Difference Between FIR and Complaint is discussed in this article. An FIR and Complaint are two important terms to understand when reporting crime to the police. These are crucial words in the criminal justice system.
FIR
Complaint
The term FIR is not defined in the Code. However, it is a piece of information given to the police first in point of time relating to a cognizable offence.
The term Complaint has been defined under section 2(h) of BNSS as "Complaint means 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 but does not include a police report."
FIR can only lodged by the person who has knowledge of the commission of a cognizable offence.
A complaint can be made by anyone, including a victim, witness or a third party.
An FIR must always be registered for cognizable offences only.
A complaint can be made for both cognizable and non-cognizable offences.
An FIR must be recorded in a specific format as per the BNSS.
A complaint does not require a specific format.
When an FIR is lodged a police officer starts the investigation.
When a complaint is filed no investigation is done by the police officer until directed by the Magistrate or Court.
FIR is prepared by the police when they receive information about the commission of cognizable offence.
A complaint is a written or verbal statement made by a person to a police officer or any other authority alleging that a crime has been committed.
An FIR must be filed as soon as the cognizable offence comes to the knowledge of the police.
