PCR Complaint - Kunal

Submitted by- Kunal Badesra, 2482
Difference between PCR Complaint and Personal Complaint.
PCR means personal criminal complaint. A criminal complaint can either be lodged with
police or it can directly be filed in the court of Magistrate. If the charges gets proved, the
accused can be arrested by the order of Magistrate.
Submitting a FIR or a complaint might be a difficult undertaking. Nonetheless, reporting any

crime seen is an essential obligation and duty. The cops cannot begin their investigation
without it. There are two common methods for reporting an offence to the appropriate
authorities: filing a First Information Report (FIR) under Section 154 of the CrPC or filing a
Complaint with the Magistrate. As a result, it is critical to understand the fundamental
differences between the two methods in order to make an informed decision.
In India, the police are the primary investigative agency. According to Section 39 CrPC, it is
the public's responsibility to provide information to the police in the case of the conduct of
certain major offences. The process for bringing the conduct of an offence to the attention of
the appropriate authorities is determined by the nature of the offence committed.
Offenses under the criminal process code are classified as cognizable or non-cognizable. A
cognizable offence, as defined in S.2(c) CrPC, is one for which a police officer may arrest
without a warrant in line with the First Schedule. These are public wrongs that are regarded
significant offences.
For example, rape, murder, and so on. Non cognizable offence, as stated in S.2(l) CrPC, is an
offence for which a police officer does not have the jurisdiction to arrest without a warrant.
These are usually private wrongs, little and insignificant offences. In terms of the
fundamental distinction between these two sorts of offences, their reporting mechanisms are
likewise distinct. Under Section 154 CrPC, any individual can provide information to the
police about the commission of a cognizable offence, i.e. through a FIR. Nonetheless,
regardless of the nature of the offence, both sorts of offences can be reported.
The first information report, or FIR, is a statement of information regarding the commission
of a cognizable offence that is recorded under section 154 CrPC. The following points outline
a quick study of Section 154 CrPC:
The official in charge of the police station with jurisdiction to investigate the case must be
given information about the commission of a cognizable offence (S.154(1)). If the
information is delivered verbally, it must be transcribed to writing by the official, either
directly or indirectly (S.154(1)).
If the information is supplied in writing or reduced to writing, the informant must sign it, and
the information taken down must be read back to the informant. The informant must be given
a copy of the recorded information. (S.154(2)). But, failure to provide the copy may not
invalidate the trial in every situation.
The court concluded in Lalita Kumari vs. Govt. of U.P. that the provisions of S.154(1) CrPC
are mandatory and that the officer involved is duty required to register the case based on
information supplied regarding the commission of the cognizable offence. Therefore, if no
cognizable offence is established, a FIR does not need to be filed right once. If the police
refuse to record the complaint, S.154(3) provides a remedy in which the informant may
convey the information in writing to the Superintendent of Police concerned.
It is a well-established legal concept that a FIR has no substantive evidence value and may
only be used to confirm the information supplied under Section 157 of the Indian Evidence
Act 1872 or to contradict the informant when summoned as a witness under Section 145 of
the Act.
In the instance of cognizable offences, the police officer initiates an inquiry under S.157 after
filing a FIR.
S.2(d) CrPC defines "complaint" as "any accusation made verbally or in writing to a

magistrate with a view to his taking action under this code that any person has committed an
offence." There is no police report included. Also, if preliminary inquiry reveals that the
offence is a non-cognizable offence, it will be considered a complaint. S.190(1)(a) CrPC
authorises any first-class or second-class magistrate to take cognizance of any offence upon
receiving a complaint of facts constituting such offence. Cognizance indicates that the
magistrate has considered the alleged offence in the complaint.
A private individual may file a complaint with a competent Judicial Magistrate regardless of
whether the offence is cognizable or not. Section 200 CrPC allows the Magistrate to compel
the complainant and any witness to testify under oath. The Magistrate can then issue process
against the accused and initiate an investigation himself, or he can direct an investigation to
be performed by a police officer or any person deemed appropriate to determine whether
there are sufficient grounds to continue or not. If there is no basis in the complaint, the
Magistrate has the authority to dismiss it under Section 203 CrPC.

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Submitted by- Kunal Badesra, 2482

Difference between PCR Complaint and Personal Complaint.

Submitting a FIR or a complaint might be a difficult undertaking. Nonetheless, reporting any

S.2(d) CrPC defines "complaint" as "any accusation made verbally or in writing to a

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