold Medalist for Academic Excellence – 2023.

LL.M First Class University of Rajshahi

11th BJS (Bangladesh Judicial Service), Merit Position-7^th

Writer of the e-book named: Comprehensive Strategy for Excelling in the 18^th Bangladesh Judicial Service Examination.