A complaint and FIR are two legal procedures under the Criminal Procedure Code that differ in terms of who can file, where to file, types of offenses covered, and processes involved. While a complaint can be filed by anyone for any offense, an FIR can only be filed for cognizable offenses and requires police intervention for investigation.
First Information Report (FIR)
An FIR is information relating to the commission of a cognizable offense given to a police officer. It is the first step in the process of investigation into a potential criminal offense. As per Section 154 of the Criminal Procedure Code, when any information regarding commission of a cognizable offense is given to the police, they are required to register an FIR. An FIR can be filed by the victim, someone on behalf of the victim, or someone who has knowledge about the commission of the cognizable offense.
Complaint
A complaint is an allegation made orally or in writing to a magistrate, with a view to his taking action under the Criminal Procedure Code. As per Section 2(d) of CrPC, a complaint means any allegation made orally or in writing to a magistrate, with a view to his taking action under the CrPC, that some person has committed an offense. A complaint can be filed by any person even if they don’t have personal knowledge of the alleged offense. The magistrate may take cognizance of the offense on the basis of the complaint.
| Basis of Difference | Complaint | First Information Report (FIR) |
|---|---|---|
| Definition | An allegation made orally or in writing to a magistrate, with a view to his taking action under the CrPC | Information relating to the commission of a cognizable offense given to the police officer. (Section 154 CrPC) |
| Who can file | Can be filed by any person | Can be filed only by the victim, someone on behalf of the victim, or someone who has knowledge about the commission of the cognizable offense. (Section 154 CrPC) |
| Where to file | Made to a magistrate directly | Filed at a police station (Section 154 CrPC) |
| Cognizance | Magistrate can take cognizance based on a complaint | Magistrate cannot take cognizance based on FIR until police investigates and submits final report (Section 190, 173 CrPC) |
| Types of offenses | Can be filed for cognizable and non-cognizable offenses | Only for cognizable offenses (Section 2(c) CrPC) |
| Process | Can directly approach court | Requires police intervention and investigation after FIR is registered. |
| Limitation period | No limitation period to file complaint | FIR should be filed without delay, any delay has to be explained (Section 154 CrPC) |
