Distinction between FIR and Complaint || CrPC

Distinction between FIR and Complaint || Target Judiciary

Hello friends today’s topic is Distinction between FIR and Complaint

Firstly to know Distinction between FIR and Complaint, we discuss first about what is FIR? After that we discuss about What is complaint? and at the end we discuss about Distinction between FIR and Complaint. So let start the topic.

Distinction between FIR and Complaint || Target Judiciary
Distinction between FIR and Complaint || Target Judiciary

Before we go know about Distinction between FIR and Complaint, we know first what is FIR : –

FIR (First Information Report) is not defined in the Code. But FIR may be defined as –




  1. FIR is an information given to police officer.
  2. FIR is an information first in point of time.
  3. FIR is on the basis on this information that investigation into offence commences.
  4. Information must relate to cognizable offence.

FIR as the name suggests is that information which is first in point of time. It is information about commission of a cognizable offence committed within local jurisdiction or not. { SEC. 154 } This information has to be prior to the investigation of a case therefore it is also known as prior investigation report. The FIR need not contain every detail of the case.

Before we go know about Distinction between FIR and Complaint, we know first what is Complaint :

A complaint is defined in the Code to mean any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence. the word ‘complaint’ does not include a police report but if a report is made by a police officer in a case which disclosed in the commission of a non-cognizable offence, the same is deemed to be a complaint, and the police officer by whom such a report is made is deemed to be complainant.

Ingredients of complaint

  • There must be allegation about commission of offence.
  • It must be made to the Magistrate either orally or in writing.
  • It will be made for taking action against person who has committed an offence.
  • It must be against some person, whether known or unknown.
  • A complaint need not contain all details of prosecutions evidence.
  • A complaint can be filed by any person except in cases of offences related to marriage, defamation and offences under Section 195 – 197, which can be filed by an aggrieved person or any other person mentioned therein.

Distinction between FIR and Complaint

Complaint FIR
Complaint is made orally or in writing to a Magistrate. FIR is given to officer-in-charge of a police station.
Complaint may relate to cognizable / non cognizable offence. FIR must relate to cognizable offence or case.
Magistrate may take cognizance of an offence on complaint made to him. Magistrate cannot take cognizance on FIR.
Complaint does not include police report. FIR may given by police officer.

So friends today we discussed on Distinction between FIR and Complaint. Keep comments in box to tell about this topic. Thanks

 


Distinction between FIR and Complaint || Target Judiciary Download in DPF.pdf – 132 KB

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Author: kuldip sir

Author written more then 25 research papers and articles in reputed journals and also attend or presented papers in International / national seminars

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