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Sreeni (Others)     15 March 2014

Does fir contain ipc section numbers.

Dear Experts,

I have a preliminary question.

When a complaint (NCR) / FIR is given in the police station, do I need to give the IPC sections under which the violations are made in my complaint. I am asking this because I am currently a law student and hence just learnt various sections as part of curriculam. :-)

 

Regards,

Seenu



 11 Replies

T. Kalaiselvan, Advocate (Advocate)     16 March 2014

As a complainant, one need to describe only the event/incident, the police will decide about the sections and provisions of law.

Sreeni (Others)     16 March 2014

Thanks for the response sir.

Dr J C Vashista (Lawyer)     16 March 2014

Yes, it is mentioned therein

Sri Vijayan.A (Legal Consultant)     16 March 2014

Complainant cannot know the sections.

Complainant is an ordinary man of ordinary prudence.

 

So, he can give the narration of the incident/s.

Sreeni (Others)     16 March 2014

Dear Dr.J.C.Vashista,

i did not understand the meaning of your response "Yes, it is mentioned therein".

Can you elaborate more?

In summary I understand from above responses that there is no need to mention the IPC sections in the FIR / NCR..

However is there any benifit to police if the complainant provides these details also - during the process of investigation?

-Seenu

Biswanath Roy (Advocate)     17 March 2014

You may describe your complaint  in accordance to the ingredients of a particular provision of law so that it will fall within the desired section...

Sreeni (Others)     17 March 2014

Hello sir, Thanks for clarification. I will take a note of this important information. -Seenu

Dr J C Vashista (Lawyer)     18 March 2014

The complainant, in ordinary prudence, need not mention sections of IPC, which has to be mentioned by Duty Officer PS, lodging FIR.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2014

Dear Seenu

there is no specific rules regarding mention the sections or not. if the complainant file a complaint before police without mention the section then it is duty of police to mentioned the appropriate sections. if the complainant is not satisfied with the sections mentioned by police then the complainant may file another application to add another sections.

Feel Free to Call

SANJAY GUPTA (Advocate)     18 April 2014

you need not to mention sections in the complaint but if police wants they can take further statements of complainants to verify of truth and may add more sections in complaint.

priyan Sharma (Officer)     31 May 2014

Actually it is the duty of the investigating agency to see that what crime has been done. The complainent is required to narrate the incident only. 


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