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Legal Definitions - complainant

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Definition of complainant

A complainant is the individual or entity who formally initiates a legal or administrative process by making an accusation or filing a complaint. This party alleges that a wrong has been committed against them and seeks a resolution through the legal system or a regulatory body.

Here are some examples to illustrate the role of a complainant:

  • Example 1: Criminal Context

    Imagine a homeowner, Ms. Chen, discovers her house has been burglarized. She immediately calls the police to report the break-in and stolen items. In this scenario, Ms. Chen is the complainant because she is the person alleging that a criminal act (burglary) was committed against her, thereby initiating the police investigation and potential criminal proceedings.

  • Example 2: Civil Context

    Consider a small software development company, "Tech Solutions Inc.," which completed a major project for a client but was never paid for their services. Tech Solutions Inc. decides to sue the client to recover the outstanding payment. When they file the lawsuit in court, Tech Solutions Inc. becomes the complainant, as they are the entity formally filing the civil complaint to seek a legal remedy for the alleged breach of contract.

  • Example 3: Administrative Context

    Suppose an individual, Mr. Davies, believes he was unfairly denied a promotion at his job due to his age, which is a protected characteristic. He files a formal complaint with the Equal Employment Opportunity Commission (EEOC), a government agency that investigates workplace discrimination. Mr. Davies is the complainant because he is the person formally initiating an administrative proceeding by making an accusation of discrimination to a regulatory body.

Simple Definition

A complainant is the party who formally initiates a legal action or makes an accusation against another. This term applies in both criminal law, where it refers to the person alleging a crime, and in civil law, where it is the person or entity filing the initial complaint.

It is better to risk saving a guilty man than to condemn an innocent one.

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