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    Difference Between FIR & Complaint (Sub Heading - Code of Criminal Procedure, 1973 or CRPC, 1973), Heading - Law Notes

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    Dipti Jani
    FIR refers to a first information report filed with the police about the commission of a cognizable offense, while a complaint can be filed with a magistrate about any offense and requests them to take action. A FIR must be filed with the police about a cognizable offense, which then triggers an investigation. In contrast, filing a complaint does not automatically lead to an investigation unless the magistrate directs the police to do so. The key differences are who they are filed with, the types of offenses they can involve, and whether an investigation is automatically initiated.

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    Difference Between FIR & Complaint (Sub Heading - Code of Criminal Procedure, 1973 or CRPC, 1973), Heading - Law Notes

    Uploaded by

    Dipti Jani
    53 views1 page
    FIR refers to a first information report filed with the police about the commission of a cognizable offense, while a complaint can be filed with a magistrate about any offense and requests them to take action. A FIR must be filed with the police about a cognizable offense, which then triggers an investigation. In contrast, filing a complaint does not automatically lead to an investigation unless the magistrate directs the police to do so. The key differences are who they are filed with, the types of offenses they can involve, and whether an investigation is automatically initiated.

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    Difference Between FIR & Complaint (Sub heading- Code of Criminal Procedure, 1973 or CrPC, 1973) , heading- Law Notes

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    FIR refers to a first information report filed with the police about the commission of a cognizable offense, while a complaint can be filed with a magistrate about any offense and requests them to take action. A FIR must be filed with the police about a cognizable offense, which then triggers an investigation. In contrast, filing a complaint does not automatically lead to an investigation unless the magistrate directs the police to do so. The key differences are who they are filed with, the types of offenses they can involve, and whether an investigation is automatically initiated.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    53 views1 page

    Difference Between FIR & Complaint (Sub Heading - Code of Criminal Procedure, 1973 or CRPC, 1973), Heading - Law Notes

    Uploaded by

    Dipti Jani
    FIR refers to a first information report filed with the police about the commission of a cognizable offense, while a complaint can be filed with a magistrate about any offense and requests them to take action. A FIR must be filed with the police about a cognizable offense, which then triggers an investigation. In contrast, filing a complaint does not automatically lead to an investigation unless the magistrate directs the police to do so. The key differences are who they are filed with, the types of offenses they can involve, and whether an investigation is automatically initiated.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    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.

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