Criminal Case Procedure: FIR Vs Complaint Case

Criminal law in India is primarily governed by the Code of Criminal Procedure, 1973 (CrPC), which prescribes the procedural framework for investigation, inquiry, trial, and sentencing. With the recent introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – a statute poised to replace the CrPC – it is vital to understand the procedural structure and the reforms it brings.

A criminal case generally begins either with the registration of a First Information Report (FIR) or the filing of a criminal complaint. The path the case follows varies significantly depending on which route initiates it.

General Criminal Case Procedure

1. Initiation: FIR or Complaint

• FIR is registered with the police under Section 154 CrPC / Section 173 BNSS for cognizable offences.
• Complaint is submitted directly before a Magistrate under Section 200 CrPC / Section 223 BNSS, commonly in non-cognizable matters or when the police refuse to register an FIR.

An FIR can be filed online as well on the official website of the Delhi Police.

2. Investigation

In a criminal case, investigation is carried out by the police under Sections 156–173 CrPC / 176–193 BNSS, which includes:

•    Examination of witnesses
•   Collection of evidence
•   Medical or forensic reports
•   Arrests (where applicable)
•   Filing of a charge sheet or closure report

3. Committal and Cognizance

In cases triable by a Sessions Court, the Magistrate commits the matter under Section 209 CrPC / Section 232 BNSS.

Cognizance implies the Magistrate formally acknowledges that an offence appears to have been committed.

4. Criminal Case Trial

Based on the nature of the offence, the trial may be conducted as a summons case, a warrant case, or a sessions case.

• Framing of charges
• Recording of prosecution and defence evidence
• Final arguments
• Delivery of judgment

5. Post-Trial Approach

Aggrieved parties may approach the Hon’ble High Court at Delhi or the Hon’ble Supreme Court of India for appellate or revisional remedies under:

•   Section 374 CrPC / Section 419 BNSS (Appeals)
•   Section 397 CrPC / Section 435 BNSS (Revisions)

FIR vs Complaint Case – Key Differences in Criminal Case Procedure

Point of Distinction	FIR (First Information Report)	Complaint Case
Statutory Basis	Section 154 CrPC / Section 173 BNSS	Section 200 CrPC / Section 223 BNSS
Filed Before	Officer-in-Charge of a police station	Judicial Magistrate
Nature of Offence	Typically cognizable offences	Usually non-cognizable offences
Investigation Powers	Arrest usually only after the Magistrate’s directions	Requires Magistrate’s direction for inquiry/investigation
Arrest Power	Police may arrest without prior court approval	Arrest usually only after Magistrate’s directions
Role of the State	Case prosecuted by the State through police	Initiated by private complainant
Charge Sheet	Filed by police after investigation	Only if Magistrate directs inquiry and takes cognizance

Relevance of BNSS (2023)

The Bharatiya Nagarik Suraksha Sanhita, 2023 seeks to modernize India’s criminal procedural law. While largely retaining the framework of the CrPC, it introduces several reforms to address systemic delays and procedural inefficiencies:

• Mandatory timelines for investigation
• Electronic registration of FIRs
• Protection of victims and witnesses
• Emphasis on forensic science and digital evidence

These changes signal a transition toward a more digital, transparent, and accountable justice delivery system. An advocate can help clients file criminal cases according to new laws easily.

Conclusion

A clear understanding of the procedural pathways—whether through an FIR or a complaint case—is essential for navigating the criminal justice system. The distinction affects not only the rights of the accused and the complainant but also the overall conduct of the case. With the impending implementation of the BNSS, the criminal process is expected to become more accessible and efficient, aligning justice with modern technological and human rights standards.

By:

Aparna Gupta