Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Key Takeaways

  • Have you ever been threatened over an SMS/call, by your relative or by a stranger? If yes, this article will help you to draft a complaint letter to Police in case of threatening
  • The golden rule is to be precise and to the point while also being self-explanatory and effective.
  • A complaint does not have to be submitted by the individual who has been harmed, but it can be filed by anybody who is aware of the wrongdoing.
  • The complainant's name, the accused's name, and the offences for which you are filing a complaint should all be included in the headline
  • The complaint should be made to the appropriate police authority, such as an SHO (Station House Officer), ACP (Assistant Commissioner of Police), DCP (Deputy Commissioner of Police), or CP(Commissioner of Police).
  • Courier, Speed post, and email are the additional modes of communication.
  • It may come as a surprise to learn that a phone call to the police station counts as a police complaint and is considered genuine under the law.
  • Various samples have been provided through the article for the readers understanding.

Introduction

A police station is a location that is responsible for maintaining peace and order in a given region among the local population. If anything illegal occurs in that particular area, it is the duty and responsibility of the police officers to take the necessary measures.

When drafting a police complaint, the golden rule is to be precise and to the point while also being self-explanatory and effective. Before we write the police complaint, we must consider what the complaint is about, what has to be done, and what we desire, and then proceed appropriately.

A complaint is defined in Section 2(d) of the Code of Criminal Procedure, 1973.

For your convenience, the following is repeated: A "complaint" is an accusation made orally or in writing to a Magistrate, with the intent of him taking action under this Code, that some person, known or unknown, has committed an infraction, but does not include a police report.

Explanation.- A police officer's report in a case that reveals the commission of a non-cognizable offence after the investigation is regarded to be a complaint, and the police officer who made the report is presumed to be the complainant.

A Formal Letter Is A Letter Written To The Police

  1. It is written to notify the police (or a police official) of a specific circumstance, to file a complaint, or to report any other type of disturbance or problem that the sender is experiencing.
  2. It is a letter requesting that the police take the required steps to resolve the situation described in the letter.
  3. It expresses the problem plainly and concisely.

Format Of The Letter

Although there is no set structure for registering a complaint, the following points should be taken into account.

  • To begin, the complaint must include a date and time at the top, extreme right-hand corner. This will assist us later on in the process when we are trying to get an FIR lodged and maintain track of our communications with police officers, as there may be multiple complaints.
  • The very left-hand side must state to whom the police complaint should be addressed, such as the Station House Officer / SHO or higher police officers, depending on the situation.
  • The Complaint must be presented to a Police Officer for action under the Criminal Procedure Code.
  • A complaint does not have to be submitted by the individual who has been harmed, but it can be filed by anybody who is aware of the wrongdoing. This indicates that even if a person has information of an offence, he is obligated to inform the police officer concerned. He does not have to be a complaint, which is why the phrase "informant" is used in the First Information Report (F.I.R.).
  • A complaint can be lodged by anybody who is aware of the offence, not just the person who has been injured. Any person, whether or not he has suffered any specific injury, has the right to file a complaint in the event of a breach of general law.
  • For police officers to determine and grasp the complaint in a nutshell, the complaint must have a short header. The complainant's name, the accused's name, and the offences for which you are filing a complaint should all be included in the headline.
  • There are three levels to the complaints body.
  • The first level lays out the initials of the complainant's story, i.e. the first level complaints body must carry the contents of the incident in simple words, in a crisp manner what happened to the complainant. The complaint body must begin with the time and date when the accused first became aware of the complaint, how the accused interacted with the complainant, and so on.
  • The second level covers a timeline of events that occurred after the complaint was filed, as well as what went wrong that led to the filing of the current complaint. It is vital to highlight that mentioning an incorrect portion does not invalidate the complaint's character.
  • The third level must include the prayer clause as well as the complainant's entire information, including parentage, residence, and working phone number. The supplication clause should clearly state what action you are requesting from the Station House Officer/police official. In the interest of justice, it is usually requested that the FIR be registered and that the offender be arrested and brought to justice.
  • The objective of providing your contact information is so that if the police begin an investigation into your complaint, the complainant can be reached so that police authorities can obtain any missing details or update you on the status of your complaint.

Communication Of The Letter

  • Take two copies of your complaint after you've finished it. One copy is for the officer who signed it, while the other copy is for the complainant. The complaint should be made to the appropriate police authority, such as an SHO (Station House Officer), ACP (Assistant Commissioner of Police), DCP (Deputy Commissioner of Police), or CP(Commissioner of Police).
  • The preferable method of communication is for the complaint to be delivered in person to the officer's concerned office. Any complaint provided to a police officer is duly recorded in their Daily Diary (D.D.) Register and a formal receipt are issued in the Second copy by approving the Police Officer's Stamp and writing the DD Number.
  • The identity of the investigating officer, his phone number, and the time and date the complaint was received will all be included. Courier, Speed post, and email are the additional modes of communication. It may come as a surprise to learn that a phone call to the police station counts as a police complaint and is considered genuine under the law.
  • It was requested that the working emails of every official of the Delhi Police be made available online in order to proceed, the said request was taken in good spirits and welcomed by the Commissioner of Police, and an email id of every SHO / DPO was made available online.
  • Now, a person may quickly file a complaint from the comfort of their own home, without having to deal with the hassles of going to the police station and waiting for a long time or facing adversities.
  • Every police officer's phone number is listed on the internet. As a result, it is recommended that you follow up on the progress of your complaint and request regular information on the status of the complaint you submitted.

Sample Of A Complaint

To, Dated:-13.06.2018
The SHO,
Police Station XXXX,
New Delhi

Write the official post of the Police Official – SHO (Station House Officer) ACP (Assistant Commissioner of Police)/ DCP (Deputy Commissioner of Police)/ CP (Commissioner of Police))

Complaint on behalf of Sh. XX Aged X, S/o Sh. XXXX, R/O XXXX against Sh. XXXX, S/o Sh. XXXX, R/O XXXX for the offences of XXXX IPC

(Subject of the complaint which must contain your details and details of the Accused and the offences as per your knowledge and complaint)

That the complainant’s name is Sh. XXXX and the present complaint is being filed as XXXX(body of the complaint which would include details of the complaint)

It is prayed that an FIR may kindly be registered and the accused be arrested and brought to the books and tried as per law. (prayer clause)

From:-
Sh. XXXX, Aged XXXX,
S/O Sh. XXXX,
R/O XXXX.
Mobile No. XXXX
(Details of the complainant)

Sample II -

House No. 765
Punjabi Bagh West,
New Delhi, 110254

Date - 06 September 2020,

To,
The Police Inspector,
Punjabi Bagh West,
Delhi District


Subject - Regarding a theft attempt in house number 684 on September 5, 2020,

Sir,

I am writing to inform you that on the afternoon of September 5, 2020, there was attempted theft at my residence, numbered 765.

After descending from the roof, the thief attempted to enter through the back door. Fortunately, he was noticed by a neighbour, who promptly alerted us. My wife and children were worried, and the society guard was notified. The guard, however, was unable to apprehend him, and the burglar fled. With the letter, I've included a CCTV recording.

For the past few weeks, there have been a lot of theft occurrences in our region. Because this is a question of our safety, I suggest that you investigate the situation and take appropriate action as soon as possible. I eagerly anticipate your kind aid in this matter.

Thank you,

Yours sincerely
Basant Kumar


Complaint About Threatening

A threatening occurrence occurs when one person threatens the other's life or causes substantial damage to the other. The incident is entirely illegal and thus criminal under the law; nonetheless, the occurrence must be reported to the police station so that further action can be done against it.

Sample Of Complaint About Threatening Phone Calls

Sample I -

To,
In-charge,
Powai Police Station,
Date - XXX
Subject: A threatening phone call has been made to me.

Sir/Madam

I would like to file a complaint regarding a threatening phone call I received on my landline yesterday (date) at about 8.30 p.m. (XXXXXXXX). The caller did not say who he was. He began abusing me in a disgusting manner before telling me to stop what I was doing and leave, or else... He stated that we would give you 15 days. This call number could not be traced specifically, although it was most likely from 9690637733 (mention the phone no.) A call from 8810682624 arrived five minutes later. The caller inquired, "Doctor, are you there?" in a rather harsh tone this time. No, I said. He hung up on the phone.

On March 9, 2019, three mystery people arrived under the guise of enquiring about my passport application. They made some basic enquiries about our family and my previous involvement with some of my relatives and colleagues (mention the person here). After this, I told them I had not filed for a passport, and then they left. I had filed this complaint with you and had also forwarded a copy to the Mumbai Commissioner of Police. (Copy enclosed)

Please file a complaint and take appropriate action.

Regards,
Your name (XXX)
Your designation (XXX)
And your other details


Sample II -

Agapito A. Agpasa
Bukidnon Police Superintendent
Malaybalay City,
Date - 20th September 2013

Respected Sir
Greetings

I am (insert your full name here) and I live at 346 Barra in Malaybalay City, Bukidnon. I'm writing to you because I'm afraid I'm going to have a nervous breakdown since someone keeps contacting me and threatening me, even late at night and early in the morning. Because of this, I couldn't obtain a good night's sleep.

My job has already been impacted. This bothers me a lot, especially when I'm outside the house or at work. I have the impression that someone is following me and watching my every move. Please assist me so that it can be stopped before I become paranoid.

If it is necessary, I am willing to invite you or one of your investigators to my home. You can also reach me at 212-4563 for more information on my complaint.

Please file my complaint

With sincere gratitude,
Your name
Your designation
Other information of the complaint

Important Case Laws

1. Priyanka Srivastava and Others vs. State of Uttar Pradesh and Others -

  • The Hon’ble Supreme Court of India held and described the procedure to be followed for getting an FIR registered in Priyanka Srivastava & Anr vs. State Of U.P. & Ors. decided on March 19, 2015, by a Bench of Hon’ble Justice Dipak Misra and Prafulla C. Pant
  • In a nutshell, the decision upheld and described how a complainant can get his FIR registered. It was decided that preceding petitions under Sections 154(1) and 154(3) must be filed before a petition under Section 156(3) can be filed.
  • To understand Sections 154 (1) CrPC, 154 (3) CrPC, and 156 (3) CrPC, we must read them carefully. In a nutshell, Section 154 (1) CrPC states that if a complainant has any grievance or complaint, he or she must report it to the concerned Police Station/ Station House Officer/ SHO, either in writing or orally.
  • If the SHO refuses to register an F.I.R. or act on the complainant's complaint, he or she must report his inaction to his higher officials, i.e. ACP (Assistant Commissioner of Police), DCP (Deputy Commissioner of Police), or CP (Commissioner of Police), as per Section 154 (3) CrPC.
  • If the responsible ACP/DCP/CP refuses to act on your complaint or does not act on your complaint, the complainant may approach the concerned magistrate under Section 156 (3) Cr.P.C. to request the court's assistance in registering an FIR and acting on the complaint.

2. Amit Khera v/s Govt. of NCT of Delhi & Ors.

  • The Hon’ble HIGH COURT OF DELHI decided and observed in Writ Petition (Crl.) 804 of 2008 Amit Khera V Govt. of NCT of Delhi & Ors. that an oral complaint made to a police officer falls within the purview of Section 2 d, Cr.P.C. and must be registered as a complaint in a judgement dated August, 11th 2010.
  • It also stated that no formal written complaint is required, and that an oral complaint is sufficient to initiate an investigation and is well covered by the law, and that the contrary judgments of the Ld. Metropolitan Magistrate and the Ld. Sessions Judge were overturned, and that the Police Official be directed to file an FIR immediately.

3. Lalita Kumari vs Govt of U.P. & Ors

  • The Hon'ble Supreme Court of India, in Lalita Kumari vs Govt of U.P. & Ors, held/observed in WRIT PETITION (CRIMINAL) NO. 68 OF 2008 by a Bench of Hon'ble Judges namely P Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde, the directions as to how a complaint would be entertained.
  • The following instructions are very important and are repeated here for your convenience: -

a. If the information reveals the commission of a cognizable offence, an FIR is required under Section 154 of the Code, and no preliminary inquiry is permitted in such a case.

b. If the information obtained does not reveal a cognizable offence but signals the need for an investigation, a preliminary investigation may be performed just to determine whether or not a cognizable offence has been revealed.

c. The FIR must be filed if the investigation reveals the commission of a cognizable offence. If the preliminary investigation leads to the complaint being closed, the initial informant must receive a copy of the closure entry as soon as possible, but no later than one week.

d. If a cognizable offence is divulged, the police officer cannot evade his obligation to register the offence. If evidence obtained by him reveals a cognizable offence, action must be taken against erring officers who fail to register the FIR.

e. The purpose of the preliminary investigation is not to verify the accuracy or otherwise of the information obtained, but rather to determine whether it discloses any cognizable offence.

f. The type of preliminary investigation to be done and in which cases will be determined by the facts and circumstances of each case. The following are the types of cases in which a preliminary inquiry may be conducted: a) Family and matrimonial disputes b) Commercial offences c) Cases of medical malpractice d) Cases of corruption e) Cases in which there is an unusual delay/lack in beginning criminal prosecution, such as a three-month delay in reporting the problem without providing a satisfactory explanation for the delay. The foregoing are merely examples and not an exhaustive list of all conditions that may necessitate a preliminary investigation.

g. While safeguarding and protecting the rights of both the accused and the complainant, a preliminary investigation shall be time-limited, not exceeding seven days in any case. The fact of the delay, as well as the reasons for it, must be recorded in the General Diary.

h. Because the General Diary/Station Diary/Daily Diary is a record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in the filing of an FIR or leading to an inquiry, must be meticulously reflected in said Diary, as well as the decision to conduct a preliminary inquiry, as mentioned above.

Conclusion

A person or a business can make a complaint with the police department about something for which they want legal action taken. This letter should clearly state the problem, what the complaint would like to be done about it, a solution to improve the situation, the date the event occurred, and any documentation that is available. This letter should be written in a formal tone and written in an official language.


"Loved reading this piece by Basant Khyati?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Click here to join our Telegram group.


Tags :



Category Others, Other Articles by - Basant Khyati 



Comments


update
Post a Suggestion for LCI Team
Post a Legal Query