What is the difference between complaint and fir

This article is written by Team LawSikho. This article discusses the main difference between a first information report and a police report. The main point of difference between a first information report and a police complaint is that an FIR relates to a cognizable offense whereas a police complaint can be filed for both cognizable and non-cognizable class Aof offenses. Though FIR is similar to a complaint, there are differences in terms of offenses they deal with, punishments, legal consequences, evidentiary value, etc.

Further, the FIR is required to be lodged at the police station nearby the place of commission of the crime, while the complaint can be filed with a metropolitan magistrate or equivalent court as well, with a view to requesting action on it.

According to Section 2 d of the Code of Criminal Procedure, , a complaint is an allegation that some person has committed an offense. Further, a complainant and a first informant need not be the same person. Indian criminal laws do not provide any strict form for a complaint, and thus an affidavit or a petition may also amount to a complaint in the court of law. Whereas the FIR is usually in a pre-defined format. When an informant approaches the police authorities to inform about the commission of a cognizable offense it is called filing a complaint.

This information in the form of a complaint, when registered, in accordance with of the Code of Criminal Procedure, , becomes an FIR. I had filed a written complaint against my relatives after 5 days of incident of beating me in public i. The police did not take any action. Can I do anything about it now?

It is related only to cognizable criminal offences. On the other hand, police complaint can be cognizable or non-cognizable offences. Who can make a complaint? Anyone can make a complaint. If you have, Experienced inappropriate behavior from a police officer or member of police staff.

Witnessed an incident — for example, you were present when an incident took place. Image Courtesy: 1. Comments i am complain at gujrat vadodara Gotri police station from 7 days but not taking any action from him not convert COMPLAIN to FIR just only given time opposite party coming two-marrow so come two-marrow from 7 days continue this type of behavior not taken any action.

Though the first information report is similar to a complaint, there are differences in terms of offenses they deal with, punishments, legal consequences, evidentiary value, etc.

Further, the first information report is required to be lodged at the police station nearby the place of commission of the crime, while the complaint can be filed with a metropolitan magistrate or equivalent court as well, with a view to requesting action on it. In general, terms when a victim, witness or person who has knowledge of the crime reports it to an Officer In Charge of the Police Station and thereafter the document which is prepared by the Police is known as FIR.

When Complainant makes an allegation to the Magistrate orally or in writing, with a view to providing him information regarding the crime committed by any person is termed as Complaint. A trial is always for an offence. A trial ends in acquittal or conviction of an accused.

Trial is the examination and determination of cause by a judicial tribunal. Trial follows inquiry. Trial is the third stage. An inquiry does not necessarily relate to only offences. For Example, Inquiry made in disputes relating to an immovable property with regard to the possession, public nuisance, or for the maintenance of wives.

An inquiry into an offence never ends in a conviction or acquittal. Inquiry includes every inquiry other than a trial conducted by magistrate or court. Inquiry precedes a trial. Inquiry is the second stage in a criminal case. Here is a side by side difference between trial and inquiry under CrPC. An investigation is made by a police officer or by some person authorised by a magistrate. The object of an investigation is to collect evidence for the prosecution of the case. An investigation is the first stage of a criminal case.

Investigation is not a judicial proceeding. An inquiry is made by magistrate or court.