Can a complaint be made before the Magistrate verbally, by post or telegram?

When a person is the victim of a cognizable or non-cognizable offense, they can file a complaint directly with the competent judicial magistrate. This complaint is referred to as a "complaint petition" in criminal cases and a "petition" in civil cases. The question arises: can a person file a complaint with a magistrate orally, by telegram, or by post? Let's explore the answer based on the Indian Criminal Procedure Code, 2023:

Definition of Complaint as per Section 2(1)(j) of the Indian Criminal Procedure Code, 2023:

A complaint to a magistrate, whether oral or written, stating that some person, known or unknown, has committed an offense, shall be deemed to be a complaint. However, an FIR registered by the police in a cognizable offense will not be considered a complaint. In contrast, an NCR (Non-Cognizable Report) registered by a police officer in a non-cognizable offense will be considered a complaint.

Supreme Court's Interpretation in the Case of Ganesh vs. Sharanappa:

In the case of Ganesh vs. Sharanappa, the Supreme Court held that a complaint refers to an allegation made to a magistrate, either orally or in writing, imputing an offense. A complaint can also be sent to the competent magistrate by post or telegram.

Summary:

A person can file a complaint with a magistrate orally, by telegram, or by post.

The complaint must be made to the competent judicial magistrate.

The complaint must allege that some person, known or unknown, has committed an offense.

In a cognizable offense, an FIR registered by the police will not be considered a complaint.

In a non-cognizable offense, an NCR (Non-Cognizable Report) registered by a police officer will be considered a complaint.

Additional Points:

It is advisable to file a written complaint for better documentation and record-keeping.

If the complainant is unable to file a written complaint, they can request a court official to assist them.

The magistrate will examine the complaint and decide whether to initiate further proceedings. 

Disclaimer - This information is only for education and awareness. Please contact an advocate authorized by the Bar Association before taking any kind of legal action.