Complaint and FIR – The First Step Toward Justice
In India’s criminal justice system, it is very important to know the difference between a police complaint and a First Information Report or FIR.
The Bharatiya Nagarik Suraksha Sanhita BNSS 2023 modernizes and clarifies past processes; we will see how these work now in contrast to the earlier Criminal Procedure Code CrPC 1973.
Police Complaint vs FIR: Quick Comparison Table
Basis | FIR | Complaint |
Meaning | First written report about a cognizable offence made to police (Old CrPC Section 154; BNSS Section 173) | Allegation made to a Magistrate seeking legal action (Old CrPC Section 2(d); BNSS Section 2(h)). |
Who Can File | Victim, witness, or anyone with knowledge of the offence. | Any person aware of the offence, subject to some limitations. |
To Whom It Is Filed | Officer-in-charge (SHO) of a police station. | Judicial Magistrate of First or Second Class. |
Nature of Offence | Only for cognizable offences (serious crimes like murder, kidnapping) | For cognizable or non-cognizable offences |
Investigation | Police initiate investigation immediately or after preliminary inquiry. | Police investigate only if directed by the Magistrate |
Format | Prescribed format; oral information must be reduced to writing and signed | No strict format, but the complaint must disclose necessary facts |
Cognizance | Police investigate first; Magistrate gets involved later. | Magistrate can directly take cognizance at the first stage |
Understanding FIR: Changes from Old CrPC to New BNSS
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FIR Under CrPC (Old Law)
- Information given orally or in writing about a cognizable offence.
- No formal rule on preliminary inquiry before FIR registration.
- Courts (like in Lalita Kumari v. State of U.P.) allowed limited preliminary inquiries.
FIR Under BNSS (New Law – Section 173)
- Information can be filed orally or electronically.
- Electronic information must be signed within 3 days.
- Zero FIR allowed (crime can be reported at any police station).
- Preliminary inquiry permitted for offences punishable between 3 to 7 years.
Key Update: The BNSS brings in formal rules for preliminary inquiry and strengthens victim-friendly mechanisms like Zero FIR.
Understanding Complaint: Changes from Old CrPC to BNSS
Complaint Under CrPC (Old Law)
- Allegation made to a Magistrate about an offence.
- Police involvement only after the Magistrate orders investigation.
Complaint Under BNSS (New Law – Sections 2(h) and 210)
- Recognizes complaints filed physically or electronically.
- Magistrate empowered to take cognizance based on complaints, police reports, or personal knowledge.
Key Update: Electronic complaints are now formally accepted under BNSS, making the process faster and more accessible.
Zero FIR Under BNSS 2023: Ensuring Immediate Justice
Zero FIR means registering an FIR at any police station, even if the offence happened outside its jurisdiction. It is formally recognized under BNSS Section 173.
How Zero FIR Works:
- Victim can approach any police station.
- Police must register the FIR and transfer it to the correct jurisdiction.
- Special procedures apply for offences against women (e.g., female officers, videography).
Importance: This reform ensures that victims are not denied justice due to jurisdictional technicalities and immediate action is taken.
Example: If a woman is assaulted while traveling, she can register the FIR at the nearest station, not necessarily where the incident occurred.
Preliminary Inquiry Before FIR: BNSS Section 173(3)
What BNSS 2023 Says:
- For offences punishable between 3 and 7 years, the police officer may, with approval of a Deputy Superintendent of Police (DSP), conduct a preliminary inquiry.
- The inquiry must conclude within 14 days.
- If a prima facie case exists, FIR must be registered immediately.
- If not, the informant must be informed about the refusal.
Supreme Court on Preliminary Inquiry: Imran Pratapgadhi Case (2025)
In Imran Pratapgadhi v. State of Gujarat (2025), the Supreme Court clarified:
- Preliminary inquiry is appropriate for offences affecting freedom of speech and similar sensitive rights (protected under Article 19(2)).
- The Court quashed an FIR filed against a Rajya Sabha MP who posted a poem online, observing that no prima facie case or criminal intent (mens rea) existed.
- The Court emphasized that Section 173(3) allows discretion to conduct inquiry first before registering FIR for mid-serious offences.
How BNSS Changed the Preliminary Inquiry Rules (Compared to CrPC)
Aspect | BNSS (New) | CrPC (Old) |
Preliminary Inquiry | Formal statutory procedure under Section 173(3) | Very limited, only if unclear if cognizable offence disclosed (Lalita Kumari case) |
Officer’s Power | Discretion given to police officer after DSP permission | Not well defined |
Time Limit | 14 days mandatory for preliminary inquiry | No strict limit |
Post-Inquiry Action | Register FIR or inform complainant if no prima facie case | Register FIR if offence disclosed |
Practical Scenarios: When to File FIR vs Complaint
Situation | Appropriate Action |
Murder, rape, kidnapping | File an FIR immediately at nearest police station (Zero FIR allowed) |
Verbal abuse, minor property dispute | Lodge a Complaint with Magistrate |
Police refusal to register FIR | Escalate to SP (Superintendent of Police) or file Magistrate Complaint. |
Domestic violence, matrimonial cruelty | Depending on severity, file FIR or Complaint. |
Landmark Judgments to Remember
Lalita Kumari v. State of U.P. (2014): Mandatory FIR registration on disclosure of cognizable offence.
- Bhagwant Singh v. Commissioner of Police (1985): Remedy if police refuse to register FIR.
- Imran Pratapgadhi v. State of Gujarat (2025): Preliminary inquiry needed before FIR for sensitive speech cases; wrongful FIR quashed.
Conclusion:
Knowing if one should file an FIR or a Complaint is important for getting timely justice. With the BNSS 2023 reforms, mainly the Zero FIR and Preliminary Inquiry rules, India’s criminal justice system now focuses on victim protection and quick fair treatment.
Choosing the correct route empowers you to defend your rights—and ensures that genuine grievances are addressed without unnecessary procedural hurdles.
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FAQs:-
1. Can FIRs now be filed electronically?
Yes. FIRs can be filed electronically but must be physically signed within 3 days.
2. What if the police refuse to register my FIR?
You can approach the Superintendent of Police under BNSS Section 173(4) or file a complaint before a Magistrate.
3. Is a Zero FIR recognized under BNSS?
Yes. Victims can now register FIRs at any police station, regardless of jurisdiction.
4. When is Preliminary Inquiry allowed under BNSS?
For cognizable offences punishable with 3–7 years imprisonment, preliminary inquiry is permitted before FIR registration.
5. What happens if a preliminary inquiry finds no case?
The police must inform the complainant, who may seek further legal remedies if needed.