Difference Between Discharge and Acquittal
Difference Between FIR and Complaint
Detailed Explanation with Case Laws
Introduction:
In criminal law, FIR (First Information Report) and Complaint are two crucial concepts related to the initiation of criminal proceedings. Both are modes to bring cognizable offenses to the notice of law enforcement agencies but differ in their nature, who can file them, and their legal effect.
Definitions:
FIR (First Information Report):
Under Section 154 of the Criminal Procedure Code (CrPC), FIR is the first information given to the police about the commission of a cognizable offense (a serious offense where the police have the authority to investigate without prior approval of a magistrate). It is generally recorded by the police and sets the criminal law machinery in motion.
Complaint:
Defined under Section 2(d) of the CrPC, a complaint is any allegation made orally or in writing to a magistrate, stating the commission of a non-cognizable or cognizable offense by any person, including a private individual. It is addressed to a magistrate, who then may order investigation or direct action.
Key Differences Between FIR and Complaint:
| Aspect | FIR | Complaint |
|---|---|---|
| Definition | Information relating to cognizable offense given to the police | Allegation made to a magistrate about an offense |
| Filed by | Generally by the victim or eyewitness at police station | Can be filed by any person (victim, witness, third party) directly to magistrate |
| Type of Offense | Relates primarily to cognizable offenses | Can relate to both cognizable and non-cognizable offenses |
| Who Records? | Police officer | Magistrate (sometimes police on magistrate’s direction) |
| Legal Effect | Triggers police investigation directly | Magistrate decides whether to order investigation or take cognizance |
| Role of Police | Police must register FIR and start investigation | Police act only after magistrate orders investigation |
| Procedure | Mandatory registration under Section 154 CrPC | Magistrate examines complaint under Section 200 CrPC before proceeding |
| Jurisdiction | Police station within territorial limits | Magistrate’s court jurisdiction |
When is an FIR Required?
An FIR must be registered when information is received about a cognizable offense.
The police cannot refuse to register an FIR if information discloses commission of such an offense.
Once FIR is registered, police are duty-bound to investigate.
When is a Complaint Used?
For non-cognizable offenses, which are less serious and require magistrate’s sanction for investigation.
A complaint may also be filed for cognizable offenses directly to a magistrate in case FIR is refused or in special cases.
Important Case Laws Explaining the Difference:
1. Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1
The Supreme Court held that registration of FIR is mandatory under Section 154 CrPC when information discloses cognizable offense.
Emphasized the police’s duty to register FIR without delay and refusal to do so is illegal.
2. Bhagwan Singh v. Commissioner of Police, (1954) SCR 840
Held that FIR is a report to police and complaint is report to magistrate.
Complaints are necessary when police refuse to register FIR.
3. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
Distinguished FIR and complaint, elaborating that FIR starts police investigation while complaint requires magistrate’s intervention.
4. S. Rajendra Kumar v. State of T.N., AIR 1994 SC 1647
Clarified that complaint is broader, encompassing FIR, but FIR is a special type of complaint made to police.
5. K. Ramachandra Reddy v. V. Janakiram, AIR 1976 SC 2040
Held that police must register FIR if information discloses cognizable offense, and refusal amounts to dereliction of duty.
Illustration:
FIR Example:
If a theft occurs, the victim or witness can go to the police station and lodge an FIR under Section 154 CrPC, which will initiate police investigation.
Complaint Example:
For a minor offense like defamation, the complainant may file a complaint before a magistrate who then decides whether to summon accused or order investigation.
Summary Table:
| Criteria | FIR | Complaint |
|---|---|---|
| Filed by | Victim or eyewitness | Any person, including victim or third party |
| Where filed | Police station | Magistrate’s court |
| Type of offense | Cognizable | Cognizable or Non-cognizable |
| Police role | Registers and investigates | Investigates only on magistrate’s order |
| Legal effect | Triggers investigation automatically | Magistrate decides further course |
Conclusion:
FIR is the first official police report for cognizable offenses that starts police investigation immediately.
Complaint is an allegation made to a magistrate, who then decides the course of action, applicable for both cognizable and non-cognizable offenses.
The law requires police to register an FIR promptly and not to refuse it; refusal can be challenged in court.
Complaints ensure access to justice when FIRs are not registered or for offenses requiring magistrate’s intervention.
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