Police Complaint vs. FIR – What’s the Difference and When to File Which?

Learn the difference between a police complaint and an FIR, and when each is appropriate in India.

Team Sachar Law Firm

8/11/20251 min read

Many people confuse a police complaint with an FIR (First Information Report), but they are not the same.

Police Complaint

  • Written or oral information given to the police.

  • Can be about any matter, even non-cognizable offences (where police cannot arrest without court order).

  • Police may record it in their diary but not necessarily register an FIR.

FIR (First Information Report)

  • Formal document registered under Section 154 CrPC for cognizable offences (e.g., murder, theft, rape).

  • Police are duty-bound to investigate once an FIR is registered.

  • Must contain details of the offence, time, place, and persons involved.

When to file which:

  • Non-serious or civil disputes – File a police complaint.

  • Serious cognizable crimes – Insist on FIR registration.

Tip: If police refuse to register an FIR, you can approach the Superintendent of Police or file a complaint under Section 156(3) CrPC in the magistrate’s court.