IPC Section 357
๐น Section 357 IPC โ Procedure When Person Injured Is Not in a Position to Institute a Complaint
Exact Text of Section 357 IPC:
"When any person is injured, and the offender is known or suspected to be known, but such injured person is dead or is so much incapacitated by reason of his injury as to be unable to institute a complaint, then any person having the care of the injured person may make a complaint on his behalf."
๐ Explanation in Detail:
1. When does this section apply?
When a person has been injured.
The offender is known or suspected to be known.
The injured person is either:
Dead because of the injury, OR
So incapacitated (seriously injured or mentally/physically unable) that they cannot file a complaint themselves.
2. Purpose of the Section:
To ensure justice is not denied just because the injured victim is unable to formally complain due to death or serious injury.
To allow any person who is responsible for or in charge of the injured personโs care (such as family members, guardians, hospital authorities, police, or friends) to file a complaint on behalf of the injured.
3. Who can file the complaint?
Any person who has care of the injured person.
This could include relatives, guardians, caretakers, hospital authorities, or even a neighbor.
This person acts as a representative to ensure the case is reported and investigated.
4. Why is this important?
Without this provision, if the victim is dead or incapacitated, the crime might go unreported.
It helps the criminal justice system to take prompt action even if the injured party is unable to complain.
This safeguards the rights of the victim and helps initiate investigation without delay.
๐จ Legal Impact:
The complaint filed under this section will trigger investigation and legal proceedings.
It helps the police and judiciary to take cognizance of the crime and proceed even in the absence of a direct complaint from the injured party.
๐ Summary:
| Aspect | Explanation |
|---|---|
| Injury | Person is injured |
| Offender | Known or suspected |
| Victimโs condition | Dead or incapacitated to file complaint |
| Who can file complaint | Any person having care of injured person |
| Purpose | To ensure complaint is made and justice served |
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