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Showing posts with the label 1898. 18th BJS Preparation Series.

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.

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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 t...