Guide to Filing a Criminal Complaint in Bihar: A Step-by-Step Process

Filing a criminal complaint in Bihar can feel overwhelming, especially if you are unfamiliar with the legal system. Whether you are a victim of a crime or a witness, understanding the procedure is crucial for seeking justice. This guide will walk you through the process of filing a criminal complaint, your rights, and the legal steps to take in Bihar.

What is a Criminal Complaint?

A criminal complaint is the first formal step in the legal process when someone is accused of committing a crime. In India, a criminal complaint usually begins with the filing of a First Information Report (FIR), followed by a thorough investigation by the police. The laws governing criminal complaints are outlined in the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC), which apply in Bihar as well.

Step-by-Step Guide to Filing a Criminal Complaint in Bihar

1. Determine the Nature of the Crime

Before filing a complaint, it’s important to understand whether the offense is cognizable or non-cognizable:

Cognizable offenses are serious crimes like murder, theft, rape, etc. The police can arrest the accused without a warrant.
Non-cognizable offenses include minor crimes such as defamation, public nuisance, or assault, for which the police cannot arrest without a warrant.

Understanding this will help you know whether you need to file an FIR or a complaint with the magistrate.

2. Approach the Nearest Police Station

For cognizable offenses, head to the police station nearest to where the crime occurred. In Bihar, you can file the FIR at any police station, but it’s usually more effective to visit the one with jurisdiction over the area.

How to File an FIR:

Provide the details of the crime, including the date, time, location, and parties involved.
Be clear and concise while explaining the facts.
You must mention if there were any witnesses.
Make sure to give your contact information and submit any evidence that may help in the investigation.

Important: Under Section 154 of the CrPC, the police are bound to file an FIR for cognizable offenses.

3. File a Written Complaint

You can file the complaint in writing or orally. If it’s oral, the police officer will document it and have you sign the written version. Always insist on receiving a copy of the FIR with a Diary Number for future reference. This copy should be free of charge, and it’s your right to receive it.

4. Filing an Online FIR in Bihar

Bihar Police also offers an online facility for filing complaints. This is particularly useful for cases where visiting a police station may not be feasible. Here’s how you can file an FIR online:

Visit the Bihar Police Official Website.
Navigate to the FIR Online section.
Fill out the necessary details such as your name, contact information, and details of the crime.
Attach any supporting documents or evidence.
Submit the complaint.

Once filed, you will receive an acknowledgment along with a reference number that you can use to track the progress of your complaint.

5. What If the Police Refuse to File an FIR?

In some cases, the police may refuse to file an FIR. If this happens:

You can write to the Superintendent of Police (SP) of your district. The SP is authorized to order the registration of an FIR.
Alternatively, you can approach a Judicial Magistrate under Section 156(3) of the CrPC, requesting them to direct the police to file an FIR.

6. What Happens After Filing an FIR?

After the FIR is filed:

The police will begin an investigation, collecting evidence, and taking statements from witnesses.
If enough evidence is found, the police may arrest the accused.
The police will submit a chargesheet to the court once the investigation is complete.
You, as the complainant, will be informed of any progress in the investigation.

7. Filing a Criminal Complaint for Non-Cognizable Offenses

For non-cognizable offenses, the police will record the complaint in a General Diary and refer you to the local Magistrate. You can directly file a complaint with the Judicial Magistrate under Section 200 of the CrPC. The magistrate will then decide whether to take cognizance of the offense and direct the police to investigate.

Rights of a Complainant in Bihar

As a person filing a criminal complaint in Bihar, you are entitled to several rights:

Right to Free Copy of FIR: You must receive a free copy of the FIR once it is lodged.
Right to Legal Representation: You have the right to be represented by a lawyer at every stage of the process.
Right to Witness Protection: If necessary, you can request protection if your safety is at risk.
Right to Information: You have the right to be informed about the progress of the investigation and the final outcome.

Common Mistakes to Avoid When Filing a Criminal Complaint

Not Providing Accurate Information: Ensure the details you provide are factual and clear. Inaccurate information can harm the investigation.
Failure to Collect Evidence: If possible, collect any available evidence (such as photographs, videos, or documents) before approaching the police.
Not Following Up: Stay in touch with the police and track the progress of your complaint. If progress stalls, you may need to escalate the matter.

Conclusion

Filing a criminal complaint in Bihar is your legal right and a crucial step in seeking justice. By understanding the process, you can ensure that your complaint is taken seriously and that the legal machinery works efficiently in your favor. Whether you file an FIR at a police station or lodge a complaint with a magistrate, the steps outlined above will help you navigate the process confidently.