Distinguish between the following: FIR and Complaint

Answer 2A(i) Basis of Distinction FIR (First Information Report) Complaint Statutory Provision Governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) Defined under Section 2(1)(h) and governed by Sections 223-226 of BNSS Definition FIR is the information given to the police relating to the commission of a cognizable offence and is recorded under Section 173(1). A complaint is an oral or written allegation made to a Magistrate with the intent to take legal action. It does not include a police report. Who Can File Any person (victim, eyewitness, or any third party with knowledge of the offence). Any person including the victim, an authorized representative, or a third party. To Whom It Is Made Made to the Officer-in-Charge of a Police Station. Made to a Magistrate who is competent to take cognizance of offences. Purpose To inform the police about a cognizable offence and initiate investigation. To bring the offence to the notice of the judicial authority, especially when the police fail to act or for non-cognizable offences. Nature of Offence Generally relates to cognizable offences (e.g., murder, dacoity, kidnapping). May relate to both cognizable or non-cognizable offences. Registration Requirement Mandatory to register FIR under Section 173(1) if information discloses a cognizable offence (reinforced by Lalita Kumari v. State of U.P.). Not mandatory for Magistrate to take action. Complaint may be dismissed under Section 226 after examination under Sections 223-226. Investigation Initiated Yes, police are duty-bound to investigate after registering an FIR. Magistrate may order investigation under Section 225(1) or take cognizance directly. Police Involvement Directly involves police action from the beginning. Police are involved only if Magistrate orders investigation. Format and Procedure FIR is written and signed, and a copy is provided to the informant under Section 173(2). No fixed format. Complaint can be oral or written (oral complaints are reduced to writing). Copy to Informant/ Complainant A free copy must be given to the informant. No statutory requirement for providing a copy of complaint to complainant. Objective To enable prompt police action to investigate and prevent escalation. To seek judicial cognizance where police have failed to act, or offence is private in nature. Examples FIR: Theft, Robbery, Murder, Rape, Kidnapping. Complaint: Cheating, Defamation, Domestic Violence, Breach of Trust.