Normally, we treat a First Information Report and a complaint as one and the same, and when we file a complaint with a police station, we assume that an FIR has been registered. While there is no similarity between the two in Indian criminal law, and the Code of Criminal Procedure defines it very differently.
Therefore, before knowing the difference between an FIR and Complaint, we have to know the legal definition of the two.
What is a Complaint?
When an informer approaches a police officer to inform him about the commission of a cognizable offence, it is called filing a complaint, but when the information /complaint is filed as per Section 154 of the Code of Criminal Procedure, 1973 , then this information in the form of a complaint converted into a First Information Report(FIR). Hence we can say that a Complaint is the primary stage of an FIR.
Section 2(d) of the Code of
Criminal Procedure, 1973 defines the Complaint as, any allegation made, orally
or in writing, to a Magistrate with a view to taking action under this Code
that any person, whether known or unknown, has committed an offence, but does
not include a police report.
This Section further also provides that, a police report made by a police officer in a case is also considered as a Complaint when after investigation it discloses that a non-cognizable offence is committed, and in such condition the police officer who prepares the report is deemed as the complainant.
What is FIR?
A First Information Report (FIR)
is a written document prepared by the police on receipt of information about
the commission of a cognizable offence.
It is a report of information which reaches the police first in time and hence it is called first information report.
An FIR is a document where all the
information about the commission of a crime is mentioned, and it is the first
stage of the criminal process that leads to the trial and punishment of an
offender.
Section 154 of the Criminal
Procedure Code defines FIR as:
Every information relating to the
commission of a cognizable offense (an offense where the police is permitted to
arrest the accused without warrant), if given orally to the officer-in-charge
of a police station, by or on his direction shall be reduced in writing under,
and shall be read to the informant
What is the difference between FIR and
a Complaint?
➤An FIR (First Information Report) is information given to a police officer in charge of a station about an offense and must be reduced in writing. Whereas a Complaint is an information, either oral or in writing, given to a police official or to the magistrate about an offense committed by a person.
➤An FIR can be registered for only
cognizable offences, Whereas a Complaint can be filed for both cognizable and
non-cognizable offences.
➤A police officer can initiate
investigation without the prior permission of the magistrate after the
registration of an FIR, Whereas after receiving complaint, the Magistrate may
direct the police officer to investigate the matter or he may himself can
investigate the matter.
➤There is a prescribed Format by
law for registering an FIR, Whereas no Prescribed Format for a Complaint.
➤When a police officer gets information about the commission of an offence first time then he prepared a document which is known as First Information Report (FIR), Whereas when a petition is filed before the Magistrate after alleging that some person has committed an offence and he should be punished, then this petition is known as a Complaint.
➤FIR can be lodged by any person like aggrieved party or eyewitness and even accused himself, Whereas a complaint can be filed by the victim or a person who has knowledge of the commission of an offense.
➤When an FIR is registered, a police officer starts the investigation of the case, Whereas when a complaint is filed, no inquiry is conducted by the police officer till the direction of the magistrate.
➤Prima facie
no cognizance is taken by the Magistrate till the FIR is registered and report
to him, Whereas the Magistrate takes cognizance of the complaint made to him in
the first phase.
➤An FIR is information recorded by a police officer in relation to an offense committed by a person, Whereas a complaint is a form of appeal to a magistrate for getting justice.
➤If a police official refused to register an FIR without a valid legal reason, then the informant can approach to the Superintendent of Police or the Commissioner of Police and also to the Judicial Magistrate, Whereas if the complaint filed before the Magistrate is dismissed the Complainant can file a review petition before the Magistrate, and also can approach the higher court of law.
➤In case of an FIR, if the offence is cognizable in nature then the police have the right to initiate investigation and then file a charge sheet in the said case without prior permission of the Magistrate, Whereas when a Magistrate takes cognizance of an offense on the basis of a complaint, he orders an inquiry into the matter and may also direct the police to register an FIR if he feels that the offense is of a serious nature.
➤In case of an
FIR, a police is authorized to investigate the matter and to collect the evidence,
and when the investigation completed then a charge sheet against the accused is
filed by him in the court under Section 173 of the Code of Criminal Procedure,
1973 for the decision of the Court on the charges. Whereas on receipt of a
Complaint by an informant disclosing a non-cognizable offense committed within
the limits of his jurisdiction, a police official may record the substance of
the case in the station diary and can suggest the informant to approach the concerned
Magistrate for passing an order to direct him for investigate the case.
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