Difference between FIR and Complaint: Which is correct and when?
In India, when a crime is committed against someone, the first question that arises is whether to file an FIR or a complaint. Citizens often confuse the two, believing that an FIR and a complaint are the same thing, but they have completely different legal meanings, procedures, and implications.
What is an FIR?
What is a complaint? The difference between an FIR and a complaint. Which option should be chosen when? Practical examples. Legal advice. This information is very important for every citizen.
When is FIR Registered?
When the crime: It is serious enough that the police can investigate without court permission such as theft, robbery, rape, murder, serious assault, etc.
What is a Complaint?
A complaint is a person filing a complaint with an authorized officer or court. Key features of a complaint A complaint can be filed with either the police or a magistrate. It can be filed in both cognizable and non-cognizable cases. It is not necessary to immediately file an FIR based on a complaint. The magistrate can first order an investigation or inquiry.
Where Can a Complaint be Lodged?
Police Station Magistrate Court Other Competent Authority