Sufiyan 29 May 2020

What is the procedure after registering nc?

Dear Sir, Very recently, I lodged a complaint for non-cgnizable offence at a police station. Being a non-cognizable complaint. FIR can not be registered. However, the officer took our application/complaint and made some notings and said the N C offence was recorded. Now, as per the CRPC, this NC compaint has to go to a magistrate. However, I want to know the following. 1:- in what time frame, the NC complaint has be forwarded to magistrate? 2:- How can I know WHETHER it has been actually forwarded to magistrate or not? 3:- Can/should police do any preliminary investigation before the NC complaint is forwarded to magistrate? 4:- Once the complaint has been forwarded, and investigation has started, Is it possible to know about the updates on the investigation? Pl. guide me abt the above doubts. if possible, point-wise and with relevent section numbers of CRPC

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Quick Summary

This discussion clarifies the process following the registration of a non-cognizable (NC) complaint. Unlike cognizable offences where police register an FIR and investigate, NC complaints require the police to refer the matter to a magistrate. The police generally do not conduct preliminary investigations for NC cases unless directed by a court. To proceed, you may need to file a private complaint with the magistrate, who can then direct the police to investigate. While police are meant to provide a copy of the NC report, obtaining updates on the investigation can be challenging and may require further action through the court.

2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 29 May 2020

1. IF Police has registered an NC for your complaints, THEN it means that offences are not of cognizable type ELSE Police is bound to register an FIR for any cognizable offences, intiate investigation, file charge sheet in Court.

2. "AFTER" Police has registered an NC, Police DOES NOT DO ANYTHING unless Court directs it to.

3. You will have to file a private complaint in the local Magistrate's Court, citing the NC and prove your case or seek directions from Magistrate to Police to investigate & initiate prosecution proceedings (as & IF applicable).

Keep Smiling .... Hemant Agarwal
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