Complaint and FIR are 2 important terms to understand when it comes to reporting of crime to police. These are crucial words in the criminal justice system.
Complaint is a verbal or written report made by any person to the police alleging that crime has taken place and providing details of alleged crime.
First Information Report (FIR) is a formal document assembled and composed by the police based on complaints received. Additional information such as name of accused persons, witnesses and nature of crime is also mentioned in detailed manner in FIR.
Need A Legal Advice
The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue
| Basis | FIR | Complaint |
| Meaning | The term “FIR” is not defined by law, but it can be interpreted to mean information about an offence that is first provided in writing to the police at any time. | According to Section 2(d) of the Criminal Procedure Code, a complaint is defined as “any allegation made verbally or in writing to a magistrate with a view to him taking action under the code that some person, known or unknown, has committed an offence.” |
| Who may Apply? | First information report may be lodged against an aggrieved person or any witness to the offence. | Complaints can be lodged by any person subject to certain exceptions. |
| Whom to Apply? | FIR report is made to the SHO of police station | Complaint is made to a magistrate |
| Nature of Offence | On the surface, a FIR must be tied to an offence that is punishable. | Complaint may be related to a cognizable or non-cognizable offence. |
| Investigation | When an FIR is lodged, IO starts investigating the matter. | When a complaint is filed no investigation is done by the police officer unless directed by the competent authority. |
| Cognizance | At the first instance no cognizance is taken by the Magistrate until particular FIR is reported to him. | A Magistrate can take cognizance of the complaint made to him at the very first stage. |
| Format | There is prescribed format by law for FIR | No prescribed format is approved by law for filing a complaint however, some essential ingredients are to be satisfied. |
Registration of FIR:
In the case of Lalita Kumari v. The State of U.P. has ruled that S. 154(1) CrPC’s requirements must be followed, and that the concerned police officer has an obligation to file a FIR based on the material made public. In the event, the police refuses to register the complaint, the remedy has been provided u/s154(3) wherein the informant may provide the information in writing to the Superintendent of Police or any concerned senior officer.
Concept of Complaint:
S.190(1)(a) CrPC provides power to any first or second class magistrate to take cognizance of any complaint of facts which constitutes such offence. A person may lodge a complaint before a competent Magistrate and can then initiate proceedings against the accused and order an inquiry into the matter which is to be conducted by a police officer to decide whether there are sufficient grounds for proceeding or not.
Lead India has an expert panel of lawyers who can draft complaints on your behalf and helps you to find a legal recourse.
Talk to a Lawyer