Difference between FIR and complaint

FIR और शिकायत में अंतर

FIR is a strong document that can be made in serious cases (cognizable crime - to be taken into immediate cognizance), such as shooting, murder, rape, etc. In such serious cases, FIR is registered directly. And the police can arrest the criminal only on the basis of an FIR. Under Section 154 of CrPC, the police are required to directly register an FIR in a cognizable case.

Apart from this, FIR can also be written in the case of theft. Like any item, mobile, sim, and any important document, etc. If you file a Lost Items FIR, it is written proof that your belongings have been lost by this date, time, and place. Because if there is any misuse of it in future, then there is no fault of the complainant in it. And upon their recovery, they should be notified immediately.

Which are crimes of minor assault etc. In such a case, FIR cannot be registered directly; rather, the complaint is referred to the Magistrate. Then he issues a letter to the accused.

Definition of complaint

The term 'complaint' may be defined as any allegation, except a police report, orally to a Magistrate, to act in accordance with the Code of Criminal Procedure that a person has committed an offence.
However, a police report is also treated as a complaint in a case when it is discovered after an investigation that there is a non-cognizable offence. In such a case, the officer preparing the report is deemed to be the complainant. In a civil lawsuit, a complaint is called a plaintiff.
Any person is allowed to file a complaint except in the case of marriage and defamation, where only the aggrieved party can make a complaint. In a complaint, the complainant requests the offender to be punished suitably.

Definition of FIR

First Information Report, shortly known as FIR, may be described as every information about a cognizable offense that can be given orally to the victim or witness or any person knowing about the commission of the offence. Provided by the person to the officer-in-charge of the police station.
The officer can write down the information given by the informant in the prescribed format, after which the FIR made is read by the officer and signed by the informer after thoroughly verifying the details provided. A copy of the FIR is given to the informer.
FIR is of great importance, especially in the case of a criminal offence, as only after the FIR is registered can the police take action against the wrongdoer. The FIR may contain the date, time, and place of the incident or offence, the name, and address of the informant, facts relating to the offenses, and other details. This can be registered at the police station of the area where the crime took place.

What is the difference between FIR and a complaint?

The main point of difference between a first information report and a police complaint is that an FIR pertains to a cognizable offence, whereas a police complaint can be filed for both cognizable and non-cognizable categories of offences. Whereas FIR is usually in a pre-defined format.
In law, FIR or otherwise called as first information report, is the report of information that the police receive before time regarding the commission of a cognizable offence. The term cognizable offense refers to the offense in which the police have the authority to arrest the accused without any warrant and can initiate an investigation.
However, in the case of a non-cognizable offence, the police have the power to neither arrest a person without a warrant nor investigate without the prior sanction of the court; the complaint is filed with the Magistrate. Both complaints and FIR are extremely important as they lay the foundation for a trial.

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