Distinguish between the following: FIR and Complaint

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2017
Distinguish between the following: FIR and Complaint

Answer & Explanation:

The First Information Report (FIR) is different from a Complaint. The following are the points of distinction between the two: A Complaint is an allegation made orally or in writing to a Magistrate. The first information is given in writing or orally to a police officer. The Magistrate can take cognizance of an offence on a complaint, but not on first information. Any person can give the first information, but a complaint can be given only by a person authorized under law under certain circumstances. The Magistrate takes cognizance of it. The first information, on the other hand, only empowers the police officer to start investigation in cases of cognizable offences. A Complaint can be made for Cognizable and Non-cognizable offences, while an FIR can be made for Cognizable offences only.

Topics: Legal Drafting

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