Crime is a wrong against the society at large. It creates an alarming situation in the society. Therefore, any person can come up with a complaint or an information before the concerned authority. The motive of both the things is to attract the attention of the authorities and to punish the offender. Informing of a commission of crime is one of the important process in Criminal Justice System.
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Basis of Difference |
FIR |
Complaint |
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Definition |
FIR is not defined in the code. However, it can be said to be an information given to the police first in point of time relating to a cognizable offence. |
Complaint is defined u/s 2 (d), which 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 |
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Who may Apply? |
First information report may be lodged by any person such as the aggrieved party or an eye witness |
Whereas, Complaint can be filed by any person subject to certain exceptions. |
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Whom to Apply? |
First information report is made to the competent police officer |
Complaint is made to a magistrate |
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Nature of Offence |
First Information Report must relate to a cognizable offence on the face of it. |
A complaint may relate to a cognizable or non-cognizable offence. |
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Investigation |
When a FIR is lodged, a policer officer starts with investigating the matter. |
Whereas, when complaint is filed no investigation is done by the police officer until directed by the competent authority. |
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Cognizance |
At the first instance no cognizance is taken by the Magistrate until particular FIR is reported to him. |
A Magistrate takes cognizance on the complaint made to him at the very first stage. |
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Format |
There is prescribed format by law for FIR |
No prescribed format is given for filing a complaint. But some essential ingredients are to be satisfied. |
Submitted by LP Team