Distinction between ‘Complaint’ and ‘F.I.R.’

March 18, 2023
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Section 2(d). defines “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Any person can give information to the police relating to the commission of a cognizable offence. Section 154 provides for the manner in which information to be recorded. This recorded information relating to cognizable offence contemplated by Section 154 is commonly known as first inform report (FIR), though that term is not mentioned in the Code.

Distinction between ‘Complaint’ and ‘F.I.R.’

(1) A complaint is made to a Magistrate but the FIR is to be registered with officer-in-charge of a police station.

(2) A complaint is related to cognizable or non-cognizable offence, a FIR is essentially related to cognizable offence.

(3) A complaint does not include the report of a police officer. A FIR of an offence may be given by any body, including a police officer.

(4) A Magistrate takes cognizance of a complainant made to him, but he cannot do so on a FIR. If you want to be a judicial officer and are looking for RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.

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