Can a Lawyer Accompany the Complainant While Giving Information to the Police?

Yes. A lawyer may accompany the complainant while the complainant is giving information to the police. There is no provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), or any other law that prohibits a complainant from being accompanied by an advocate at the police station. However, the lawyer cannot replace the complainant or dictate the contents of the complaint. The information must come voluntarily from the complainant.

Many people believe that lawyers are not allowed inside a police station or that a complainant must meet the police alone. This is a misconception. While the investigation is conducted by the police, a complainant is free to seek legal assistance and may be accompanied by an advocate, particularly in serious or legally complex matters.

Is There Any Law Prohibiting a Lawyer from Accompanying the Complainant?

No.

There is no statutory prohibition preventing a complainant from taking a lawyer to the police station while reporting a cognizable offence or giving information that may lead to the registration of an FIR.

A complainant may seek legal assistance to:

• Understand their legal rights.
• Ensure that the complaint accurately reflects the facts.
• Avoid omission of important details.
• Receive advice on the applicable legal provisions.
• Prevent procedural irregularities.

The presence of a lawyer, by itself, does not invalidate the complaint or the FIR.

Can the Lawyer Speak on Behalf of the Complainant?

Generally, no.

The complainant is the person who has personal knowledge of the incident, and the information must ordinarily come from them. The police record the complainant’s version of the facts, not the lawyer’s.

An advocate may:

• Explain legal issues when appropriate.
• Clarify procedural aspects.
• Advise the complainant during the interaction.
• Ensure that the complainant’s statement is accurately recorded.

However, the advocate cannot insist on dictating the complaint or answer factual questions that only the complainant can answer.

Why Do People Take Lawyers to the Police Station?

Many complainants choose to be accompanied by a lawyer because:

• They are unfamiliar with criminal procedure.
• The matter involves serious offences.
• The dispute is legally complicated.
• They fear that their complaint may not be properly recorded.
• They anticipate pressure from the opposite party.
• They want professional guidance before making statements.

In commercial frauds, cybercrime cases, matrimonial disputes, and property-related criminal complaints, legal assistance is particularly common.

Can the Police Refuse to Register an FIR Because the Complainant Came with a Lawyer?

No.

The police cannot refuse to register an FIR merely because the complainant is accompanied by an advocate. If the information discloses the commission of a cognizable offence, the police are expected to act in accordance with the law.

The presence of a lawyer neither strengthens nor weakens the legal validity of the complaint.

Can the Lawyer Draft the Complaint Before It Is Submitted?

Yes.

Many complaints are prepared or reviewed by advocates before they are submitted to the police. This helps ensure that:

• The facts are stated clearly and chronologically.
• Relevant dates, places, and persons are correctly mentioned.
• Important facts are not omitted.
• The complaint is legally coherent.

Ultimately, however, the complaint must reflect the complainant’s own version of events.

Can the Lawyer Insist on Changes in the FIR?

No.

Once the complainant provides the information, it is the responsibility of the police to record it accurately. If the complainant believes that material facts have been omitted or incorrectly recorded, they may request correction before signing the statement or pursue appropriate legal remedies if necessary.

The lawyer may advise the complainant in this regard but cannot compel the police to adopt a particular wording.

Practical Example 1: Cyber Fraud

A business owner loses ₹15 lakh through an online investment scam.

Because the transaction involves multiple bank accounts, digital evidence, and electronic communications, the owner visits the police station with a lawyer.

The lawyer assists in organising the documents and explaining the sequence of events, while the complainant personally narrates the facts to the police.

Practical Example 2: Property Fraud

A property owner alleges that forged documents have been used to transfer land.

An advocate accompanies the complainant to ensure that the complaint accurately describes the documents, dates, and transactions involved.

The police record the complainant’s statement and commence the investigation if a cognizable offence is disclosed.

Practical Example 3: Matrimonial Offence

A woman alleges cruelty and criminal intimidation by her husband and in-laws.

She attends the police station with her lawyer for support and legal guidance.

The lawyer does not narrate the facts but remains present to advise her during the process.

Can the Police Ask the Lawyer to Leave?

In practice, the police may regulate who is present during certain stages of an investigation to maintain order or confidentiality. For example, if the lawyer attempts to interfere with questioning or obstructs the process, the police may require that the interaction proceed directly with the complainant.

However, the mere presence of an advocate is not a valid ground to refuse to receive information or register an FIR.

Is It Advisable to Take a Lawyer?

While not legally required, it can be beneficial in cases involving:

• Economic offences.
• Cybercrime.
• Forgery.
• Property disputes with criminal allegations.
• Corporate fraud.
• Matrimonial disputes.
• Serious assaults.
• Offences involving multiple accused.
• Cases where legal strategy is important from the outset.

For routine complaints involving straightforward facts, many complainants choose to approach the police without legal representation.

Frequently Asked Questions

Is a lawyer’s presence compulsory while lodging an FIR?

No. A complainant may lodge an FIR without any legal assistance.

Can a lawyer sign the complaint instead of the complainant?

Ordinarily, no. The complaint should be signed or affirmed by the complainant or informant, unless the law permits otherwise in a particular situation.

Can a complainant consult a lawyer before answering questions from the police?

Yes. A complainant is free to obtain legal advice before making statements to the police.

Does bringing a lawyer make the complaint more credible?

No. The credibility of a complaint depends on its facts and supporting evidence, not on whether the complainant was accompanied by an advocate.

Conclusion

A complainant may lawfully be accompanied by a lawyer while giving information to the police. There is no legal prohibition against an advocate being present for advice and assistance. However, the complaint must come from the complainant personally, and the lawyer cannot substitute the complainant’s factual account or interfere with the investigation. The advocate’s role is to protect the complainant’s legal interests and help ensure that the complaint is presented clearly and accurately.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore) Contact: 88271 22304 www.jsrohilla.in