Complaints and FIRs

Introduction  

• Complaint: In layman's language, a complaint is an allegation of committing a crime against that person or someone else. But, in legal language, a complaint refers to an accusation made against the offender in the case of a non-cognizable offense categorized in the Code of Criminal Procedure/Bhartiya Nagrik Suraksha Sanhita and is defined under Section 2(d) of the CrPC/ section 2(1)(h) of BNSS, 2023. To know more, click here. 
• First Information Report/FIR: In criminal law, an FIR, or the ‘First Information Report,’ an allegation is made against the accused in the case of serious offenses, cognizable according to the provisions of the Code of Criminal Procedure/Bhartiya Nagrik Suraksha Sanhita, and a document is prepared at the concerned police station mentioning all the details of the crime, informant, accused and the related facts about that specific offense(s). To know more, click here. 

The Role of Complaint and FIR in Criminal Law

• Initiation of Criminal Proceedings: The complaint or the FIR is the first written document that initiates the criminal justice process. In complaint cases, the magistrate directs the inquiry or investigation, whereas in an FIR, the police begin an investigation into a cognizable offense with it. In case of a complaint, police can take any action if directed by the magistrate, but the FIR enables the police to arrest suspects, collect evidence, and question the accused.
• Legal document in court: In case of a complaint, it is the first document presented before the court to get an action initiated. Although a complaint or an FIR is not considered evidence of an offense, they are important legal documents that can be referred to during the trial as they contain all the case details and, therefore, act as a source of evidence.
• Ensuring Transparency and Accountability: The complaint is a legal document presented before the magistrate with an oath before the authority, and it ensures that the legal procedure has been initiated, and the concerned magistrate is empowered to take further action whereas the FIR is a legal document that provides a clear and straightforward record of how and when the police were informed of a particular crime. It ensures that the police can be held accountable for any negligence or misconduct.

Who Can File a Complaint or an FIR 

• Victim of the Crime: The victim is the person against whom an offense has been committed.
• Witness to the Crime: If the person is a witness of the offense committed or has any knowledge of the incident.
• Any Other Person: Since the offense is against the whole society and not only against the victim. Therefore, anyone can register a complaint or an FIR who is not directly involved but has knowledge of the offense.
• Filing: Both physical and digital filings can be done if it is available in the course of local practice. 

Key Elements of a Complaint or an FIR

• Details of the Complainant/Informant: The first vital piece of information includes the name, address, and phone contact details of the person filing the complaint or FIR.
• Details of the Offense: Location of incident, along with time and date of such incident.
• Description of the Crime: All relevant information, for instance, the chronology of events in the incident.
• Identity of the Accused (if known): The name, physical description, age, and address of the accused.
• Witnesses (if any): The name and contact details of any witnesses to the crime.
• Offenses Alleged: The details of the specific acts committed by the accused.
• Signature of the Informant: The FIR must be signed by the informant after reviewing the contents of the FIR.

How Can We Help You?

• Legal Advice and Assessment: Our advocates provide critical legal advice on FIRs and Complaints. They assess if the facts of the case fall within a cognizable or a non-cognizable offense and advise clients accordingly.
• Drafting Complaints and FIRs: We help in preparing clear and concise FIRs or complaints, ensuring all requisite facts and legal provisions are described properly. Proper drafting of the FIR/ complaint minimizes the chances of delay or dismissal.
• Assistance with Online FIRs: Where FIRs exist in the online form (as in some Indian states), we help our clients fill out the online FIR form correctly while entering all relevant details.
• Handling Refusal to File FIR: It is the role of the advocate to help the clients if the police refuse to register the FIR by approaching the senior police officers, such as the Superintendent of Police, as provided under Section 173(4) or the magistrate under Section 175(3) of BNSS.
• Filing Complaints with the Magistrate: In cases of non-cognizable offenses, advocates enable the client to present a complaint to the magistrate under section 2(1)(h) BNSS, 2023.
• Representation in Court: Once a complaint or FIR is filed, the advocates represent the client in court, whether as the complainant or the accused. They advocate for or against the rationale of the complaint/FIR, ensuring the legal procedures are properly upheld.
• Negotiation and Mediation: In cases where compounding of offense is allowed and both parties wish to avoid litigation and long trials, we assist in negotiating or advising the parties to compromise or settle the dispute amicably.
• Protecting Clients' Rights: During the FIR or complaint process, we safeguard our clients' rights and prevent them from being harassed.
• Guidance on False FIR/Complaints: In case an FIR or complaint is filed with mala fide intent against a client, our advocates assist in filing a counter-report or moving the court to quash the FIR under section 528 BNSS, 2023.

Conclusion

We ensure proper representation is made in court and work toward our clients’ protection throughout the legal procedure. We incorporate appropriate measures such as negotiation or mediation to achieve positive results within a short span. We closely monitor the cases, provide legal advice, and seek all legal redress to ensure justice is served. Our mission is to provide our clients with a comprehensive range of legal services in line with the Indian legal framework to ensure justice is delivered. To know more, contact us.