1

Difference Between FIR & Complaint

Crime is a wrong against the society at large. It creates an alarming situation in the society.
Therefore, any person can come up with a complaint or an information before the concerned
authority. The motive of both the things is to attract the attention of the authorities and to punish
the offender. Informing of a commission of crime is one of the important process in Criminal Justice
System.

Basis of FIR Complaint

Difference

Definition FIR is not defined in the code. Complaint is defined u/s 2 (d), which
However, it can be said to be an means any allegation made orally or in
information given to the police first writing to a magistrate, with a view to his
in point of time relating to a taking action under the code, that some
cognizable offence. person whether known or unknown has
committed an offence. It, does not include
a police report
Who may First information report may be Whereas, Complaint can be filed by any
Apply? lodged by any person such as the person subject to certain exceptions.
aggrieved party or an eye witness

Whom to First information report is made to Complaint is made to a magistrate

Apply? the competent police officer

Nature of First Information Report must relate A complaint may relate to a cognizable or
Offence to a cognizable offence on the face non-cognizable offence.
of it.

Investigation When a FIR is lodged, a policer Whereas, when complaint is filed no

officer starts with investigating the investigation is done by the police officer
matter. until directed by the competent authority.

Cognizance At the first instance no cognizance is A Magistrate takes cognizance on the

taken by the Magistrate until complaint made to him at the very first
particular FIR is reported to him. stage.

Format There is prescribed format by law for No prescribed format is given for filing a
FIR complaint. But some essential ingredients
are to be satisfied.