Difference between F.I.R. and Complaint
This article has been written by Sourav Bharti, a 3RD Year LL.B. student from Hemvati Nandan Bahuguna Garhwal University, Uttarakhand
Introduction
In every civilized society there is a concept of the Criminal Justice System to ensure justice delivery to the citizens by the operation of the Law of the Land. Crime can be defined as a wrong against the whole society. When a crime is committed it is the responsibility of the authorities of the State to ensure that the victim and the accused both should be given justice. From the commission of a crime to the final judgment of the Court, the whole process is known as the Criminal Justice System. The initiation of the Criminal Justice System begins with the information of the crime to the police officials that can be done by two ways.
-
- F.I.R. (First Information Report)
-
- Complaint
What is F.I.R.
F.I.R. is known as the First Information Report. The term F.I.R. has not been defined in the Criminal Procedure Code, 1973, however a small attempt can be made to define it as the information about the commission of a crime at the first instance made by any person to the police officer is known as First Information Report. This information can be given to the police officer by any person at any time provided that it must relate to a cognizable offence. The provision related to F.I.R. is provided under Section 154 of the Criminal Procedure Code, 1973.
Essential Ingredients
-
- There must be an information
-
- The information must relate with the commission of an offence
-
- The offence must be cognizable
-
- The information must be given to the police officer at the first instance
-
- Such information can be made either orally or in writing
What is cognizable offence?
Cognizable offence has been defined under Section 2(c) of the Criminal Procedure Code, 1973 as an offence in which a police officer may arrest any person without warrant, in accordance with the First Schedule of the Code. Cognizable offences are those which are grave and serious in nature.
What is non-cognizable offence?
Non-Cognizable offence has been defined under Section 2(l) of the Criminal Procedure Code, 1973 as an offence in which a police officer cannot arrest a person without warrant or order of the Magistrate. These offences are not serious.
Why F.I.R. is made?
The F.I.R. is made in order to set the criminal law in motion. The F.I.R. can only be made if the offence committed happens to be a cognizable offence. It can be made to any police officer or officer in charge of the police station. After the first information report is made it is the duty of the police officer to start the investigation with respect to the information received. In cognizable cases the police officer can investigate the matter without order of the magistrate within its local jurisdiction. The power of the police officer to investigate in cognizable cases is provided under Section 156 of the Criminal Procedure Code, 1973.
Essentials of Section 154 of Cr.P.C.
-
- The information received shall be reduced in writing.
-
- The information shall be read over to the informant.
-
- It shall be signed by the person giving it.
-
- The substance of the information shall be entered in a book to be kept by police officer.
-
- A copy of the information shall be given free of cost to the informant.
-
- If any police officer refuses to record information, such information can directly be made in writing to the Superintendent of Police of the Concerned area by post.
In case of Ravi Kumar v. Sate of Punjab AIR 2005 SC 1929, the Supreme Court held that, first information report is a report giving information of the commission of a cognizable offence which may be made by the complainant or by any other person knowing the commission of such offence.
In the case of State of Assam v. Upendra Nath Rajkhosla 1975 Cr LJ 354 (Gau). the Court held that, the information must not be vague but definite enough to enable the police to start investigation.
Complaint
Complaint is similar to that of F.I.R. but at the time it differs from it. The term “complaint” has been defined under Section 2(d) of the Criminal Procedure Code, 1973. It is an allegation made by any person to the Magistrate, that a person has committed an offence. Such allegation can be made either orally or in writing but not to the police officer, it is made to the Magistrate. The complaint can made with respect to both cognizable and non-cognizable offences.
Essential Ingredients
-
- There must be an allegation made
-
- It must be made against any person whether known or unknown
-
- It must be made with respect to commission of an offence
-
- It must be made to the Magistrate
-
- It must be made either orally or in writing
Why complaint is made?
Complaint can be made in both Cognizable and Non-cognizable cases to the Magistrate with a view that the Magistrate will take action against such person alleged to have committed an offence, however, if a report made by a police officer in a case, after investigation discloses, the commission of a non-cognizable offence, in that case the report shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be the complainant. After receiving the complaint if, the Magistrate is of opinion that there is substance in the complaint, he may order an inquiry with respect to the complaint made. In case of a complaint the police officer cannot start investigation without the order of the Magistrate.
How F.I.R is different from Complaint?
The term “F.I.R.” has not been defined under the Criminal Procedure Code, 1973 whereas the term “Complaint” is defined under 2(d) of Cr.P.C.
F.I.R. can only be made in relation to a cognizable offence whereas complaint can be made in relation to both cognizable and non-cognizable offences.
F.I.R. is made to the police officer or officer in charge of the police station whereas complaint can only be made to the Magistrate.
F.I.R. is the information about the commission of a crime whereas complaint is an allegation made against any person that he has committed an offence.
In case of F.I.R. police can start investigation on the basis of information received whereas in case of a complaint police cannot start investigation without the order of the magistrate.
In case of F.I.R. the Magistrate is required to take cognizance on the basis of police report whereas in case of a complaint the Magistrate may order for an inquiry.
Conclusion
Both F.I.R. and Complaint holds utmost importance in Indian Criminal Justice System. Both appears to be the same but there are some technical differences which makes distinction between them. It depends upon the facts, circumstances and nature of the offences. The person making complaint or information might not be aware of the technical differences however, it is the duty of the authorities to identify the nature of the offences and procced with the same to ensure the effective justice delivery for all the citizens of the nation.
References:
-
- The Code of Criminal Procedure, 1973
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening