Complainant and Witness Rights

Initiating a criminal case overview

With some exceptions, a criminal case can be initiated by any person with information about an alleged offence.⁵

There are two ways to initiate a criminal case, depending on whether the alleged offence is cognizable or non-cognizable.

If initiating a case on behalf of another person, it is important to first get their consent, where possible.

In initiating a criminal case, a complainant may pursue financial compensation.

If the accused is convicted in court, and a fine is imposed, the complainant may receive proceeds from the fine.⁹

These proceeds may cover legal costs, payment for any loss, injury, or mental anguish caused by the offence.¹⁰

File a report to the police

Report any information at the nearest police station to where the crime occurred,¹¹  or to where the consequence of the crime occurred.¹² .

For example, if the victim was stabbed in one township but died in another township as a result of the stabbing, the case can be reported in either.

What can happen next depends on whether the crime is cognizable or non-cognizable.

If the offence is cognizable, the police officer must open a First Information Report (FIR). ¹³

A police officer may decline to investigate if they believe there is not enough evidence. ¹⁴  He or she will notify the appropriate court and proceed with investigation, if there is enough information.¹⁵

The police must notify the person providing information either way.¹⁶

If the offence is non-cognizable, and the person reporting to the police wishes to initiate a criminal case, the police will record the complaint and direct the complainant to the appropriate court.¹⁷

File a complaint with the court

A non-cognizable complaint may be filed with the relevant court directly.¹⁸

The judge will examine the complainant under oath.¹⁹

After which, the judge may:

• refer the case back to the police to investigate²⁰
• transfer the complaint directly to the proper court²¹
• dismiss if there is no sufficient ground of proceeding in his judgement²² or
• issue summon or warrant to take an action²³ .

After reviewing the complainant under oath and police investigation, a judge may also dismiss the case due to lack of sufficient evidence.²⁴

If the case proceeds to trial, the complainant may hire his or her own lawyer who may then prosecute the case under the supervision of a law officer.²⁵

Risks

Report facts as carefully and as truthfully as possible. Statements made in a FIR or in a complaint to the court may be used to support or challenge the victim and/or complainant testimony later in court.²⁶

Intentionally providing false information for the purposes of being used in a judicial proceeding is punishable by imprisonment and/or fines.²⁷

Intentionally giving a false statement knowing that it will likely cause another person to be convicted of a crime can result in even more severe penalties.²⁸

The investigation stage is considered a stage of judicial proceedings.³¹  Seek help from a lawyer or legal organisation where possible.

In cognizable offences, a police officer may decline to investigate if they believe there is not enough evidence.³² He or she will notify the appropriate court and proceed with investigation, if there is enough information.³³

The police must notify the person providing information either way.³⁴

A police officer may only investigate non-cognizable offences upon the order of a judge.³⁵

The police shall conduct every investigation without unnecessary delay.³⁶

The police may request persons who may have knowledge of the circumstances of the case to the police station for questioning.³⁷

No person, including a police officer, may prevent a person from making a voluntary statement to the police during the course of an investigation.³⁸

Any statements provided may be later challenged in court if that person making the statement later testifies.³⁹

The accused, with few exceptions, is entitled to receive a copy of statements made to the police that were put in writing as part of the investigation.⁴⁰

Where appropriate, the police may contact a hospital to put together a medical report, for which the alleged victim may need to undergo a medical examination.

Testifying in court

If the case proceeds to trial, complainants and/or victims will be compelled to testify and must answer any question related to the matter in issue.⁴¹

A judge can issue a summons or even a warrant to compel a person to testify in court.⁴²

If initiated by complaint, the case may be dismissed if the complainant does not attend as required.⁴³

The accused has the right to cross-examine the witnesses testifying against him or her.⁴⁴

Statements made in a FIR or in a complaint to the court may be used to support or challenge the victim and/or complainant testimony in court.⁴⁵

n rape cases, the defence may question past sexual conduct of a testifying complainant and/or witness.⁴⁶

The judge shall forbid any questions that are improper in form.⁴⁷

The judge may also forbid questions that are deemed indecent unless related to the facts in issue.⁴⁸

Public access to proceedings

Trial should be in a courtroom open to the public except in specific cases such as in juvenile court⁴⁹  .

In juvenile cases, persons other than family members and other parties directly related to the case shall be excluded from attending the proceedings.⁵⁰

The presiding judge has the authority to close the court to the public in all criminal proceedings when appropriate.⁵¹

The judge may permit testimony given through video conferencing in certain circumstances, including for someone under the age of 16.⁵²

The judge may determine who has the right to be present where testimony is given and in the courtroom where it is shown.⁵³

Women, children, and youth victims who testify in court proceedings for offences charged under the Anti-Trafficking in Persons Law (2005) shall privately testify in a courtroom closed to the public.⁵⁴

Confidentiality

In addition to limiting public access:

The court shall not allow information on juvenile cases to be reported in the media except in the best interest of the accused child.⁵⁵

Child victims and witnesses also have special protections under the law, including the right to privacy.⁵⁶

The Anti-Trafficking in Persons Law (2005) protects the confidentiality of victims by:

• Denying access to court documents to persons not directly involved in the case.
• Requiring official approval before the publication of any case details.⁵⁷

Withdrawing

Depending on the offences charged, the complainant may compound (dismiss) the charges or may seek the withdrawal of the charges at any stage of the trial.⁵⁸

Each charged offence is either compoundable or non-compoundable. To determine whether or not a specific offence is compoundable, see Schedule II of the Criminal Procedure Code. If a charge is compoundable, this means that it may be dismissed by the complainant, subject to some conditions.

In some instances, an offence may be compounded without the court’s permission.⁵⁹  For example, under Penal Code Sections 426 and 427, the person to whom harm was caused can compound the charge of “mischief” involving only loss or damage to a private person.”

Some cases can only be compounded with the court’s permission.⁶⁰  For example, under Penal Code Section 346 (wrongfully confining another person in secret), the complainant can only compound the charge with the permission of the court.

Where the complainant is a child, the adult responsible for that child may compound the charges on that child’s behalf or seek the court’s permission to do so.⁶¹

For non-compoundable offences, a complainant can only seek to withdraw the charges and this requires the cooperation of the law officer assigned to the case and permission of the court. It is the law officer, not the complainant, who must seek permission from the presiding judge to withdraw the charges.⁶²

Find out more about the criminal process or the Rights of the Accused.

All forms of Trafficking in persons are illegal, and there are significantly harsher penalties for the trafficking of persons under 18 years of age.⁶³

Victims cannot be prosecuted for actions they were forced to commit as part of being trafficked under this law.⁶⁴

Victims can report their case to the Anti-Trafficking Task Force established under the Anti-Trafficking in Persons Law (2005).

During criminal proceedings, the confidentiality of trafficked persons shall be protected by:

• Denying access to court documents to persons not directly involved in the case.⁶⁵
• Denying access to court documents to persons not directly involved in the case.⁶⁶
• Women, children, and youth victims shall privately testify in a courtroom closed to the public.⁶⁷

Trafficking victims may receive support in filing a separate suit in civil court against the trafficker/s as well as medical assistance and temporary shelter, among other social services.⁶⁸

The Central Body established under the Anti-Trafficking in Persons Law (2005) is specifically tasked with making the necessary arrangements to preserve the dignity, physical and mental security of trafficked women, children, and youth.⁶⁹

There are various alternatives to criminal court. Some examples include:

• A victim may wish to file a civil complaint in order to receive compensation for any loss or injury.⁷⁰
• Victims of forced labour can lodge a complaint by contacting an International Labour Organization (ILO) Liaison Officer, to seek compensation without fear of prosecution, harassment, or other form of reprisal.

A police officer may be subject to disciplinary proceedings for the following:

• Failure to take action, or causing delays, in carrying out his or her official duties without sufficient reason.⁷¹
• Failure to arrest an offender who has been ordered to be arrested.⁷²
• Failure to appear as a witness as ordered.⁷³
• Committing contempt of court by using threatening or contemptuous language or by interfering with court proceedings.⁷⁴
• Engaging in corrupt activities.⁷⁵
• Other acts related to damaging or interfering with potential evidence and falsifying official police records.⁷⁶

Complaints of corrupt practices, including bribery, extortion and the abuse of office by public servants, including judges, and law officers can be filed with the Anti-Corruption Commission (ACC).⁷⁷

The complainant must provide concrete evidence in support of his or her claims to avoid defamation charges or other forms of legal action against him or her.⁷⁸

• Anti‐Corruption Law (2013) (amended 2016 and 2017)
• Anti-Trafficking in Persons Law (2005)
• Child Rights Law (2019)
• Constitution (2008)
• Contempt of Court Law (2013)
• Criminal Procedure Code
• Civil Procedure Code
• Courts Manual
• Evidence Act (1872)(amended 2015)
• Myanmar Police Force Maintenance of Discipline Law (1995) (amended 1997)
• Penal Code (including review of amending laws 2019 and 2021)
• Police Manual
• Suppression of Prostitution Act (1949) (amended 1998)