FIR (First Information Report)

An FIR is a formal report lodged with the police by the victim of a cognizable offense or by
someone on their behalf. It is a written document that provides information about the
commission of the offense, including the date, time, place, and details of the incident. The police
officer in charge of the police station is obligated to register an FIR without any delay or excuses
upon receiving information about a cognizable offense.

Direct Complaint

A direct complaint is a written petition filed directly with a magistrate by a victim or their
representative, alleging the commission of an offense. It is typically used for non-cognizable
offenses, where the police are not authorized to arrest without a warrant. The magistrate
reviews the complaint and decides whether to initiate proceedings against the accused.

Key Differences

● Initiation: An FIR is initiated by the police, while a direct complaint is initiated by the victim
or their representative.
● Offenses: An FIR is filed for cognizable offenses, while a direct complaint is filed for
non-cognizable offenses.
● Investigation: Upon registering an FIR, the police are obligated to investigate the offense.
In contrast, no investigation is initiated based on a direct complaint unless the magistrate
orders one.

Applicable Sections of CrPC Pakistan

● Section 154 CrPC: This section mandates the registration of an FIR upon receiving
information about a cognizable offense.
● Section 190 CrPC: This section outlines the procedure for filing a direct complaint with a
magistrate.

Case Laws

● Muhammad Khan v. Khizar Hayat etc. PLJ 1977 Lah. 175 This case emphasized that
the police are duty-bound to register an FIR for cognizable offenses, and a magistrate
cannot direct them to do so.
● Muhammad Ramzan 1979 SCMR 200 This case highlighted that a magistrate can order
an investigation based on a direct complaint if they find sufficient grounds to proceed.

In essence, FIRs and direct complaints serve different purposes in the criminal justice system.
FIRs initiate investigations into cognizable offenses, while direct complaints provide a
mechanism for pursuing non-cognizable offenses when the police are unable or unwilling to act.