Complaints and FIRs

Introduction  

• Complaint: In layman's language, a Complaint is an allegation of committing a crime against that person or someone else. However, in legal language, a Complaint refers to an accusation made against the offender in the case of a non-cognizable offense, as categorized in the Code of Criminal Procedure/Bhartiya Nagrik Suraksha Sanhita. It 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,' is referred to an allegation 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 written document is prepared at the concerned police station mentioning all the details of the committed crime, details of the informant and the accused, and the related facts about that specific offense(s). To know more, click here. 

Importance

• Initiation of Criminal Proceedings: The Complaint or the First Information Report (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. In the event of a complaint, the police can take any action if directed by a magistrate; however, the FIR empowers the police to arrest suspects, collect evidence, and question the accused.
• Legal Document in Court: In the event of a Complaint, it is the first document presented before the court to initiate an action. Although a Complaint or an FIR is not considered evidence of an offense, they are essential 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 concerned 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 about a particular crime. It ensures that the police can be held accountable for any negligence or misconduct.

Who Can File? 

• Victim: The victim is the person against whom an offense has been committed.
• Witness: If the person is a witness to the offense committed or has any knowledge of the incident.
• Any Person: Since the offense is against the entire society, not just the victim. Therefore, anyone can register a Complaint or an FIR who is not directly involved but has knowledge of the committed offense.

Key Elements

• Details of the Complainant/Informant: The first vital piece of information includes the name, address, and contact details of the person filing the complaint or FIR.
• Details of the Offense: Location of incident, along with time and date, chronology of events in the incident, and any other information available that can support the investigation. 
• Identity of the Accused: The name, physical description, age, address, and other relevant information of the accused (if known).
• Witnesses: The name and contact details of any witnesses to the crime (if any).
• Signature: The Complaint or the FIR must be signed by the informant after reviewing the contents mentioned in the Complaint or the FIR (as applicable).
• Filing: Both physical and digital filings can be made if the options are available as part of local practice.  

How Can We Help You?

• Legal Advice and Assessment: Provide critical legal advice on FIRs and Complaints. Assess if the facts of the case fall within a cognizable or a non-cognizable offense and advise clients accordingly.
• Drafting Complaints and FIRs: Assistance in preparing clear and concise FIRs and Complaints, ensuring all requisite facts and legal provisions are accurately described. Proper drafting of the FIR/Complaint strengthens the prosecution's case.
• Assistance with Online FIRs: When lodging FIRs is available online (as in some Indian states), we assist our clients in filling out the online FIR form correctly, ensuring all relevant details are entered.
• Handling Refusal to File FIR: Assist clients if the police refuse to register an FIR by approaching senior police officers, such as the Superintendent of Police, as provided under Section 173(4) of the BNSS, or the magistrate under Section 175(3) of the BNSS.
• Filing Complaints with the Magistrate: In cases of non-cognizable offenses, advocates enable the client to present a Complaint defined under section 2(1)(h) BNSS, 2023, to the magistrate under section 210, BNSS.
• Representation in Court: Once a Complaint or FIR is filed, the advocates represent the client in court. They advocate for the rationale of the Complaint or the FIR, ensuring the legal procedures are properly upheld.
• Negotiation and Mediation: Advocates assist in negotiating or advising the parties to compromise or settle the dispute amicably in cases where compounding of offenses is allowed and both parties wish to avoid litigation and lengthy trials.
• Protecting Clients' Rights: During the FIR or Complaint process, advocates safeguard the clients' rights and prevent them from being harassed.
• Guidance on False FIRs/Complaints: In cases where an FIR or complaint is filed with malicious intent against a client, advocates assist in filing a counter-report or moving the court to quash the FIR under section 528 of the BNSS, 2023.

Conclusion

Whether it is a Complaint or an FIR, both are essential documents that should be drafted precisely and should contain all necessary details. The absence of a well-crafted document may have harsh consequences in the future. We ensure that proper representation is made in court and before the authorities, and work towards protecting our clients throughout the legal process. We closely monitor the cases, provide legal advice, and pursue all available legal remedies to ensure that justice is served. To know more, contact us.