What is the procedure to file a non-cognizable complaint?

A person wants to know the procedure to file a non-cognizable complaint before the police station.


As per your query , Non cognizable offence means in which a police officer has no authority to arrest without warrant. Information about such offences is to be given in a similar manner as explained under F.I.R.. The officer in-charge would reduce the complaint in writing (about commission of IN on cognizable offence ) and give a copy thereof to the complainant free of cost. No police officer can investigate a non-cognizable case unless he obtains prior permission of a Magistrate having power to try such case.

To file a Non Cognizable complaint, the details of the incident i.e. complaint should be written on a plain paper with the following details:
a) Name , address, phone number, age of the complainant.
b) Name , address,phone number, age of the accused
c) Date and time of occurence of crime.
d) Complaint in detail describing every minute detail.
e) Any material evidence in support of complaint (phone call recordings, photographs or any other documentary evidence etc)

Once you file the complaint, police will register the FIR under Section 154 of Code of Criminal Procedure, 1973. Once the FIR is filed, the accused is either issued a notice under Section 41(A) of Code of Criminal Procedure, 1973 to present his side or brought to the police station directly by police authorities. Once the accused presents his side of story, his statement is then recorded. In case of any witnesses, their statement are also recorded under Section 161 of the same code. Subsequently a crime number is issued, charge sheet is filed and the matter is presented to court for trial.

Reference: Section 41A
Code of Criminal Procedure, 1973
Notice of appearance before police officer.

(1) [The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.



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