Legal Glossary · Criminal
FIR vs Complaint: Meaning, Explained Simply (2026)
An FIR and a complaint both start a criminal matter, but they go to different places and follow different routes. An FIR, or First Information Report, is what the police record when they first receive information about a cognizable offence, one in which the police can investigate and arrest without a court's order. A complaint is an allegation made directly to a Magistrate asking the court to take action, and it is not a police report. This page explains both terms in plain words, who receives each, which offences they cover, a short Indian example, and the common confusions. The FIR is now recorded under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024. This is general information, last verified October 2026, and not legal advice.
- FIR: First Information Report recorded by the police for a cognizable offence.
- Complaint: an allegation made to a Magistrate asking the court to act; not a police report.
- Route: FIR starts with the police and investigation; a complaint starts with the court.
- FIR law: BNSS section 173 (old CrPC section 154); numbering is new, confirm against the bare Act.
- Zero FIR: can be filed at any police station and transferred to the correct one.
01FIR and complaint in one line
An FIR is the First Information Report that the police record when they receive information about a cognizable offence. A complaint is an allegation made to a Magistrate, in writing or orally, asking the Magistrate to take action, and it is not a police report. One starts with the police; the other starts with the court.
People use "complaint" loosely in daily life to mean any grievance. In criminal law the word has a narrower, technical meaning, and it is different from an FIR. Knowing the difference tells you where to go and what to expect.
An FIR goes to the police and triggers investigation. A complaint goes to the Magistrate and asks the court to act. Different door, different process.
02What an FIR is
An FIR is the first written record the police make when someone gives them information about a cognizable offence. Once an FIR is registered, the police can begin investigation, which can include collecting evidence, questioning people, and in a cognizable case, arresting without a warrant.
Key points about an FIR:
- For cognizable offences: an FIR is registered where the information discloses a cognizable offence, the more serious category where police can act without a court's order.
- Recorded by the police: the officer writes it down, reads it back, and the informant signs it. A copy is given to the informant free of cost.
- Zero FIR: an FIR can be registered at any police station regardless of where the offence took place, and then transferred to the right station.
The FIR is now recorded under section 173 of the BNSS 2023, which replaced section 154 of the old Code of Criminal Procedure. See our detailed notes on FIR under BNSS section 173 and the zero FIR and e-FIR under the BNSS. The section numbering is new, so confirm against the bare Act.
03What a complaint is
A complaint, in criminal law, is an allegation made to a Magistrate, orally or in writing, that some person has committed an offence, with a request that the Magistrate take action. Importantly, a complaint is not a police report. It is the route a person uses to approach the court directly.
When a Magistrate receives a complaint, the usual steps are:
- Examination of the complainant: the Magistrate examines the complainant (and any witnesses) on oath to see if there is a case.
- Decision on process: the Magistrate may take cognizance and issue process, dismiss the complaint, or in some cases direct the police to investigate.
A private complaint is useful where the police have not registered an FIR, or where the offence is one the court can act on directly. For the steps, see our page on how to file a private complaint before a Magistrate under the BNSS. The complaint procedure is now in the BNSS 2023 (the old examination-of-complainant provision was section 200 of the CrPC), and the section numbering is new, so confirm against the bare Act.
04A simple Indian example
Suppose a person is robbed on the street. Robbery is a cognizable offence. The person goes to the police station and gives the information. The police register an FIR and start investigating, which can include arresting a suspect without a warrant.
Now suppose a person is cheated by a business partner and the local police refuse to register an FIR. The person can go to the Magistrate and file a private complaint setting out the allegations. The Magistrate examines the complainant on oath and then decides whether to take cognizance, issue process, or direct a police investigation. The same wrong can sometimes be pursued either way, depending on the offence and what the police do.
05Key differences at a glance
Here is the clear comparison.
| Point | FIR | Complaint |
|---|---|---|
| Made to | The police | A Magistrate (the court) |
| Covers | Cognizable offences | Any offence the court can act on |
| Who records / receives | Police officer | Magistrate |
| What follows | Police investigation | Examination of complainant, then the Magistrate decides |
A few more points of confusion. A complaint to the police about a non-cognizable offence is not an FIR; the police note it and usually need the Magistrate's order to investigate. And an FIR can later be challenged and quashed by the High Court in appropriate cases. The everyday word "complaint" is much wider than this legal meaning.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A reader who wants to see how courts have actually treated FIRs and private complaints, for example when an FIR was quashed or when a complaint was held to be maintainable, can look up those judgments on Claw. Claw searches across 30 crore+ judgments from 9,102 courts, benches and forums, with results in under 5 seconds, and its Legal GPT helps you find how courts have applied these rules. Coverage runs from the Supreme Court since 1950 and High Courts since 1990. Claw does not train on customer documents. You can create a FREE Claw account to study the case law behind these terms. Claw is a research tool, not a substitute for advice from your own advocate.
07Sources and further reading
Check the current text of the law before relying on it:
- India Code (official text of the Bharatiya Nagarik Suraksha Sanhita, 2023): indiacode.nic.in
- Supreme Court of India (official judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, last verified October 2026, and is not legal advice. The section numbering in the BNSS 2023 is new, so always confirm against the bare Act.
08Frequently asked questions
What is the difference between an FIR and a complaint?
An FIR is the First Information Report that the police record when they receive information about a cognizable offence. A complaint is an allegation made to a Magistrate, in writing or orally, asking the court to take action, and it is not a police report. One starts with the police; the other starts with the court.
What is an FIR?
An FIR, or First Information Report, is the first written record the police make when they receive information about a cognizable offence. Once it is registered, the police can begin investigation. It is recorded under section 173 of the BNSS 2023, which replaced section 154 of the old CrPC.
What is a complaint in criminal law?
A complaint is an allegation made to a Magistrate, orally or in writing, that a person has committed an offence, with a request that the Magistrate take action. It is not a police report. The Magistrate examines the complainant and then decides whether to proceed.
Can I file a complaint if the police refuse to register an FIR?
Yes. If the police do not register an FIR, you can approach a Magistrate and file a private complaint. The Magistrate can examine you on oath and may take cognizance, issue process, or direct the police to investigate.
Is a private complaint the same as an FIR?
No. A private complaint goes to a Magistrate and is decided by the court, while an FIR is recorded by the police and leads to a police investigation. They are different routes to set the criminal process in motion.
What is a zero FIR?
A zero FIR is an FIR that can be registered at any police station regardless of where the offence took place, and is then transferred to the police station that has jurisdiction. It is meant to make sure a victim is not turned away on the ground of jurisdiction.