Difference between an FIR & a Police Complaint

Bangalore Lawyers · 2020-07-17T11:32:28.332Z

The difference between a first information report and a police complaint is that an FIR relates to the cognizable offence whereas a police complaint can be filed for both non-cognizable and cognizable class of offences. 2. A complaint is to be given to a magistrate either orally or in writing, whereas the first information report is lodged at the police station nearby the place of commission of crime. 3. According to s. 2(d) Cr.P.C., a complaint is the allegation of fact which constitutes a complaint. Further, a complainant and a first informant need not be the same person. 4. Indian laws do not provide any strict format for a complaint, and thus an affidavit or a petition may also amount to a complaint in the court of law 5. The general rule is that any person having knowledge of the commission of an offence can file a complaint, even though the concerned person is not personally interested or affected by the offence, except in cases of offences relating to marriage, defamation etc. 6. When an informant approaches the police authorities relating the information about the commission of a cognizable offence it is called filing a complaint. This ‘first information’ in the form of a complaint when registered as prayed for by the informant u/s. 154 Cr.P.C., it constitutes ‘FIR’ which should on the face of it and in the light of subsequent events disclose the information within the meaning of this section.

The difference between a first information report and a police complaint is that an FIR relates to the cognizable offence whereas a police complaint can be filed for both non-cognizable and cognizable class of offences.
2. A complaint is to be given to a magistrate either orally or in writing, whereas the first information report is lodged at the police station nearby the place of commission of crime.
3. According to s. 2(d) Cr.P.C., a complaint is the allegation of fact which constitutes a complaint. Further, a complainant and a first informant need not be the same person.
4. Indian laws do not provide any strict format for a complaint, and thus an affidavit or a petition may also amount to a complaint in the court of law
5. The general rule is that any person having knowledge of the commission of an offence can file a complaint, even though the concerned person is not personally interested or affected by the offence, except in cases of offences relating to marriage, defamation etc.
6. When an informant approaches the police authorities relating the information about the commission of a cognizable offence it is called filing a complaint. This ‘first information’ in the form of a complaint when registered as prayed for by the informant u/s. 154 Cr.P.C., it constitutes ‘FIR’ which should on the face of it and in the light of subsequent events disclose the information within the meaning of this section.