Rajan Salvi (Lawyer) 29 January 2010

Locus standi of complaijnant.

Can a person who is not the person being cheated file complaint that XYZ has cheated ABC when he himself is neither the beneficiary nor is he in any way connected with the transaction? Explain concept of 'locus standi ' in criminal law especiaaly with respect to offence u/s 420 IPC.

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N.K.Assumi (Advocate) 29 January 2010

Dear Rajan, Well Iam of the view that there is a difference between setting the criminal machinery inti motion and standing in the court populrly known as Locus standi. For instance a person saw a bank being looted can filed FIR or complaint to the Magistrate etc though he has no personal interest or say a murder being committed etc. But standing in court or what we call it as locus Stndi are as followes: "The right of individuals to bring proceedings ... when they are not personally affected (other than of course in their sensibilities) by the law or regulations complained of...."

Lord Denning once wrote, in R v Paddington, that:

"The court would not listen, of course, to a mere busybody who was interfering in things which did not concern him. But it will listen to anyone whose interests are affected by what has been done."

In her book entitled Locus Standi, Australian jurist Leslie Stein defines it as:

"... the existence of a right of an individual or group of individuals ... to have a court enter upon an adjudication of an issue ... before that court by proceedings instigated by the individual or group."

In 604598 Saskatchewan Ltd. v Sask. Liquor and Gaming Authority the Saskatchewan Court of Appeal adopted these words in regards to locus standi:

"A place of standing; standing in court. A right of appearance in a court of justice ... on a given question.

"Roughly speaking, this place of standing, enabling a person to appear before and be heard by a court in relation to a given question, may be acquired in one of two ways: as of right, in reliance upon one's own private interests in the question (private interest standing); or with leave of the court in reliance largely upon the public's interest in the question (public interest standing).

"And standing may exist, or be granted, in both civil and criminal proceedings, proceedings of one sort or another involving claims of various kinds, including a claim that a law is unconstitutional."

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Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 29 January 2010

is concept of lucas standi is diffrent in civil and criminal cases?

(Guest)

Anyone can set criminal law in motion. Locus standi concept is not known to criminal law unlike other common laws.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 30 January 2010

mr rao, that means, in criminal case, one can not be questioned on locus standi? it is required for civil cases only ?

(Guest)

Certainly yes. The burden of proof sometimes lies on the complainant (aggrieved person or a third party complainant) or the accused depending upon the charges and the circumstances of the case.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 30 January 2010

as mr salvi said, the person, who has no interest on a matter u/s 420 ( as the matter of cheating between xyz & abc, where xyz cheated abc, a third party, say pqr can file a criminal case u/s 420 ipc against xyz, is it so? in other words, we can say that, pqr sue xyz u/s 420 ipc, under the above circumstances, though abc is silent and aloop from the piture.he has no complain on the matter.is it right?

I am giving another example, ram weds droupadi while sita the wife of ram is alive, sita not interested to sue ram, can arup gupta sue ram u/s 494,ipc?

N.K.Assumi (Advocate) 31 January 2010

The criminal Procedure Code has its own set of rules like section 198 (2) in setting the criminal machinery into motion in an offence like the section 497 IPC. In India there is a duty of every Citizen to aid the Police and the Court.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 31 January 2010

Is it means that lucas standi is importent for criminal cases also.

"In India there is a duty of every Citizen to aid the Police and the Court."

when police or court calls for witness etc, then question of 'lucas standi' does not arise.

it arise when a person voluntiarily submit a case before the court of law.

B.N.Rajamohamed (advocate / commissioner of oaths) 31 January 2010

It is a settled position of law that any one can set the law into motion , but the reasons for the hesitation of the actual victim to come forward to present the complaint for the loss he has suffered should be properly explained by the person who gives the complaint.