Difference Between FIR and Complaint

In every civilised society, there is a concept of the Criminal Justice System to ensure justice delivery to the citizens by the operation of the Law of the Land. Crime can be defined as a wrong against the whole society. When a crime is committed, it is the responsibility of the authorities of the State to ensure that both the victim and the accused are given justice.

From the commission of a crime to the final judgment of the Court, the whole process is known as the Criminal Justice System. The initiation of the Criminal Justice System begins with the information of the crime to the police officials, which can be done in two ways:

1. FIR (First Information Report)
2. Complaint

What is FIR?

FIR is known as the First Information Report. The term FIR has not been defined in the Criminal Procedure Code, 1973, but it can be described as the information about the commission of a crime at the first instance made by any person to the police officer. 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

1. There must be information.
2. The information must relate to the commission of an offence.
3. The offence must be cognizable.
4. The information must be given to the police officer at the first instance.
5. Such information can be made either orally or in writing.

Why is FIR Made?

The FIR is made to set the criminal law in motion. The FIR can only be made if the offence committed happens to be a cognizable offence. It can be made to any police officer or officer in charge of the police station. After the first information report is made, it is the duty of the police officer to start the investigation with respect to the information received. In cognizable cases, the police officer can investigate the matter without the order of the magistrate within its local jurisdiction. The power of the police officer to investigate in cognizable cases is provided under Section 156 of the Criminal Procedure Code, 1973.

Essentials of Section 154 of Cr.P.C.

1. The information received shall be reduced in writing.
2. The information shall be read over to the informant.
3. It shall be signed by the person giving it.
4. The substance of the information shall be entered in a book to be kept by the police officer.
5. A copy of the information shall be given free of cost to the informant.
6. If any police officer refuses to record the information, such information can directly be made in writing to the Superintendent of Police of the concerned area by post.

In the case of Ravi Kumar v. State of Punjab (AIR 2005 SC 1929), the Supreme Court held that the first information report is a report giving information of the commission of a cognizable offence, which may be made by the complainant or by any other person knowing the commission of such offence.

In the case of State of Assam v. Upendra Nath Rajkhosla (1975 Cr LJ 354 (Gau)), the Court held that the information must not be vague but definite enough to enable the police to start the investigation.

Complaint

A complaint is similar to an FIR but differs in some aspects. The term “complaint” is defined under Section 2(d) of the Criminal Procedure Code, 1973. It is an allegation made by any person to the Magistrate, that a person has committed an offence. Such an allegation can be made either orally or in writing but not to the police officer; it is made to the Magistrate. A complaint can be made with respect to both cognizable and non-cognizable offences.

Essential Ingredients

1. There must be an allegation made.
2. It must be made against any person, whether known or unknown.
3. It must be made with respect to the commission of an offence.
4. It must be made to the Magistrate.
5. It must be made either orally or in writing.

Why is a Complaint Made?

A complaint can be made in both cognizable and non-cognizable cases to the Magistrate with the view that the Magistrate will take action against the person alleged to have committed an offence.

However, if a report made by a police officer after investigation discloses the commission of a non-cognizable offence, the report shall be deemed to be a complaint and the police officer who made the report shall be deemed to be the complainant.

After receiving the complaint, if the Magistrate is of the opinion that there is substance in the complaint, he may order an inquiry with respect to the complaint made. In the case of a complaint, the police officer cannot start an investigation without the order of the Magistrate.

Key Differences Between Complaint and FIR

Understanding the distinctions between a complaint and a First Information Report (FIR) is essential for navigating the criminal justice system. These two terms, while related, serve different purposes and follow distinct procedures.

Definition

Complaint

A complaint is a written or verbal statement made by a person to a police officer or other authority, alleging that a crime has been committed. It can be lodged by anyone, including the victim, a witness or a third party. The primary objective of a complaint is to inform law enforcement or judicial authorities about an alleged offence, prompting them to take necessary action.

First Information Report (FIR)

An FIR is a formal document prepared by the police when they receive information about the commission of a cognizable offence. It is the first step in the criminal investigation process, serving as the basis for initiating an investigation. An FIR is a legally binding document that must be registered by the police whenever a cognizable offence is reported.

Who Can Lodge

Complaint

A complaint can be made by anyone who has knowledge of the crime. This includes the victim, a witness or even a third party who has come across information about the offence. The inclusivity in lodging a complaint ensures that any person with pertinent information can bring it to the notice of the authorities, promoting a broader scope for justice.

FIR

An FIR, on the other hand, can only be lodged by the person who has direct knowledge of the commission of a cognizable offence. This restriction ensures that the information recorded in the FIR is firsthand and accurate, providing a reliable foundation for the police investigation.

Where to Lodge

Complaint

A complaint can be made to any local police station or other law enforcement agency. The accessibility of lodging a complaint at various points helps in ensuring that grievances can be reported conveniently, irrespective of jurisdictional boundaries.

FIR

An FIR must be registered at the police station that has jurisdiction over the area where the crime took place. This jurisdictional requirement ensures that the investigating authorities are geographically positioned to conduct the investigation effectively.

Outcome of Lodging

Complaint

Not all complaints lead to the registration of an FIR. Upon receiving a complaint, the police evaluate whether the information provided constitutes a cognizable offence. If it does, an FIR may be registered. If not, the complaint might be recorded for non-cognizable offences or dismissed if found unsubstantiated.

FIR

An FIR must always be registered when a cognizable offence is reported. The registration of an FIR is mandatory and marks the commencement of the official police investigation into the reported crime.

Types of Offences

Complaint

A complaint can be made for both cognizable and non-cognizable offences. Cognizable offences are those for which the police can arrest the accused without a warrant and initiate an investigation without the direction of a magistrate. Non-cognizable offences require a warrant for arrest and usually necessitate a magistrate’s order for investigation.

FIR

An FIR can only be registered for cognizable offences. This limitation ensures that FIRs are reserved for more serious crimes, which require immediate police intervention.

Format and Documentation

Complaint

A complaint does not require a specific format. It can be a written document or a verbal statement made to the police or relevant authority. This flexibility allows individuals to report crimes without the burden of adhering to formalities, making the process more accessible.

FIR

An FIR must be recorded in a specific format as prescribed by the Criminal Procedure Code (CrPC). This formal structure includes details such as the identity of the informant, the nature of the offence, the time and place of occurrence and a description of the incident. The standard format ensures consistency and comprehensiveness in the documentation of cognizable offences.

Written vs. Verbal

Complaint

A complaint does not necessarily need to be in writing. Verbal complaints are also accepted, especially in situations where immediate action is required or the complainant is unable to provide a written statement. The police officer receiving a verbal complaint is responsible for documenting it appropriately.

FIR

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. The written FIR is then read out to the informant, who must sign it to confirm its accuracy.

Police Obligation to Investigate

Complaint

The police are not obligated to investigate every complaint. They assess the information provided to determine whether it warrants further action. For non-cognizable offences, the police might refer the complainant to a magistrate or take other administrative measures.

FIR

The police are required to investigate an FIR. Once an FIR is registered, it triggers a formal investigation process, including the collection of evidence, recording of statements and potential arrest of suspects. The police must follow the procedural steps outlined in the CrPC to ensure a thorough and lawful investigation.

Anonymity

Complaint

A complaint can be made anonymously. Individuals who fear retaliation or wish to remain unidentified can report crimes without revealing their identity. This provision encourages more people to come forward with information about offences without fear of repercussions.

FIR

An FIR cannot be registered anonymously. The identity of the informant must be disclosed and documented. This requirement ensures accountability and credibility in the reporting of cognizable offences, as the informant may be required to testify or provide further information during the investigation and trial.

Legal Binding Nature

Complaint

A complaint is not a legally binding document. While it serves as an important tool for bringing offences to the notice of authorities, it does not have the same legal weight as an FIR. The police have discretion in deciding whether to pursue an investigation based on a complaint.

FIR

An FIR is a legally binding document that serves as the foundation for the investigation and subsequent prosecution of a cognizable offence. Once registered, it mandates the police to follow through with a formal investigation, making it a crucial step in the criminal justice process.

Here is a table summarizing the key differences between a complaint and an FIR:

Legal Implications and Procedures

FIR Procedures

When an FIR is filed, the police are mandated to follow specific procedures to ensure that the case is properly documented and investigated:

1. Recording the Information: The information provided by the informant must be accurately recorded in writing by the police officer.
2. Verification: The information is read back to the informant to confirm its accuracy.
3. Signing the Report: The informant must sign the report and the police officer must also sign it.
4. Entering into Records: The substance of the FIR must be entered into a book maintained by the police station.
5. Providing a Copy: A free copy of the FIR must be given to the informant.

Complaint Procedures

When a complaint is made to the Magistrate, the following steps are typically involved:

1. Filing the Complaint: The complaint can be made orally or in writing to the Magistrate.
2. Preliminary Examination: The Magistrate examines the complainant and any witnesses on oath to verify the substance of the complaint.
3. Recording Statements: The statements of the complainant and witnesses are recorded.
4. Ordering an Inquiry: If the Magistrate finds merit in the complaint, he may order an inquiry or direct the police to investigate.
5. Issue of Process: If there is sufficient ground for proceeding, the Magistrate may issue a summons or warrant against the accused.

Case Laws Highlighting Differences

Several landmark judgments have elucidated the distinctions between an FIR and a complaint:

• Ravishankar v. State of Madhya Pradesh: This case highlighted that an FIR is a formal and essential document that sets the criminal process in motion, whereas a complaint serves as an allegation that prompts judicial scrutiny.
• Madan Mohan v. State of Rajasthan: The Court emphasized that an FIR pertains strictly to cognizable offences, enabling immediate police action, while a complaint can be lodged for any offence, requiring judicial intervention for further proceedings.

Importance in the Criminal Justice System

The distinction between an FIR and a complaint is crucial for maintaining the integrity and efficiency of the Criminal Justice System. An FIR ensures that serious offences are promptly reported and investigated, while a complaint allows for judicial oversight in cases where immediate police action is not warranted.

Conclusion

Understanding the difference between an FIR and a complaint is essential for comprehending the mechanisms of the Criminal Justice System. An FIR serves as a preliminary step to bring cognizable offences to the attention of the police, enabling swift action and investigation. A complaint, on the other hand, is a formal allegation made to the Magistrate, which can pertain to any offence, triggering judicial scrutiny and potential inquiry.