This article has been written by Jenia Begam from LJD Law College, University of Calcutta

Introduction

A complaint is defined as any accusation made to a magistrate regarding a crime, including police reports, under Section 2(d) of the Code of Criminal Procedure, 1973. The First Information Report (FIR), which forms the basis of a case, is an important document for both the prosecution and the defence. It is the first notification of a cognizable offence to a police official and is covered by Section 154 of the CrPC. The purpose of police inquiries is to get proof and apprehend the offender. Chapter XII of the CrPC, Sections 154 to 176, regulate the procedure for documenting information pertaining to cognizable offence. Should the policeman decline to take notes, the Chief of Police has the authority to carry out the inquiry or provide guidance to a lower-level officer.

Complaint

• Definition

The term “complaint” under Section 2(d) of The Code of Criminal Procedure, 1973^[1] refers to any oral or written accusation submitted to a magistrate with the intention of him taking action under this Code about the commission of a crime by any person, whether known or unknown; it excludes police reports. Explanation: A police report in which it is discovered, following an inquiry, that a non-cognizable offence was committed is considered a complaint, and the police officer who filed the report is considered the complainant.

• Complaint to Magistrate under CrPC

A complaint is a declaration given to a magistrate in accordance with the Code of Criminal Procedure (CrPC), either verbally or in writing, with the goal of starting legal action against an offending party. In order to determine if there is enough evidence to pursue the complaint, a magistrate in a criminal case must follow the process outlined in Section 200 of the CrPC while questioning the complainant and witnesses. In the event that a Magistrate receives a direct complaint and determines there is insufficient basis to move forward right away, they are required by Section 201 to adhere to the process delineated in Section 200. This guarantees that the Magistrate can handle the complaint in an effective and timely manner.

The Essential Elements of a Complaint

The following are the necessary components of a complaint:

(i) Only a magistrate may be the target of the complaint; a judge or police officer may not.

(ii) The accusation has to be made in order for the Magistrate to use the Code to take appropriate action.

(iii) The accusation cannot be merely made as a factual declaration to a magistrate without intending to request that he take any further action.

(iv) The accusation must relate to a real offence; it does not have to name the specific perpetrator.

The fact that anybody who is aware of the crime can file a complaint instead of only the individual who was harmed is noteworthy.

First Information Report (FIR )

• Definition

The First Information Report (FIR) is a crucial document for both prosecution and defense, serving as the initial foundation for a case. It is covered under Section 154 of the Code of Criminal Procedure, 1973 (CrPC)^[2] and is the first information of a cognizable offence to a police officer. The FIR is not intended to be detailed but serves as an essential document for both parties. Police investigations are crucial tasks, aiming to gather evidence and arrest the wrongdoer. The process for recording information related to cognizable offence is governed by Sections 154 to 176 of Chapter XII of the CrPC. If verbal information is provided, the officer must reduce it in writing, sign it, and enter it in a book approved by the state administration. The informant must receive a free copy of the recorded information. If the officer in charge refuses to record, the Superintendent of Police may conduct the investigation or instruct a subordinate police officer.

The Essential Elements of an FIR

1. The information is about the conduct of a crime that is punishable by law. It is cognizable Offence .

2. It is provided verbally or in writing by the informant,

3. If provided orally, it must be put in writing by the officer overseeing a police station or acting under his supervision, and if provided in writing or put in writing, the giver must sign it,

4. The content of the information will be recorded in a book in the format that the State Government specifies. “General Diary” is the title of this book.

5. A complaint or accusation about the commission of a crime that is punishable by law must be present for the information to be considered a formal complaint (FIR).

Important of FIR

The main goals of the F.I.R. are to implement criminal legislation and gather information regarding suspected criminal conduct so that appropriate action may be taken to identify and apprehend those responsible.Therefore, the three purposes of Section 154 are as follows:

1. Notifying the Magistrate and the District S. P., who are in charge of maintaining the district’s peace and safety, about the infractions reported to the police station.

2. To inform the judges who will hear the case in the end about the facts disclosed right away following the incident and the documents that served as the foundation for the investigation,

3. To protect the accused against further alterations or additions.

Compare between Complaint and First information report (FIR) :

Advantages and Disadvantages of Complaint:

In India, complaints are official expressions of discontent or grievance that are made with the Consumer Disputes Redressal Forum or the National Consumer Disputes Redressal Commission for settlement.

Advantages of Complaint

1. Individuals and organizations can use this channel to express their discontent and seek redress for any issues they may have.
2. Complaints may be used to monitor and assess the performance of organizations and authorities, allowing for openness and accountability.
3. Complaints have the potential to raise public awareness about concerns and problems that might otherwise go unreported.
4. Complaints may provide individuals and communities with a voice and a way to hold organizations and authorities responsible for their conduct.

Disadvantages of Complaint

1. It may be time-consuming and expensive for both the complaint and the organization or entity being criticized.
2. Some persons or organizations may register frivolous or malicious complaints, making it vulnerable to misuse.
3. Can result in a poor public image for organizations and authorities that are frequently the target of complaints.
4. Can lead to a loss of trust and confidence in organizations and authorities, since complaints may be interpreted as evidence of their inability to manage issues and problems adequately.

Advantages and Disadvantages of FIR

The First Information Report (FIR) is a critical document in India’s criminal investigation process, outlining the incident, victims, suspects, and other pertinent data, and laying the groundwork for the whole case’s investigation and prosecution.

Advantages of FIR

1. Because a FIR is a legally recognized document filed by the police, it has more weight than a simple complaint. This can be utilized in court to assist show that the crime was done.
2. By filing a FIR, the police are held accountable for the investigation of the crime as well as the protection of the victim and witnesses.
3. An FIR provides information on the crime, the names of the accused, and any other information that can aid in the investigation and prosecution of the crime.
4. A legal document such as a FIR makes the process of reporting a crime more visible and responsible.

Disadvantages of FIR

1. Filing a FIR can be time-consuming since it requires the individual filing the complaint to provide a thorough narrative of the offence and to answer police inquiries.
2. Registering a FIR can be a difficult procedure, especially for those who are unfamiliar with the legal system.
3. The police may decline to file a FIR if the complainant lacks sufficient proof or if the cops are biased against the accused.
4. Some persons may be hesitant to file a FIR because they are afraid of being retaliated against by the accused or their allies.

Conclusion

Both F.I.R. and Complaint are extremely important in the Indian Criminal Justice System. Both look to be the same, yet there are several technical distinctions that distinguish them. It is determined by the facts, circumstances, and nature of the offence. Although the individual filing the complaint or providing information may be unaware of the technical distinctions, it is the responsibility of the authorities to determine the nature of the violations and proceed with the same to ensure effective justice delivery for all people of the nation.

Reference

https://indiankanoon.org/doc/255245/

https://indiankanoon.org/doc/1980578/

https://blog.ipleaders.in/fir

https://blog.ipleaders.in/fir

http://student.manupatra.com/Ac