Difference between Complaint and F.I.R

Difference between Complaint and F.I.R

The essential difference between a complaint and information is that a Magistrate acts on a complaint, because the complainant has asked him to act, but a Magistrate acts on information on his own imitative. In the case of a complaint the Magistrate is asked to prosecute the person named as accused, and he has then to decided whether he will accede to the request or not. If he does not, then he must record his reasons under section 2020 (1) and may either make an enquiry himself or direct an inquiry or investigation or dismiss the complaint under section 203 criminal procedure code. After recording his reasons. But in the case of receiving information the Magistrate is not asked by anyone to issue process and if he does not choose to act on his information he need not record any reasons or pass any order. In the case of information there is no complaint to be examined on oath. On a complaint, the complaint is first examined on oath unless it has been made by the public servant acting in the discharge of his official duty.

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