27 July 2018 04:41PM
What is a Complaint?
According to the Code of Criminal Procedure, 1973, the legal definition of a complaint is given under Sectin-2(d) of the code. It says that:
"Complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this code that some person, whether known or unknown, has committed an offence, but does not include a police report.
Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
What is an FIR?
An FIR is the First Information Report as mentioned in the Code of Criminal Procedure, 1973. It says that:
Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
The main purpose of distinction between a first information report associated a police complaint is that an FIR relates a cognizable offence whereas a police complaint will be filed for both non-cognizable and cognizable category of offences. though the essential which means of both could be a complaint however they're totally different in terms of offences they deal with, punishments, legal consequences, evidentiary worth, etc. further, a complaint is to run to a magistrate either by the means of spoken words or in writing, whereas the first information report is lodged at the police headquarters nearby the place of commission of crime.
According to s. 2(d) Cr.P.C., a complaint is the allegation of fact which constitute a complaint. Further, a complainant and a first witness require not be a same individual. Indian criminal laws don't give any strict frame to a complaint, and in this way a sworn statement also known as an affidavit or an appeal to may likewise add up to a complaint in the official courtroom. The general rule is that any individual knowing about the commission of an offense can record a complaint, despite the fact that the concerned individual isn't actually intrigued or influenced by the offense, with the exception of in instances of offenses identifying with marriage, criticism and offenses specified in ss. 195 to 197 Cr.P.C. At the point when a witness approaches the police specialists relating the data about the commission of a cognizable offense it is called recording a complaint. This 'first information' as a complaint when enrolled as appealed to God for by the source u/s. 154 Cr.P.C., it constitutes 'FIR' which ought to on its substance and in the light of resulting occasions uncover/disclose the data inside the importance of this section.
At the point when a Magistrate takes insight of an (upon receipt of a complaint or else), he looks at the protestation as per Section 200 by inspecting the actualities and the witnesses. On the off chance that he finds that the protest is with merits, the case is regarded dedicated for preliminary and the officer issues the procedure under Section 204. On the off chance that the offense is only triable by Court of Session, the Magistrate confers the case to Court of Session under Section 209.
As per Sec. 190, the Magistrate is empowered to take cognizance of an offence in three ways provided therein. Be that as it may, in the event that he takes the cognizance based on a complaint at that point to research and settle on the issue further, he will undoubtedly take after the provisions set around Sec. 200 to Sec. 203 of the Cr.P.C. and if the case demands, also under Sec. 204.
On account of a first information report, the offense included is of cognizable nature and in this way the police have authority to start the examination in the said case without earlier consent from the Magistrate and afterward record a charge sheet. Then again, when a Magistrate takes perception of an offense based on a complaint, he arranges an examination in the issue and can likewise guide the police to hold up a FIR in the event that he feels that the offense is of a genuine sort. He isn't enabled to take sou moto comprehension on the complaint on the off chance that he is fulfilled that there is no grave offense requiring a prompt game-plan.
Police complaint against a firm who is not paying salary…
It is very regular in India for managers to deny pay to workers, particularly at the season of terminating them. They surmise that worker's have no choices or the assets to seek after a body of evidence against a business. As a general rule, there are a few things a representative can do that can arrive a business stuck in an unfortunate situation. In any case, the learning with respect to the same isn't accessible in broad daylight area and legal advisor's recommendation come exorbitant.
There are a few lawful procedures that can be trailed by an employee to recoup pay or wages. The initial step that we suggest is sending a decent notice from a dependable legal advisor who has a reputation of doing such issues. In any case, before we disclose to you more about that, let us get you acquainted with some essential ideas in Indian work laws that arrangement with the issues of non-installment of wages or compensation.
India has a whole law on payment of salary and compensation called Payment of Wages Act, however it doesn't have any significant bearing to all levels of representatives. It more often than not holds a candle to the current situation to low-wage blue color workers.
The wage roof under the Payment of Wages Act, 1936 was expanded to a average wage ceiling of INR 18,000 every month according to a notice by the Indian Government, Effective from September 11, 2012. On the off chance that you are not secured under this demonstration, different cures are as yet accessible. We should perceive what the Payment of Wages Act needs to state in this issue.
Section 4 of the payment of wages Act states –
Fixation of wage period each individual in charge of the payment of wages under Section 3 will settle periods in regard of which such wages will be payable. No wage period will surpass a multi month.
Monthly Salary Distribution Requirements:
· An individual working in a foundation with a wage not in excess of one thousand, the wage to the specific individual will be paid before the expiry of the seventh day.
· An individual with the wage of in excess of one thousand will be paid before the expiry of the tenth day.
· The wages earned by an employee will be paid before the expiry of the second working day from the day his work is ended if he is fired by the employer,
What steps can be taken by employee:
You can get the following remedies if your employer is not paying your salary.
A) Approach Labour Commissioner:
In the event that the employer doesn't pay up your pay, you can approach the labour commissioner. They will assist you with reconciling this issue and if no arrangement is achieved work official will hand over this issue to the court whereby a body of evidence against your manager might be pursued.
B) Industrial Dispute Act:
· A representative can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of cash due from a employer.
· When the compensation is expected from the employer, the representative himself or some other individual approved by him in composing for his benefit can guarantee/claim recuperate cash.
· In instance of the employee's death, the approved individual or beneficiaries influence an application to the work to court for recuperation/ recovery of payment due.
· The court will additionally issue a declaration/ certificate on being fulfilled that the pay is expected and the authority will continue to recoup the same.
· If any inquiry emerges with regards to the measure of cash due or with regards to the sum at which such advantage ought to be processed, it would be figured by rules under this Act.
C) Labour Court Time Line:
The person may seek some strong actions if he or she is affected by the company’s fraudulent activities.
The following remedies would be available in such cases:
Employer Fraud Punishment:
· The punishment for fraud is given under. Section 447 of Companies Act, 2013.
· Person shall be liable for imprisonment not less than 6 months which may extend to 10 years.
· Fine may extend upto three times of the fraud amount.
· Subsequent measures can be taken under Section 447 of the Act.
· A criminal case can also be filed by the employee against the company under Indian Penal Code.
Step 1: We firmly suggest sending a legal notice specifying every one of the moves that you may make from a credible legal advisor. Under the watchful eye of heading off to a legal counselor, guarantee that they have some reputation in doing such work.
Step 2: In the event that this does not work, moving towards police for a cheating case, where there is sufficient proof for such misrepresentation, is basic. At this stage, it is essential to set up a nitty gritty case record to provide for police, and your legal counselor should help you in this. A majority of shares of such complaints are not acknowledged because of feeble drafting and absence of prima facie evidence. This is the place a decent legal advisor can have a great deal of effect.
Step 3: Where a criminal case isn't a choice, or does not deliver comes about, we prescribe going for a synopsis suit or work court, by and large. As far as we can tell of dealing with such issues in huge numbers, we can state that not over 10% of such debate need to go to this stage if the issue was taken care of well in prior stages. Test is that legal advisors are more agreeable and procures more cash at this stage, so on the off chance that they don't have your enthusiasm for mind they may rush to this stage.
Important things to keep in mind when you are trying to recover your unpaid salary:
The notice is a vital psychological instrument, and getting the pay in less time is a mental diversion. On the off chance that the business comprehends the outcomes rapidly, he will settle before you have to go to court, which minimizes expenses too. Be that as it may, just a couple of attorneys do this sort of work since it may not be extremely gainful for them.
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