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Difference Between F.I.R. And Complaint
A complaint and FIR are two legal procedures under the Criminal Procedure Code that differ in terms of who can file, where to file, types of offences covered, and processes involved. While a complaint can be filed by anyone for any offence, an FIR can only be filed for cognizable offences and requires police intervention for investigation. It is important to note that an FIR is the first step in the criminal justice process, and is used to initiate an investigation. It is a formal document that has legal validity and can be used as evidence in court. A complaint, on the other hand, is simply a report of an alleged crime and does not necessarily lead to an investigation.
What Is F.I.R.?
FIR is known as the First Information Report. The term FIR has not been defined in the Criminal Procedure Code, 1973, however, a small attempt can be made to define it as the information about the commission of a crime at the first instance made by any person to the police officer is known as First Information Report. This information can be given to the police officer by any person at any time provided that it must relate to a cognizable offence. The provision related to FIR is provided under Section 154 of the Criminal Procedure Code, 1973.
Essential Ingredients Of F.I.R.
- There must be an information
- The information must relate to the commission of an offence
- The offence must be cognizable
- The information must be given to the police officer at the first instance
- Such information can be made either orally or in writing
What Is A Complaint?
A complaint is an allegation made orally or in writing to a magistrate, with a view to his taking action under the CrPC. As per Section 2(d) of CrPC, a complaint means any allegation made orally or in writing to a magistrate, with a view to his taking action under the CrPC, that some person has committed an offence. A complaint can be filed by any person even if they don’t have personal knowledge of the alleged offence. The magistrate may take cognizance of the offence on the basis of the complaint.
Essential Ingredients Of Complaint
- There must be an allegation made.
- It must be made against any person, whether known or unknown.
- It must be made with respect to the commission of an offence.
- It must be made to the Magistrate.
- It must be made either orally or in writing.
What Is Cognizable Offence And Non-Cognizable Offence?
Cognizable offence has been defined under Section 2(c) of the CrPC as an offence in which a police officer may arrest any person without warrant, in accordance with the First Schedule of the Code. Cognizable offences are those which are grave and serious in nature.
Non-cognizable offence has been defined under Section 2(l) of the CrPC as an offence in which a police officer cannot arrest a person without warrant or order of the Magistrate. These offences are not serious.
Key Differences Between FIR And Complaint
|
S. No. |
Basis |
F.I.R. |
Complaint |
|---|---|---|---|
|
1 |
Definition | FIR is not defined under the CrPC per se. However, it has been explained under S.154 CrPC. It is information given to the police regarding the commission of cognizable offence by any person. | Complaint is defined under S.2(d) CrPC. It means any allegation made orally or in writing to a magistrate, with a view to his taking action under the code, that some person whether known or unknown has committed an offence. It does not include a police report |
|
2 |
Format | FIR has a designated prescribed format | No Prescribed format has been provided for complaint. |
|
3 |
Written or verbal | An FIR must be in writing. Even if the information is initially provided verbally, the police officer is required to document it in writing, ensuring that all necessary details are accurately captured. | A complaint doesn't always need to be in writing. Verbal complaints are accepted, especially for urgent matters or when the complainant can't provide a written statement. The police officer is responsible for documenting it. |
|
4 |
Who can file? | Can be filed only by the victim, someone on behalf of the victim, or someone who has knowledge about the commission of the cognizable offence. (Section 154 CrPC) | Can be filed by any person |
|
5 |
Where to file | FIR is made to a competent police officer | A Complaint is made to a magistrate |
|
6 |
Nature of offence | FIR relates to cognizable offences only. | A complaint can be made for both cognizable or non-cognizable offences. |
|
7 |
Investigation | As soon as a FIR is lodged, a police officer starts investigating the matter. | When a complaint is filed, no investigation is done by the police officer until he is directed by the competent authority. |
|
8 |
Cognizance | In case of FIR the Magistrate takes cognizance of report of the police officer under Section 190(1)b CrPC | In case of a complaint being made the Magistrate takes cognizance under Section 190(1)(a) CrPC |
|
9 |
Time to file | An FIR must be filed as soon as the cognizable offence comes to the knowledge of the police. | No time limit to file a complaint |
|
10 |
Withdrawal | Once an FIR is registered, it cannot be withdrawn or quashed by the complainant, except in certain circumstances like a compromise between the parties in non-serious offences, where the High Court or Supreme Court may quash the FIR under Section 482 of the CrPC. | A complaint can be withdrawn by the complainant at any stage of the proceedings, subject to the Magistrate’s approval. |
Conclusion
Both F.I.R. and Complaint hold the utmost importance in the Indian Criminal Justice System. Both appear to be the same but there are some technical differences which makes distinctions between them. It depends upon the facts, circumstances and nature of the offences. The person making complaint or information might not be aware of the technical differences however, it is the duty of the authorities to identify the nature of the offences and procced with the same to ensure effective justice delivery for all the citizens of the nation.
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