INTRODUCTION
FIR and complaint both are the faculty provided to citizens for their social welfare. Crime is something which is immoral and violation of certain ethics and law or order , of which it create disturbances in the society.
To prevent such commissions , there are rules made by the certain authority
FIR : First Information Report (FIR) is a written document prepared by police when they receive information about the commission of a cognizable offences. It is a report of information that reaches the police first in point of time and that is why it is called first information report . It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his\her. Anyone can report the commission of a cognizable either orally or in writing to the police station . One more thing that is even a telephonic messages can be treated as an fir .
IMPORTANCE OF FIR
An FIR is a very important document as its sets the process of criminal justice in motion . It is only after the FIR is registered in the police station than the police takes up investigation of the cases.
Who can apply/lodge a FIR?
Anyone who knows about the commission of a cogzniable offence can file a fir . It is not compulsory the party who suffered can fire a FIR , but a police officer who comes to know about the commission can also lodge a fir by himself.
Procedure of filing a FIR
The procedure of filing a FIR is prescribed in Section 154 of the Criminal procedure code , 1973
- There are three important element of an FIR :
The information must be related to the commission of a cognizable offence.
It should be given in writing or orally to the head of the police station.
It must be written down and signed by the informant and its key point should be recorded in a daily diary.
ACTIONS AFTER LODGING A FIR
The Police will investigate the case and will collect evidence in the form of statement of witness or other scientific material .
they can arrested the alleged person as per law . If there will be a sufficient evidence to determine the alllegations of the complainant , then a charge sheet will be filed .or a Final Report mentioning that no evidence is found will be filed in court.
If there found no offences is commited as per the report by the complainant , a cancellation report will be filed .
If no trace of the accused person is found , an untraced report will be filed . However , if the court does not agree with the investigation report , it can order further investigation.
COMPLAINT
Simply a legal complaint is also know as Petition , is a typically the first document filed in a law suit . It is the pleading that starts a lawsuit. Or the pleading that starts a law suit.
A Complaint motive can be
- To identify the parties including their names and address.
- Explain why the court has the jurisdictions to hear the cases.
- States the plantiff ‘s claims against the defendant .
- Sets forth the plantiff’s request for relief
Procedure
In India , it means a complaint , made in such a way allerging that a public servant has committed an offences punishable under the Prevention of Corruption Act , 1988. It means any allegation in writing made by the complainant
- A unfair trade practices or a restrictive trade practiceshas been adopted by any trader
- The good bought by him or agreed to be bought by him suffer from one or more defects.
Conclusion
At conclusion , FIR is typically filed by the police in response to crime that has been reported to them , while a complaint is typically filed by an individual or entity who has been harmed by another person or entity and wants to seek redress through legal system.
REFERENCES
1. WEBSITE : ARTICLESONLAW.IN
2. WIKKIPEDIA 3. BARE ACT (CRPC)
THIS ARICLE IS WRITTEN BY OM PRAKASH
TIWARI , A STUDENT OF 1ST YEAR FIMT, GURU GOBIND SINGH INDRAPRASTH UNIVERSITY , NEW DELHI.
Aishwarya Says:
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