logo logo

Difference Between FIR and Complaint – With Examples

Recent Posts

Jurisprudence in Law – Complete Guide, Schools & Importance (2025) 8/27/2025
Agreement to Sell vs Sale Deed in India – Key Differences, Legal Validity & Format 8/19/2025
Promissory Note in India – Meaning, Format, Legal Validity & Examples 8/19/2025
Anticipatory Bail in India – Meaning, Procedure, and Conditions 8/14/2025
AI in Legal Sector India – How Legaltech is Changing Law Firms & Courts 8/14/2025

Difference Between FIR and Complaint – With Examples

Difference Between FIR and Complaint – With Examples

Introduction

In Indian criminal law, many people often confuse an FIR (First Information Report) with a complaint. While both serve as mechanisms to initiate legal action, they differ significantly in terms of procedure, authority, and effect. This article simplifies the difference between an FIR and a complaint, with practical examples and references to key legal provisions.

What is an FIR?

FIR stands for First Information Report. It is the first step in the investigation process for cognizable offences — crimes that are more serious and require immediate police action, like murder, rape, theft, etc.

Key Features:

  • Filed with the police.

  • Only for cognizable offences.

  • Leads to immediate investigation and arrest.

  • Must be recorded in writing, read out, and signed by the informant.

  • A copy is provided free of cost.

Example:

If you witness a robbery, you can go to the nearest police station and lodge an FIR. The police are duty-bound to register it and start investigating immediately.

What is a Complaint?

A complaint is defined under Section 2(h) of the BNSS. It is a formal allegation made before a Magistrate, either orally or in writing, with a request to take legal action against a person.

Key Features:

  • Filed with a Magistrate, not police.

  • Can be made for cognizable or non-cognizable offences.

  • Magistrate may direct police to investigate or conduct inquiry himself.

  • No automatic investigation unless directed by court.

Example:

If someone forges your signature on a property document and the police refuse to act, you can file a criminal complaint before the Magistrate, who can then direct action.

Key Differences Between FIR and Complaint

CriteriaFIRComplaint
Filed BeforePolice OfficerMagistrate
Applicable ToCognizable OffencesBoth Cognizable & Non-Cognizable
Investigation StartsImmediately after filingOnly if Magistrate directs


ExampleMurder, Theft, KidnappingForgery, Defamation, Cheating

What If Police Refuse to Register an FIR?

You can:

  1. Approach the SP or Commissioner 

  2. File a complaint before the Magistrate 

  3. Approach the High Court under Article 226 of the Constitution or file a writ petition.

Conclusion

Understanding the difference between FIR and complaint can empower you to take the right legal action at the right time. While FIRs are vital for urgent police involvement in serious crimes, complaints offer a judicial pathway when the police fail to act or when the matter is less severe.