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Which of the following is a requisite of a complaint? I. an oral or a written allegation. II. that some…

A complaint under section 2(1)(h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 2(d) CrPC) may be oral or written and must allege that a known or unknown…

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Which of the following is a requisite of a complaint?

I. an oral or a written allegation.

II. that some person known or unknown has committed an offence.

III. it must be made to a Magistrate.

IV. it must be made with the object that he should take action.

Select one answer
Answer and explanation

Correct answer D

A complaint under section 2(1)(h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 2(d) CrPC) may be oral or written and must allege that a known or unknown person committed an offence. It is made to a Magistrate with the object of obtaining action under the Sanhita. All four stated elements therefore belong to the definition; a police report is separately excluded, subject to the explanation concerning a report disclosing only a non-cognizable offence.

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