Difference Between Police Complaint And Fir?

The Indian criminal justice system follows a well-structured legal process, established by which laws are to be observed when handling any complaints of crime. At the heart of all these procedures, there are two very important terms in common speech: the Police Complaint and the First Information Report (FIR). They are often considered synonyms, but a distinct difference exists between the meanings, procedures, and consequences attached to each.

For somebody who needs justice or who is in interaction with law enforcement, one must know exactly how a police complaint differs from an FIR, for this will affect how the police respond to such complaints, whether an inquiry is initiated in consequence, and what legal remedies are thereafter available to the complainant.

What is a Police Complaint? 

• A police complaint is an informal report, either verbal or written, to bring a matter to the attention of the police. It is just the first step. Depending on the nature of the offense, the police might or may not take action.
• In my friend’s case, because the matter was considered “civil” (non-cognizable), no FIR was filed, and no investigation happened.
• Legal Angle: Section 2(d) CrPC/Section 2 (1) (h) BNSS defines a “Complaint” more broadly, usually when you approach a Magistrate. But in practice, many people begin by filing a police complaint.

What is an FIR? How I Helped Another Friend Get One Registered

• Later, another acquaintance was the victim of a violent assault. This time, we knew better and insisted that the police register an FIR under Section 154 CrPC/Section 173 BNSS.
• This was very different. The police launched a formal investigation as soon as the FIR was filed. Witness statements were recorded, and evidence was collected.

Key Differences: What I Now Tell Everyone Who Asks

Legal Standing

• Police Complaint: An informal report made to the police.
• FIR: A formal legal document recorded under Section 154 of the Criminal Procedure Code (CrPC)/Section 173 of the Bhartiya Nagarik Suraksha Sanhita (BNSS).

Type of Offence

• Police Complaint: Can be filed for any offence, whether cognizable or non-cognizable.
• FIR: Filed only for cognizable offences (serious crimes).

Police Action

• Police Complaint: Police may or may not act; they may conduct a preliminary inquiry.
• FIR: Police are required to begin a formal investigation; action is mandatory.

Copy to Complainant

• Police Complaint: No statutory right to receive a copy.
• FIR: The complainant is entitled to a free copy of the FIR.

Remedy if Denied

• Police Complaint: The complainant may speak with the magistrate or superintendent of police (SP) if the police do not act.
• FIR: The same remedies apply; the complainant can escalate to SP or Magistrate under relevant sections.

Cognizable vs Non-Cognizable: The Terms That Confuse Most People

Here is how I now explain it.

• Cognizable means serious crimes like murder, rape, or kidnapping, where the police can arrest and investigate without court permission.
• Non-Cognizable means minor offences such as defamation or public nuisance, where police need Magistrate’s approval to proceed.

This determines whether your issue should start as a complaint or an FIR.

Case Laws That Shaped How I Now Approach These Issues

• Lalita Kumari v. Govt of UP (2014): The Supreme Court held that registering an FIR is mandatory if a cognizable offence is disclosed.
• State of Haryana v. Bhajan Lal (1992): Clarified when an FIR can be quashed under Section 482 CrPC.
• T.T. Antony v. Kerala (2001): Once an FIR is registered, a second FIR for the same incident is not allowed.
• Mohd Yousuf v. Afaq Jahan (2006): The police must get the magistrate’s approval before they can conduct an investigation into non-cognizable offenses.

How I Personally File a Police Complaint?

• Draft your complaint with full details: your name, facts, evidence.
• Submit it at the police station with jurisdiction.
• Request an acknowledgment (important).
• If ignored, approach the SP or Magistrate.

How I Helped a Client Get an FIR Registered?

• Went to the correct police station. The location of the crime matters.
• Clearly stated the cognizable offence.
• Asked the officer to write the FIR, read it aloud, take the complainant’s signature, and provide a copy.
• The investigation began the same day.

Can You File Online? Here is What I Found

Many states now have online police complaint portals, which are useful for reporting lost documents or theft.

For serious crimes, however, FIR registration usually still requires a personal visit to the police station. If your matter involves a cognizable offence, you should insist on filing an FIR in person.

What If Police Refuses? Real Options That Work

• Section 154(3) CrPC/Section 173 (3) BNSS: Approach the Superintendent of Police.
• Section 156(3) CrPC/Section 175 BNSS: Request that the magistrate order the police to file a formal complaint.
• High Court: File a writ petition under Article 226 if necessary.
• Direct Complaint: Approach the Magistrate directly under Section 200 CrPC/Section 223 BNSS.

What I Tell Clients: Real-Life Implications?

• Filing a complaint is simply informing the police. It doesn’t mean that something will be done. 
• Filing an FIR forces the legal system to act. But it also carries legal consequences, including the risk of counter-allegations.
• False complaints can backfire under Sections 182 and 211 IPC/Sections 217 and 248 BNS. This is why I always advise clients to file responsibly and with proper legal guidance.

Misuse: A Reality We Cannot Ignore

In Preeti Gupta v. State of Jharkhand (2010), the Supreme Court warned about misuse of FIRs, especially in sensitive family matters like Section 498A IPC/Section 85 BNS.

I have seen both sides, victims who desperately needed FIR protection, and people who suffered because of false FIRs. Responsible use is key.

Conclusion: My Final Advice to Every Citizen

You must focus on filing a FIR if it is a serious offense. If police don’t take action, don’t be scared to escalate. Know your rights. 

I have personally helped many people through this process. Once you understand the system, you can avoid frustration and delays.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. What is the subsequent procedure after filing a police complaint in India? 

Typically, the police would conduct a preliminary inquiry after receipt of a complaint. Police must file a formal complaint if the complaint relates to a crime that can be prosecuted; if the complaint relates to a crime that cannot be prosecuted, To begin an investigation, they must request permission from a magistrate. 

2. Is it possible to change a FIR once it has been filed? 

Normally, an FIR cannot be withdrawn by a complainant after registration. However, for compoundable offences under Section 320 CrPC/Section 359 BNSS, parties can seek permission from the court to settle the matter. For non-compoundable offences, quashing can be sought by filing a petition under Section 482 CrPC/Section 528 BNSS before the High Court.

3. How long does the police have to register an FIR after receiving a complaint?

There is no fixed time limit under law, but as per the Supreme Court’s judgment in Lalita Kumari v. Govt. of UP, FIR registration must be immediate when information discloses a cognizable offence. Any undue delay can be challenged legally.