Police Case vs Private Case

[Sunidhi Chandra]

What is the diff between police case and private case? If we file a police case, don’t we need to engage a lawyer and pay for him because the state gives a lawyer to fight? Also should the complainant be present during every hearing in case of a private complaint? Which is beneficial to the complainant in terms of cost and also presence during hearings? Private case or police case?

[Dr. Ashok Dhamija]

I have already replied to a similar question recently which may be seen at the link: What is the difference between FIR and private complaint?

You may also see: What is meant by private complaint in Cr.P.C.

In police case (based on FIR), the expenses of the investigation and trial are incurred by the Government. In a private complaint, you have to meet the expenses on your own.

Generally, in the case of a private complaint case, it may be necessary for the complainant to remain present in court when the case is listed, but the court may exempt his personal appearance if he is represented by an advocate.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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