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What is a Complaint?
Complaint is defined under Section 2(d) of the Code of Criminal Procedure, 1973 or CrPC as ‘an 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.’
The explanation to the section further provides that if the commission of a non-cognizable offence is disclosed in the investigation report.
The report will then be called the complaint and the officer who filed the report will then become the complainant.
Section 200, CrPC requires the Magistrate to examine the complainant and any witness under oath before putting it down in writing. The written complaint will then be signed by the complainant and the aforementioned witnesses.
What is FIR?
According to Section 154(1), CrPC, all the information received about a cognizable offence being committed by the officer in charge of a police station should be put into writing.
The written version will then be read to the person informing the officer about the offence and then signed by him. This report is generally called the First Information Report or FIR.
True to its name, an FIR is the first information given to the police regarding an offence being committed and it is on the basis of this information that further action will be taken.
Since it is the first report it need not be in great detail and only the bare essentials such as the facts, time and place of commission, etc. are required.
However, the information given should not be vague and the commission of a cognizable offence must be established. An FIR should not be filed on the basis of baseless rumors or gossip.
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