Difference between Complaint and FIR

1. Complaint is defined under section 2(d) of CrPC.
FIR is given under Section 154 of CrPC.

2. Complaint is an allegation which is made orally or in writing to a magistrate.
FIR is given to an officer in charge of a police station.

3. A complaint may relate to a cognizable offence or non-cognizable offence.
FIR is related to a cognizable offence.

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Difference between Inquiry and Trial

1. A trial is always for an offence. An inquiry does not necessarily relate to only offences.

2. A trial ends in acquittal or conviction of an accused. An inquiry into a offence never ends in a conviction or acquittal.

3. Trial is the examination and determination of cause by a judicial tribunal. Inquiry includes every inquiry other than a trial conducted by magistrate or court.Keep Reading

Difference between Investigation and Inquiry

1. An investigation is made by a police officer or by some person authorised by a magistrate. Inquiry is made by magistrate or court. Investigation is never made by magistrate or court.

2. The object of an investigation is to collect evidence for the prosecution of the case. The object of inquiry is to determine the truth or false of certain facts with a view to take in further action…Keep Reading

Plea Bargaining explained

The concept of plea bargaining has been taken from USA. It was added in 2006. It is also one of the ways of ADR. (Alternative Dispute Resolution)

Who may apply for plea bargaining?
According to section 265B a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.Keep Reading

Mutual Satisfactory Disposition

According to section 265C of CrPC, in working out a mutually satisfactory disposition, the court shall follow the following procedure.

When a case is instituted on a police report, the court shall issue notice to the public prosecutor, the P.O/I.O (police officer/investigating officer) who has investigated the case, the accused and the victim of the case to participate in the meeting to work our a satisfactory disposition of the case.Keep Reading

Cases where plea bargaining is allowed

1. Offence where punishment is not more than 7 years.

2. The offence which are not against the women and children.

3. The offence which does not affect the socio-economic condition of the country.

The central government has determined the offences which are affecting the socio economic condition of country-
Dowry Prohibition Act, 1961Keep Reading

Who may apply for plea bargaining

According to section 265B, a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.

The application will contain a brief description of the case and shall be accompanied by an affidavit. After receiving the application the court shall issue notice to the public prosecutor or the complainant of the case as the case may be and to the accused to appear on date fixed for the case…Keep Reading

Can we file FIR on telephone

Cryptic (mysterious, confusing, mystifying, perplexing, puzzling, obscure) and ambiguous (open to debate/argument, arguable, debatable; obscure, unclear, imprecise, vague, abstruse, doubtful, dubious, uncertain) telephone message which do not clearly specify a cognizable offence cannot be treated as FIR.

But where there is proper information about the commission of a cognizable offence and is reduced in writing by police officer then it can be treated as FIR.Keep Reading

Criminal Procedure Code Chapter I

CHAPTER I – PRELIMINARY An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows. 1. Short title, extent and commencement. (1) This Act may be called the Code of Criminal Procedure, 1973.Keep Reading

Crpc Chapter IV - Powers of Superior Officers of Police

CHAPTER IV A) POWERS OF SUPERIOR OFFICERS OF POLICE  36. Powers of superior officers of police. Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by suchKeep Reading