conversion of FIR into Private Complaint

Tilak Marg Forum for Legal Questions Forums Criminal Law conversion of FIR into Private Complaint

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months ago.

  • Author
    Posts
  • #5296

    JD Joshi
    Guest

    R/Sir,

    Can you suggest me under which section of CRPC, Registered FIR will be convert into Private Complaint? If it is possible, then please give me relevant judgement of higher court.

    -JD JOSHI

  • #5302

    This appears to be an academic question, which we don’t reply on this Forum.

    Anyway, if FIR is registered by police and after investigation, it is found that it discloses only a non-cognizable offence, then the police report (on the basis of the FIR) is considered as a (private) complaint and the police officer filing such report is treated as complainant. See Explanation to Section 2(d) of the Cr.P.C.

    Also, if police has closed investigation and has submitted closure report under Section 173 Cr.P.C., then the complainant is given a chance to file his protest petition. In such a situation, some times, the complainant is given a chance to conduct the case as a private complaint case even though FIR was filed in such case.

         


    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.

You must be logged in to reply to this topic.

You may also like to read these topics:

what is equivalent of innocence till proven guilty mandate/dictum in india?
Non Bailable warrant not executed by the Police
Special public prosecutor - Can de facto complainant ask for appointment of?
Under Perjury Crpc Section 340 - judge not taking action

Facebook Comments

[Note: For a free legal question with your Facebook login, click here.]