Table of Contents
What is Complaint?
The term “complaint” can be defined as any type of allegation made to a magistrate, other than a verbal police complaint, to induce him/her to act against a person under the Criminal Procedure Act.
A complaint is different from an informally filed case against someone. In an informally filed case, no legal action is taken against the accused person. However, in a complaint, the police can take legal action against the accused person. For example, if a man hits his wife, the police can legally file a complaint and punish him for domestic violence.
In addition, filing a complaint protects one from committing an act of violence oneself if one suspects that someone may have committed a crime against one’s property or family. Essentially, filing a complaint saves one from committing an act of violence unless necessary.
A complaint is an oral accusation against someone. In addition, a friend in need is someone who needs assistance and can make a complaint. A complaint can be direct or indirect based on one’s perception of what has happened. A citizen can file a complaint and request action against someone without knowing the person’s name
Any person is allowed to file a grievance, except within the case of wedding and defamation, wherever solely aggrieved party will complain. during a grievance, the plaintiff requests to punish the offender fitly.
What is FIR?
When police first receive information about a crime, a written document prepared by police is called an FIR or preliminary information report. Instead, a petition filed with a judge that contains criminal charges and seeks punishment of the defendant is called a complaint.
A first information report (or first information report or F.I.R) is a case filed by the police against a person accused of committing a crime. In other words, a first information report is the formal police report against an accused person.
It may include the date and time as well as the location where incident or crime happened, it may write down the name or address of the source of the information, the specifics of the offences, and comparable other information while lodging a FIR. It may be filed at the police station in the area where the offence occurred.
After thoroughly confirming the information provided, the officer may write down the information provided by the informant in the format specified, then a FIR is filed, read by the officer, and duly signed by the informant. The informant is given a copy of the FIR.
Difference Between Complaint and FIR
Both complaints and first information reports are ways for citizens to assist law enforcement in keeping their communities safe from violent criminals. Both methods have their pros and cons; however, it’s important for citizens to understand how these systems function so that they can make informed decisions about which system to use when acting as crime watchdogs for their communities.
- While there is no prescribed format for a complaint, an FIR can only be registered in the format required by law.
- A person can file a complaint with a Metropolitan Magistrate, and an informant or complainant can file an FIR with an officer at the appropriate police station.
- The report is issued for identifiable and unidentifiable crimes. In the case of an FIR, only identifiable offences are recorded.
Comparison Between Complaint and FIR
|Identity||Mostly unknown||Identity known|
|Information||complaint contains details about what has happened and includes names of all those involved- including perpetrators and victims||FIR contains the basic facts of a crime and the identity of the perpetrator.|
|Type||There is no set format.||Prescribed manner|
|Who have right to submit||Anyone who fits within specified exceptions||Any person, including the testimony or the offended party.|