What is the difference between Complaint and F.I.R?

What is the difference between Complaint and F.I.R?

Complaint	FIR
1. Made before the Metropolitan Magistrate.	1. 'Made before the SHO
2. Complaint can be of cognizable or Non-cognizable offence.	2. FIR lodged in Congnizable offences .
3. Only aggrieved person submit complaint ul s 195, 198 199 Cr. P.C.	3. Any person, who has a knowledge of the happening of cognizable offence.
COMPARISON CHART OF what an F.I.R. IS AND what IS NOT an FIR ? (Sec. 154. Criminal Procedure Code.)
F.I.R. is	F.I.R. is NOT
1.Information relating to cognizable crime. 2. Given to the officer-in-charge of Police Station. 3. First in Time. 4. Written or oral.	1. Rumour, gossip or hearsay. 2. Telegram. 3. Telephonic message. 4. Information not given to officer-in-charge of police station. 5. Anonymous communication
From the above, the following ingredients can be made out:- 1) It must be information relating to the commission of a cognizable offence. 2) It must be given to an officer-in-charge of a police station. 3) It must be reduced to writing, if given orally. 4) It should be appended by the signature of the informer (Refusal to sign the report is punishable u/s 180 IPC). 5) It should be read over to the informer. 6) The gist of the information should be entered in the Station General Diary. 7) A copy should be given forthwith free of cost to the informer. Informer must be produced in the court to prove and corroboration of it. DO'S AND DON"TS DO'S 1. FIR should be lodged immediately. 2. It should be recorded in first person. 3. Attitude/Behavious towards the vicitirn should be sympathetic. 4. Technical words should be avoided and as far as possible language of the inforrner/complainant should be used . 5. Written complaint should be taken. 6. But complainant should be at descrect to give written statement. 7. Written statement should be duly signed or thumb impressioned. 8. Only a report of congnizable offence should be lodged in FIR. 9. Authentic information should be mentioned in FIR. 10. Place, Date & Time of occurrence should be mentioned in the FIR. 11. Arrival & Departure of the informer should be mentioned in the FIR as well as Daily Dairy Register. 12. Delay, if any, in registering the case should be covered in FIR. 13. 1 1 "Ws' should be strictly followed. 14. Description & Role of every accused involved in the Commission of offence should be covered in FIR. 15. Kind of physical damage & property destroyed should be mentioned in the FIR. 1 16 Weapon of offence and observation of Scene of crime should be mentioned in the FIR. 17. Telephone number, if any, of the complainant should also be mentioned. 18. Four copies of FIR should be prepared simultaniously by carbon paper process. 19. FIR should be lodged in neat & clean hand writing and be kept in safe custody being a permanent record. 20. A copy of FIR should be sent to MM concerned immediately. 21. A copy of FIR should be provided to the complainant free of cost. DONT'S 1. Complainant should not be puzzled. 2. Harsh language should not be used. 3. Aggression should be avoided. 4. Unnecessary details should be avoided. 5. Over-writing/ scoring should be avoided. 6. Offence should not be minimized. 7. Do not forget to take thimb impression or signature of the informer. 8. FIR should not be lodged on the basis of telephone telegram or hearsay rumour without verifying the facts and getting the signature of the informer/ complainant.