This article is written by Team LawSikho. This article discusses the main difference between a first information report and a police report.
The main point of difference between a first information report and a police complaint is that an FIR relates to a cognizable offense whereas a police complaint can be filed for both cognizable and non-cognizable class Aof offenses. Though FIR is similar to a complaint, there are differences in terms of offenses they deal with, punishments, legal consequences, evidentiary value, etc. Further, the FIR is required to be lodged at the police station nearby the place of commission of the crime, while the complaint can be filed with a metropolitan magistrate or equivalent court as well, with a view to requesting action on it.
According to Section 2(d) of the Code of Criminal Procedure, 1973, a complaint is an allegation that some person has committed an offense. Further, a complainant and a first informant need not be the same person. Indian criminal laws do not provide any strict form for a complaint, and thus an affidavit or a petition may also amount to a complaint in the court of law. Whereas the FIR is usually in a pre-defined format.
When an informant approaches the police authorities to inform about the commission of a cognizable offense it is called filing a complaint. This information in the form of a complaint, when registered, in accordance with 154 of the Code of Criminal Procedure, 1973, becomes an FIR. In a way, therefore, the complaint is a stage prior to the FIR.
A Magistrate can take cognizance of a complaint according to Section 190 of the Code of Criminal Procedure, 1973. When a Magistrate takes cognizance of an offense (upon receipt of a complaint or otherwise), he examines the complainant in accordance with Section 200 by examining the facts and the witnesses. If he finds that the complaint is with merits, the case is deemed committed for trial and the magistrate issues either the summons or the warrant under Section 204. If the offense is exclusively triable by the Court of Session, the Magistrate commits the case to Court of Session under Section 209.
In the case of an FIR, the offense involved is of cognizable nature and thus the police have authority to initiate the investigation in the said case without prior permission from the Magistrate and then file a charge sheet. On the other hand, when a Magistrate takes cognizance of an offense on the basis of a complaint, he orders an investigation in the matter and can also direct the police to lodge an FIR if he feels that the offense is of a serious nature. He can act upon the complaint only if it reveals a prima facie commission of an offense.
The Court, in the matter of P. Kunhumuhammed vs. the State of Kerala, held that:
“The report of a police officer following an investigation contrary to S. 155(2)[3] could be treated as complaint under S. 2(d) and S. 190(1)(a) if at the commencement of the investigation the police officer is led to believe that the case involved the commission of a cognizable offence or if there is a doubt about it and investigation establishes only commission of a non- cognizable offence”.
In the case of the FIR, the police is authorised to investigate the matter and then search and seize the evidence they find. The police then proceeds to file a charge sheet against the accused in the Court u/s 173 of the Code of Criminal Procedure, 1973 at the end of in the investigation. The court then decides upon the charges.
The Officer in charge of a police station, may on receipt of a complaint by an informant that reveals a non-cognizable offence committed within the limits of its jurisdiction, enter the substance of the case in the station diary and refer the informant to approach the concerned Magistrate on whose order only can the police investigate such cases with the same powers as exercised in a cognizable case, except the power to arrest without warrant. Where a case relates to two or more offences of which one is cognizable, then the case will be considered to be a cognizable offence, notwithstanding the fact that other offences are non-cognizable.
