Upgrad LLM

can a citizen(complainant) contest his own criminal case

Consultancy

Looking at the current state of our Society, Its becomming difficult to trust a Public prosecutor.Can I contest my own case if I am a complainant in Criminal Case(Lets say - IPC 376).

Should I make it a private complainant or let the State Contest the Case and I become special Prosecutor of my own Case?

 
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Practicing Advocate

 In case of private complaint you can fight your own case but if the private complaint gets converted into a state case or in a state case itself, you cannot conduct the case as an advocate. The reason for this is that in a state case the offence is againt the whole society and the STATE is the complainant. The STATE is represented by the public prosecutors. However you can file a vakalatnama of a private lawyer of your choice, who will ASSIST  the public prosecutor in the case and can file written arguments. In case if you want your case to be wholly conducted by an advocate of your choice then, you'll have to first obtain permission from the state govt. in respect of the same and that adv. should have a standing practise of at least 10 yrs.


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Advocate

archana g has rightly advised the quarry

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Consultancy

Thanks a lot for your kind Advice. So I can infer that if I (not being an advocate) want to present a IPC 376 case of the Victim in my capacity of being a complainant, I would be able to present,read the charge,cross-examine,argue(written&oral) during the criminal trial.

The necessary condition is that I should file a private complaint in the court rather than going through Police. So what are the benefits that I loose in case of private complaint. One thing is I dont get a free PP from State.What are other dis advantages??

Now what happens to the charge sheet. I believe its still the prerogative of state(Investigating Agency) to file charge sheet. Do I have a say in that?

And if we go through the Police and let it become State Vs Accused, then I being a Complainant cannot argue my case for 2 reasons:-

1. I am not an Advocate.

2. I dont have 10 yrs exp as an advocate.

 
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Practicing Advocate

 No. In case of an offence u/s. 376 IPC, You let the victim file an FIR with the police. Even if the victim files a private complaint u/s. 376, the magistrate will order a police investigation u/s. 156(3) of crpc. And the case will be converted into a state case.

 
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Consultancy

So it means that even after filing a private complaint, we have to depend on a PP provided by state. We cannot have our own  private lawyer(not as assistant to PP).

 
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Practicing Advocate

As I said earlier, if you want to get the case wholly tried by a private lawyer of your choice, you'll have to first obtain permission for the appointment of special PP for the case from the state govt. 

 
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Consultancy

In your first response, you stated that I can  represent as a omplainant in a Private complaint.But now ,it seems that even in a private complaint , I need permission from State.

Is it beause I have mentioned the case is u/s. 376 IPC, but do the proedure of CrPC  in Private omplaints vary as per the section of IPC.

Sorry that I am asking for clarification , but I find your replies contradicting.

 
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Practicing Advocate

 There is no contradictions, please read them again. I said it is better that the victim file the FIR / complaint. And in any case, considering that the  case is u/s. 376 , the court shall order a police investigation u/s. 156(3) of crpc, and the case will be converted into a state case.



 

 

 

 
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Practicing Advocate

 Please understand that an offence U/S. 376 IPC is very serious one. It is cognizable, non-bailable and triable by sessions court. A trial in a court of sessions court is conducted by a PP.  Or by spl. PP if appointed for the case. A magistrate, on receipt of the private complaint, is bound to order for police investigation U/s. 156(3) and then afterwards commit it to the sessions court for trial.

 
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