Index

1. How to File A Criminal Complaint?  
2. What Are The Steps To Take If Your FIR Is Not Registered?
3. What Are The Steps To Take After Filing An FIR In India?
4. What Is The Investigation Process After Filing An FIR? 
5. What Is A Zero FIR In India?
6. Which Information Is Needed To File A Criminal Complaint In India?
7. What A Vakalatnama Should Include When Filing A Criminal Complaint In India??
8. How To File A Criminal Complaint With A Judicial Magistrate In India?
9. What Is An e-FIR?

How To File A Criminal Complaint?

1. Gather as much information as you can before filing your complaint. This helps make sure your complaint is taken seriously. Take photos or videos of the scene if possible, especially if the incident happened at night. This evidence can be important if your complaint goes to court.
2. Once you have gathered all the evidence, contact the police department responsible for investigating the case. Provide them with copies of your evidence, such as photos and videos, and contact information for everyone involved.
3. Verify the location of the police station where you need to file your FIR. You can find the police station locator online or on a map.
4. Clearly state that this is a criminal complaint and not a minor issue. The sooner your case is investigated, the better your chances of getting justice.
5. Remember, the process can take a long time. You might change your mind about pursuing criminal charges and opt for a civil lawsuit instead. Not all cases are handled quickly because detectives need enough proof to charge the suspect.
6. Complete the forms provided by the police department and submit them with all required documents. Keep a copy of all forms for your records.
7. If your complaint is about an election offence, provide additional documents like voting slips or election cards.
8. Pay any applicable fees required by the Indian authorities. Finally, wait for a response.

What are the steps to take If Your FIR Is Not Registered?

1. File a Complaint with the District Magistrate: If your FIR is not registered, you can file a complaint with the district magistrate. This can be done online and is a straightforward process. You will need to provide documents like your passport and proof of residence. The magistrate will record your complaint and give you instructions on the next steps. Remember, simply filing a complaint won’t lead to legal action, you must also provide witnesses and evidence to support your case.
2. If the district magistrate doesn’t address your concerns, or if the situation becomes complicated or dangerous, you might need to take the matter to court. You may need to hire a lawyer or file several documents yourself.

What are the steps to take After Filing An FIR In India?

After filing an FIR, wait for a response from the authorities. The process can take time, so be patient. Here are some guidelines to follow:

1. Monitor Updates: Check the police website or social media accounts for updates.
2. Follow Up: Contact the police department if you haven’t heard back by a certain date.
3. Stay Calm: Be patient, as the process can be frustrating but will eventually lead to justice.
4. Privacy Concerns: The police will use your identity and contact information only for investigating the case. No other information will be shared without your permission.

What Is The Investigation Process After Filing An FIR? 

1. The police will start investigating the case, which can take days or weeks.
2. They may request additional information from you or others with knowledge of the case.
3. Once all information is gathered, the police will submit a report to the court with their findings.
4. You or others with relevant information can request an investigation. Consult an attorney before making any statements.
5. The investigating agency will prepare a charge sheet containing witness affidavits and evidence. This will be submitted to the court for review and decision.

What Is A Zero FIR In India?

A Zero FIR is a criminal complaint filed by the police without sufficient evidence or a clear offence. When the police do not have sufficient evidence to initiate an investigation or file charges against anyone for a crime, they may take specific actions. Reasons for filing a Zero FIR include:

1. Insufficient evidence to prosecute someone.
2. No eyewitnesses or information suggesting a crime was committed.
3. Need for more information before deciding to charge someone.

For example, if the police suspect terrorist activity or drug trafficking at a specific address during an investigation, they might file a Zero FIR to gather more information. In such cases, they must follow up with further investigations or apply for search warrants, as required by constitutional and Supreme Court rulings.

Which Information is Needed To File A Criminal Complaint In India?

To file a criminal complaint in India, gather the following information:

1. Accused person’s name
2. Your contact details
3. Date and time of the alleged crime
4. Description of what occurred
5. Any physical evidence available
6. Contact information of any witnesses

What A Vakalatnama Should Include When Filing A Criminal Complaint In India?

A vakalatnama is a legal document that authorises a lawyer to represent and act on behalf of a client in court proceedings.

When filing a criminal complaint in India, your vakalatnama should include:

1. Your full name and address
2. Date of the incident
3. Description of what occurred
4. Names and addresses of those involved
5. Details of any weapons or injuries
6. A statement of intent to file a police report and pursue legal action
7. Your signature

How To File A Criminal Complaint With A Judicial Magistrate In India?

1. If you’ve been a victim of a crime, start by reporting it at the nearest police station. 
2. Then, go with the police to the judicial magistrate’s office. 
3. Fill out a form called ‘Citizen’s Complaint – Information’ and pay the required fee.
4.  Let the investigation proceed, and if needed, ask the magistrate to conduct a preliminary inquiry.
5. When you submit a written complaint, the magistrate will examine you and any witnesses who signed the complaint.
6. If it is not a written complaint, the magistrate must examine the complainant and witnesses unless the complainant is a government official performing official duties. If the magistrate transfers the case to another magistrate, that magistrate must conduct the trial or inquiry as per Section 192.

What Is An e-FIR?

An e-FIR, or Electronic First Information Report, is an online version of a traditional police report. It allows people to file reports of crimes or accidents through a police department’s website or mobile app, eliminating the need to visit a police station in person. Each e-FIR generates a unique transaction number for the complainant to use for future reference.