Can a complaint be made against an unknown person or persons?

Question: Can a complaint be made against an unknown person or persons?

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Answer

Section 2(d) in the Code of Criminal Procedure, 1973 provides the definition of the complaint as-

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 that 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.

The requisites of a complaint are:

• an oral or a written allegation;
• that some person known or unknown has committed an offence;
• it must be made to a Magistrate, and
• it must be made with the object that he should take action.

Thus, it is clear from the bare reading of the provision of complaint defined in section 2(d) that a complaint can be made against an unknown person or persons. It is immaterial whether the person against whom the complaint is being made is known to the informant or not.

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