FIR or Magistrate – what is preferable when I have sufficient evidence

Tilak Marg Forum for Legal Questions Forums Criminal Law FIR or Magistrate – what is preferable when I have sufficient evidence

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

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  • #5310


    Sir, Under IPC 420, am in confuse that whether should i lodge a complaint in police station or Magistrate, because in my case, I have complete evidence to prove accused person was intentionally cheated me, I feeling that there is very low scope to police for investigation, and the police station officer is also very close to accused thats why, I fearing to lodge a complaint in police station, what is procedure to file complaint directly in magistrate and is possible without going to police stati

  • #5316

    In a cognizable offence (such as under Section 420 IPC), it is always better to give report to the police under Section 154 Cr.P.C. and get the FIR registered. Whatever evidence you have can be given to the police. The police can make a thorough investigation. There are certain things in the investigation which can only be done by police or can be done in a better manner by police, such as obtaining handwriting examiner’s report, arresting accused, conducting searches, seizing documents, examining witnesses, etc. It may not be possible for you to do most of these things as a private complainant. Moreover, in case of FIR, after charge sheet, the prosecution will also be carried out by the public prosecutor, at no expense or inconvenience to you; and it will be easier for police to ensure presence of witnesses during trial.

    If you file a private complaint with the magistrate court directly, instead of filing the FIR with police, then it will be your responsibility to collect all necessary evidence, produce such evidence in court, ensure presence of your witnesses, prove the case, etc. Of course, you can engage a private lawyer to do some of these things. But, all of this will be at your expense. Moreover, you will be expected to remain present in court on all dates, unless the court exempts your personal appearances.

    Sometimes, even if you file a private complaint directly in court, the court may still direct an investigation by police under Section 202 Cr.P.C. or may ask you to file FIR with police. But, even if you insist that you want to pursue the private complaint yourself and the court agrees, the full burden will be on you to prove the case. So, it is for you to decide, but generally FIR is preferable.


    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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