Complaint

June 8, 2024

A complaint in the Indian legal system is a formal written statement submitted by a plaintiff in a civil case or by a complainant in a criminal case, outlining the facts and legal reasons they believe justify a court’s intervention. In civil law, a complaint initiates a lawsuit by detailing the plaintiff’s claims against the defendant, including the relief sought. It must be filed in the appropriate court having jurisdiction over the matter. The process is governed by the Code of Civil Procedure, 1908 (CPC). In criminal law, a complaint can be made to a magistrate under Section 2(d) of the Code of Criminal Procedure, 1973 (CrPC), who can then take cognizance of the offence and initiate proceedings. A complaint must contain sufficient details of the alleged offence, the parties involved, and supporting evidence. It serves as the foundation of legal proceedings, providing the court with the necessary information to adjudicate the matter. The accuracy and clarity of a complaint are crucial, as it sets the stage for the judicial process, including hearings, trials, and judgments, ensuring that justice is served.

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