Introduction
In India, people often use the terms FIR and complaint interchangeably. Many believe that filing a complaint automatically means an FIR has been registered — which is not true.
This confusion leads to:
Delay in justice
Police inaction
Weak legal cases
👉 So what is the real difference between an FIR and a complaint, and what do common people get wrong?
This guide explains FIR vs complaint in India, legal differences, common mistakes, and the correct legal process.
What Is an FIR in India?
FIR (First Information Report) is a formal document recorded by police under Section 154 of the Criminal Procedure Code (CrPC) / Bharatiya Nagarik Suraksha Sanhita (BNSS).
Key Features of an FIR
Registered only for cognizable offences
Police can investigate without court permission
Mandatory duty of police to register FIR
FIR starts the criminal investigation
Examples:
Theft
Assault
Cheating
Domestic violence
Cyber crime
What Is a Police Complaint?
A complaint is a written or oral information given to police or a magistrate about an offence.
Key Features of a Complaint
May relate to non-cognizable offences
Police cannot investigate without court permission
Complaint does not automatically become an FIR
Examples:
Defamation
Minor threats
Public nuisance
Neighbour disputes
Key Difference Between FIR and Complaint
| FIR | Complaint |
|---|---|
| Filed for cognizable offences | Can be for any offence |
| Police must register it | Police may only note it |
| Investigation starts immediately | Investigation needs court approval |
| Leads to chargesheet | May or may not lead to FIR |
What Common People Get Wrong About FIR & Complaints
❌ Mistake 1: Thinking a Complaint = FIR
Most people think once they give a written application, FIR is registered.
👉 In reality, police often record it as a general complaint (GD/NC).
❌ Mistake 2: Not Asking for FIR Number
Without an FIR number:
No investigation legally begins
Case may be ignored
❌ Mistake 3: Filing FIR for Non-Cognizable Offences
Police legally cannot register FIR for certain offences without court order.
❌ Mistake 4: Not Approaching Magistrate
If police refuse FIR, people often give up instead of going to court.
❌ Mistake 5: Delaying FIR
Delay weakens evidence and credibility.
When Should You File an FIR?
File an FIR when:
Offence is serious
Immediate police action is required
There is threat to life, property, or dignity
When Is a Complaint the Right Option?
File a complaint when:
Matter is civil in nature
Offence is non-cognizable
You want court supervision
What If Police Refuse to Register FIR?
✅ Legal Remedies Available
Write to Senior Police Officer (SP)
File complaint before Judicial Magistrate (Section 156(3) CrPC / BNSS)
Approach High Court in rare cases
Police refusal to register FIR for cognizable offence is illegal.
Can Online Complaints Replace FIR?
Online complaints (including cybercrime portals):
Help initiate action
But FIR is still required for full investigation
Why Correct Choice Matters
Choosing FIR vs complaint wrongly can:
Delay justice
Dismiss your case
Benefit the accused
Legal clarity saves time and strengthens your case.
Why Consult a Lawyer Before Filing?
A lawyer helps:
Decide FIR or complaint
Draft legally strong content
Avoid technical mistakes
Take action if police refuse
Conclusion
An FIR and a complaint are not the same. Understanding the legal difference is crucial for timely justice. Filing the right legal document at the right stage can decide the success of your case.