Introduction

Many people use the terms FIR and Complaint interchangeably, but they are not the same. While both are ways of reporting an offence, they serve different legal purposes and follow different procedures under Indian law.

The procedure relating to the registration of an FIR (First Information Report) and filing a Complaint is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

This guide explains the key differences between an FIR and a Complaint, when each is used, and the legal procedure involved.

What is an FIR?

An FIR (First Information Report) is the first information recorded by the police regarding the commission of a cognizable offence.

Once an FIR is registered, the police may begin the investigation in accordance with the law and take further legal action where permitted.

What is a Complaint?

A Complaint is an allegation made to a Magistrate or, in certain cases, to the police, stating that an offence has been committed and requesting legal action against the accused.

A complaint is commonly used in matters where an FIR is not required or where the law requires the complainant to approach the Magistrate.

FIR vs Complaint – Key Differences

Basis FIR Complaint
Meaning First Information Report recorded by the police Allegation made before a Magistrate or, in some cases, the police
Applicable Offences Generally cognizable offences Often used for non-cognizable offences or where the law requires a complaint
Who Records It Police Officer Magistrate or the concerned authority, depending on the case
Investigation Police may investigate according to law Investigation may require directions from the Magistrate, depending on the case
Purpose To initiate police investigation To seek legal action through the appropriate legal process

When Should You File an FIR?

An FIR is generally appropriate when:

  • A cognizable offence has been committed.

  • Immediate police intervention is necessary.

  • The law permits the police to investigate without prior permission from the Magistrate.

Examples include:

  • Murder.

  • Robbery.

  • Kidnapping.

  • Rape.

  • Dacoity.

  • Serious criminal offences.

When Should You File a Complaint?

A complaint may be appropriate when:

  • The offence is non-cognizable.

  • The police decline to register an FIR where legally permissible remedies are available.

  • The law specifically requires filing a complaint before the Magistrate.

  • The complainant seeks legal action through the court.

How to File an FIR

Step 1

Visit the jurisdictional police station or use an online FIR facility where available.

Step 2

Provide complete details of the incident, including:

  • Date and time.

  • Place of occurrence.

  • Persons involved.

  • Description of the offence.

Step 3

The police record the information.

Step 4

After registration, obtain a copy of the FIR.

Step 5

The police proceed with the investigation in accordance with the law.

How to File a Complaint

Step 1

Prepare a written complaint containing all relevant facts.

Step 2

Attach supporting documents or evidence, if available.

Step 3

Submit the complaint before the competent Magistrate or other appropriate authority.

Step 4

The Magistrate examines the complaint and proceeds according to the applicable legal provisions.

Documents Generally Required

Depending on the nature of the case, the following documents may be required:

  • Identity Proof.

  • Written Complaint or FIR details.

  • Supporting documents.

  • Photographs or videos (if available).

  • Medical records (where relevant).

  • Witness details (if available).

  • Other relevant evidence.

Can the Police Refuse to Register an FIR?

The legal obligations of the police depend on the nature of the alleged offence and the applicable law.

If a person believes that an FIR has been wrongly refused, remedies may be available under the BNSS, 2023, including approaching senior police officers or the competent Magistrate, subject to the applicable legal provisions.

RightToLaw Team
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RightToLaw Team

Legal Research Team

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Frequently Asked Questions

An FIR (First Information Report) is the first information recorded by the police regarding the commission of a cognizable offence.

A complaint is an allegation made before a Magistrate or other competent authority requesting legal action against a person who is alleged to have committed an offence.

No. A complaint and an FIR are different legal processes. Every complaint does not result in the registration of an FIR.

The procedure depends on the applicable law. Non-cognizable offences generally follow a different legal process than cognizable offences.

Any person having knowledge of the commission of a cognizable offence may provide the information to the police.

Yes. In appropriate cases, the law permits a person to file a complaint before the competent Magistrate.

No. An FIR only initiates the criminal investigation. Guilt or innocence is determined by the competent court after considering the evidence.

Depending on the facts of the case, remedies may be available under the BNSS, including approaching senior police officers or the competent Magistrate.

While an FIR should ideally be lodged as soon as possible after the incident, the legal consequences of delay depend on the facts and circumstances of each case.

Yes. In appropriate circumstances and subject to the applicable law, an FIR may be quashed or otherwise dealt with through the legal process by the competent court.