Define and distinguish between Complaint and First Information Report

Question: Define and distinguish between Complaint and First Information Report [U.P.C.J. 1991]

Find the answer to the mains question only on Legal Bites. [Define and distinguish between Complaint and First Information Report.]

Answer

FIR is not defined in the code. However, it can be said to be information given to the police first in point of time relating to a cognizable offence.

The complaint is defined under section 2 (d), which means any allegation made orally or in writing to a magistrate, with a view to his taking action under the code, that some person whether known or unknown has committed an offence. It does not include a police report.

Key differences-

1. The first information report is made to the competent police officer. The complaint is made to a magistrate.
2. First Information Report must relate to a cognizable offence on the face of it. A complaint may relate to a cognizable or non-cognizable offence.
3. When an FIR is lodged, a police officer starts with investigating the matter. Whereas, when a complaint is filed no investigation is done by the police officer until directed by the competent authority.
4. Any person can make a complaint to the magistrate regarding the offence, except in the case of marriage and defamation wherein only the aggrieved party can make a complaint. On the contrary, any person who is an aggrieved party, witness, or is having knowledge of the crime can file FIR.
5. While a complaint has no prescribed format, FIR can only be registered in the format prescribed by the law.

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