Code of Criminal Procedure (CrPC)

Ans: Criminal procedure is set into motion in following ways:

1. by filing an FIR before the Police u/s 154 (cognizable offence) 
2. by filing of report by police after investigation u/s 155 (non-cognizable offence) CrPc.
3. by filing a complaint (section 2 (d) CrPC) before a magistrate.

Ans:  FIRST INFORMATION REPORT (FIR) is information recorded by Police under section 154 (cognizable offence) of CrPC in respect of a cognizable offence. 

Ans:  Section 2(d) of The Code Of Criminal Procedure, 1973 defines complaint.

(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. 

Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non- cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.

Tip: Explanation of section 2(d) of CrPC is to be read with section 155 of CrPC.

Ans: The answer lies in explanation to the term "complaint" under Section 2(d) of the CrPC - which states that a report of police officer after investigation disclosing commission of non- cognizable offence shall be deemed to be a complaint; and the police officer shall be deemed to be the complainant. 

Ans: Section 2 (c ) of the CrPC defines cognizable offence means an offence for which a police officer may arrest without warrant. 

Ans: Section 2 (l) of the CrPC defines non-cognizable offence means an offence for which a police officer has no authority to arrest without warrant.

Ans: Section 2 (w) of the CrPC defines a summons case to mean a case relating to an offence not punishable with death, imprisonment for life or imprisonment for a term exceeding two years. 

Ans: Section 2 (x) of the CrPC defines a warrant case to mean a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.