Criminal pleading and practice

There are two type of criminal proceeding

1.        By State

2.        By Individual

The subject of criminal pleading has been subdivided in to four chapters, IV, V, VI, and VII. The chapter IV and Vth deal complaint, chapter VI with defence and chapter VII with miscellaneous applications.

Complaint

Complaint means the allegation made orally or in writing to a magistrate with a view to his taking action under the Code of Criminal Procedure, that some person whether known or unknown has committed offence but It does not include the report of a police officer.

“2(d) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code,that some person, whether known or unknown, has committed an offence, but does not include a police report.”

Who can become a complainant?

It is clear from the definition of complaint that it is not necessary that the complainant shall be same the party directly aggrieved by the commission of offence.

[2(wa)"victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir;]