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Offences and FIR

In criminal law, FIR or otherwise called as first information report is the report of information that the police receives first in point of time, regarding the commission of the cognizable offence. The term cognizable offence refers to the crime in which the police has the right to arrest the accused without any warrant and can start an investigation.

However, in case of a non-cognizable offence wherein, the police neither have the right to arrest any person without a warrant, nor investigate without prior approval of the court, a complaint is lodged with the magistrate. Both a complaint and FIR are extremely important, as they form the foundation of a lawsuit.

NC means Non cognizable complaint these are the matter which are not serious or heinous crime in the eyes of Police or law. Like you can lodge NC for your lost mobile or somebody mis-behaved with you.

The term ‘complaint’ can be defined as any type of accusation excluding a police report, made orally or in writing to the Magistrate, to make him/her take action as per the Criminal Procedure Code, that a person has committed an offence.. FIR implies the complaint registered with the police by the plaintiff or any other person having knowledge of the cognizable offence.  First Information Report shortly known as FIR can be described as every information concerning the cognizable offence, verbally provided to the officer in charge of the police station by the victim or the witness or any person who is aware of the commission of the crime.

FIR is defined in s.154 CrPC as follows:

Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him ….and shall be signed by the the person giving it …

FIR: Its an official report filed by the police personnel after receiving a complaint in a cognizable offence and writeen by an police official and signed by the complainant.

Complaint: The statement filed by a citizen to the police regarding an illegal activity or offence by someone. The FIR is usually filed by the police after a preliminary questioning/investigation.

Complaint is defined in s. 2 ,(d) of CrPC as:

Any allegation made orally or in writing to a magistrate with a view to taking action under this code, that some person, whether known or unknown has committed an offence but it does not include a police report.

To summarize : An FIR is about a cognizable offence while a complaint may be also about a non cognizable offence. An FIR is report made to a SHO and a complaint is made to a magistrate.

NCR/DDR: Non-cognizable report or Daily Diary Report are the reports of complaints received in police station forn non cogniziable offiences.

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