When dealing with legal matters in India, it is important to understand the difference between a police complaint and an FIR (First Information Report). Though both involve reporting an offense to the police, they serve different purposes, have distinct legal standing, and result in different actions by law enforcement authorities.
This article explains in detail the meaning, legal provisions, processes, and key differences between a police complaint and an FIR, along with FAQs and legal remedies available in case of police inaction.
What is a Police Complaint?
A police complaint is a formal request made by an individual to the police, informing them about an offense, grievance, or wrongdoing. A complaint can be made orally or in writing, and it can relate to both cognizable and non-cognizable offenses.
Legal Recognition of a Complaint
A police complaint is not defined in the Criminal Procedure Code (CrPC), 1973. However, the police register complaints as part of their general duty. If the complaint involves a cognizable offense, the police may register an FIR. If the complaint involves a non-cognizable offense, the police may record it but cannot investigate without prior approval from a magistrate (under Section 155 CrPC).
Process of Filing a Police Complaint
- The complainant visits the police station and verbally informs the police or submits a written complaint.
- The police register the complaint in the station diary.
- If the complaint pertains to a cognizable offense, the police may convert it into an FIR and initiate an investigation.
- If it is a non-cognizable offense, the police inform the complainant that they cannot investigate without magistrate approval.
- The police may offer assistance, issue a warning to the accused, or suggest alternative legal remedies.
Examples of Police Complaints
- Lost Mobile or Documents: Reporting a lost mobile phone or important documents.
- Online Fraud or Cyber Harassment: Filing a complaint about cyber fraud or abusive messages.
- Property Dispute: Lodging a complaint regarding illegal encroachment or property damage.
- Public Nuisance: Complaining about loud noise, illegal construction, or drunken misbehavior.
Police Action on a Complaint
- If the complaint is about a cognizable offense, police may register an FIR and investigate.
- If it is a non-cognizable offense, the police may record the complaint but cannot act without a magistrate’s order.
- If the complaint does not fall under criminal law, the police may suggest civil remedies.
What is an FIR (First Information Report)?
An FIR (First Information Report) is a legally recognized document recorded by the police when they receive information about the commission of a cognizable offense. An FIR is the first step in the criminal justice process and is governed by Section 154 of the Criminal Procedure Code (CrPC), 1973.
Legal Recognition of an FIR
According to Section 154 of CrPC, an FIR is mandatory when the police receive credible information about a cognizable offense. Once an FIR is filed, the police must investigate the case.
Process of Filing an FIR
- The complainant provides details of the offense, accused, witnesses, and location.
- The police record the information in writing and read it back to the complainant.
- The complainant signs the FIR, and a copy is given to them free of cost.
- The police initiate an investigation, visit the crime scene, collect evidence, and may arrest the accused without prior approval.
Examples of FIRs
- Murder or Attempt to Murder: Reporting a homicide.
- Theft or Robbery: If someone’s property is stolen, the police must register an FIR.
- Rape or Sexual Harassment: An FIR is mandatory in cases of sexual assault (as per the Supreme Court guidelines).
- Domestic Violence: If a woman reports physical abuse, police must file an FIR under relevant laws like the Domestic Violence Act, 2005.
Police Action After an FIR
- Investigation Begins: The police collect evidence, interview witnesses, and take legal action.
- Arrests Can Be Made: If necessary, the accused can be arrested without prior approval.
- Case Proceeds to Court: After investigation, a chargesheet is filed in court for trial.
Key Differences Between a Police Complaint and an FIR
| Feature | Police Complaint | FIR (First Information Report) |
|---|---|---|
| Definition | A report made to the police about a crime or grievance. | A formal report registered by the police for a cognizable offense. |
| Legal Status | Not legally defined under CrPC. | Legally recognized under Section 154 of CrPC. |
| Nature of Cases | Can be filed for both cognizable and non-cognizable offenses. | Only registered for cognizable offenses. |
| Police Action | Police may or may not act, depending on the case. | Police must investigate once FIR is filed. |
| Investigation Authority | No automatic investigation. | Investigation starts immediately. |
| Court’s Role | No direct role unless complaint escalates. | If police refuse to file an FIR, complainant can approach the magistrate under Section 156(3) CrPC. |
| Copy to Complainant | No legal obligation to provide a copy. | Police must provide a free copy of the FIR to the complainant. |
| Legal Obligation to Register | Police have discretion. | Police must register FIR for cognizable offenses. |
What to Do If Police Refuse to Register a Complaint or FIR?
If Police Refuse to Register a Complaint
- Approach the Station House Officer (SHO) or the Superintendent of Police (SP).
- File a complaint online on the state police website.
- Send a written complaint to the State Human Rights Commission or Lokayukta.
If Police Refuse to Register an FIR
- File a Complaint with the Superintendent of Police (SP) or Commissioner of Police.
- Approach the Magistrate Under Section 156(3) CrPC
- If the police do not register an FIR, you can file a petition before a Magistrate under Section 156(3) of CrPC, requesting them to direct the police to register an FIR.
- Writ Petition in High Court (Article 226 of the Constitution)
- If all remedies fail, file a writ petition in the High Court to direct the police to take action.
Conclusion
The difference between a police complaint and an FIR lies in their legal status, procedural implications, and police action. A complaint is a general grievance reported to the police, whereas an FIR is a formal legal document that compels the police to investigate a cognizable offense.
If the police refuse to act on a complaint or FIR request, legal remedies are available to ensure justice is served.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304