Where To File A Complaint Against The Police?

The police function as a crucial public safeguard and order-maintaining agent, with considerable amounts of discretion and power to do the job. However, power can be misused, and misconduct does occur, which raises very difficult questions about accountability. In a democratic, rule of law country, being wronged by the people entrusted to protect you does not mean you cannot do something as a citizen. Understanding the desired processes to complain about police misconduct is necessary to ensure transparency and fairness. It allows a person to act when their treatment is unjust. Complaining about misconduct lays out personal grievances and signifies that one person may not be above the law. Other people can go through the system to seek redress. Doing these things creates public trust in the system and encourages responsible police practice.

In this article, you will get to read about:

• Can You File a Complaint Against the Police?
• Common Types of Police Misconduct in India.
• Step-by-Step Process to File a Complaint Against the Police.
• Legal Remedies & Rights of Citizens.
• Relevant Case Laws.

Can You File A Complaint Against The Police?

Yes, absolutely. You can file a complaint against the police.

Legality and rights of citizens under Indian law

A citizen of India has the legal authority to file a complaint against the police if they have a legitimate claim of experiencing or witnessing some kind of misconduct, abuse of power, or neglect of duty. This is a lawful right, part of the fundamental principles of the Indian Constitution, which guarantees equal protection under the law and the right to a remedy for grievances. A number of legal mechanisms back up this right:

Code of Criminal Procedure (CrPC), 1973/ Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The CrPC provides avenues for citizens to approach magistrates with grievances, including those against public servants (which includes police officers) under Section 190 [Section 210 BNSS] (power of Magistrates to take cognizance of offences).

Indian Penal Code (IPC), 1860/ Bharatiya Nyaya Sanhita (BNS), 2023

Police officers are also subject to the provisions of the IPC/BNS. If their actions constitute an offense under the IPC [e.g., wrongful confinement under Section 342/ Section 127(2) BNS, assault under Section 351/ Section 130 BNS, or extortion under Section 383/Section 308(1) BNS], a complaint can be filed.

Protection of Human Rights Act, 1993

This Act establishes the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs), which have the power to inquire into allegations of human rights violations by public servants, including police officers.

Police Acts and Rules

Each state in India has its own Police Act and accompanying rules that often outline disciplinary procedures and mechanisms for handling complaints against police personnel.

Landmark judgments affirming the right to complain against the police

Several landmark judgments by the Supreme Court and High Courts have affirmed the right of citizens to complain against police misconduct and have emphasized the need for accountability.

D.K. Basu v. State of West Bengal

The case D.K. Basu v. State of West Bengal laid down guidelines for arrests and detentions to prevent custodial violence, implicitly acknowledging the need for mechanisms to address violations of these guidelines.

• Parties: The petitioner, D.K. Basu, Executive Chairman of Legal Aid Services in West Bengal, raised the issue of custodial deaths and violence through a letter to the Supreme Court, with Ashok K. Johari as a co-petitioner. The respondents in the case were the State of West Bengal, along with other States and Union Territories of India.
• Issues: The Supreme Court was concerned about addressing the increasing incidents of custodial violence, torture, and deaths in police custody. The Court wanted to create a set of guidelines and procedures that police are to adhere to when arresting and detaining persons to better protect the fundamental rights of citizens guaranteed by Articles 21 and 22 of the Constitution. The Court also wanted to support the accountability of police authorities committing these acts of violation.
• Judgement: The Supreme Court, recognizing the alarming prevalence of custodial violence and its violation of fundamental rights, delivered a significant judgment laying down eleven specific guidelines that the police and other law enforcement agencies must follow during the arrest and detention of any person. These guidelines, often referred to as the D.K. Basu Guidelines, are aimed at ensuring transparency and accountability in police actions and protecting the rights of the arrested/detained person.

Common Types Of Police Misconduct In India

Based on research and verified information, common types of police misconduct in India include:

Abuse of Authority

This includes situations where police officers abuse their official authority to benefit themselves, to harass individuals, or to behave arbitrarily and outside the legal limits of their authority including soliciting bribes, threatening false criminal charges or simply acting as bullies with their authority.

Harassment

This includes continued unwanted behavior that frightens or upsets individuals. This could translate into police misconduct in a variety of forms including but not limited to detention on unwarranted grounds, subjecting an individual to unnecessary questioning on a non-lawful basis, threats and verbal abuse, discrimination on the basis of caste, religion, gender, or other reasons, and unwarranted surveillance.

Custodial Violence

This is a serious misconduct of torture, physical assault, sexual assault, or murder of a person in police custody. The relevant laws and guidelines exist, but custodial violence remains a major problem and a violation of basic human rights.

Misconduct

This is a general term that covers any type of inappropriate misconduct (which is a breach of the police regulations, rules, or code of ethics); including, but not limited to dereliction of duty, negligence in investigating any police incident; the improper use of firearms, false evidence, and shielding of criminal conduct.

Where Can You File A Complaint Against The Police?

Depending on the nature and severity of the alleged misconduct, several avenues are available for filing a complaint against the police:

Police Complaints Authority (PCA)

The Police Complaints Authority (PCA) is an autonomous body that has been set up in various states in India to inquire into complaints of serious disciplinary misconduct against police officers and staff. PCAs exist in almost all Indian states, and in most cases, PCAs have been established to comply with Supreme Court orders mandating the establishment of such bodies to ensure police accountability.

Structure

PCAs typically have a composition that includes retired judges, senior bureaucrats, and eminent citizens to ensure impartiality. They operate independently of the police department.

Jurisdiction

PCA jurisdictions commonly deal with cases of serious misconduct, including custodial death, grievous bodily harm, rape in custody, extortion, and corruption complaints against senior police officials (Superintendent or above is the threshold in some States; Deputy Superintendent or above in others). Some States have District PCAs to hear complaints against lower-ranking police officers.

How to File

The procedure for filing a complaint with a PCA is different in every state. Typically, it will involve writing a complaint with supporting documentation and sending it to the PCA office. Some PCAs may offer an online portal or an email address to file the complaint. Your state's Home Department will have the contact information for the PCA, as well as the process.

National and State Human Rights Commissions

The NHRC at the national level and the SHRCs at the state level are statutory bodies created by the Protection of Human Rights Act, 1993. The NHRC and SHRCs have the jurisdiction to inquire into alleged violations of human rights by public servants of all kinds, including police officers.

Jurisdiction

The NHRC can take cognizance of violations of human rights occurring throughout the territory of India, while SHRCs can inquire into violations occurring within their respective states.

How to File

Complaints can be filed with the NHRC and SHRCs through various modes, including:

• Written Complaint: Sent by post to their respective offices.
• Online Complaint: Many NHRC and SHRCs have online complaint portals on their websites.  
• Email: Complaints can often be sent via email to designated email addresses.  
• In-person: Some commissions allow for the filing of complaints in person.
• The NHRC also has a provision for suo motu cognizance based on media reports or other information.

Local Police Station

While it might seem counterintuitive to file a complaint against a police officer at their own police station, it is a necessary first step in some cases, especially for less serious allegations.

Procedure

You can lodge a written complaint with the Station House Officer (SHO) of the concerned police station detailing the alleged misconduct. It is crucial to obtain a Diary Number (DD Entry) for your complaint as proof of filing.

Limitations

There is a possibility that complaints against fellow officers may not be investigated fairly at the local level. However, making a complaint at the police station is an official process that may have to happen before you can go to higher authorities (or the courts). If you are not happy with the response or non-action at the local police station, you could take it to a higher police official (Superintendent of Police, Deputy Inspector General, etc.)

Other Relevant Authorities

Depending on the specific nature of the complaint, other authorities might be relevant:

Superintendent of Police (SP) / Commissioner of Police (CP)

You can directly file a written complaint with the SP of your district or the CP of your city, who are the heads of the police force at their respective levels.

Judicial Magistrate

Under Section 190 CrPC [Section 210 BNS], you can submit a complaint directly to a Judicial Magistrate of the area of jurisdiction of the alleged misconduct. The magistrate will take cognizance of the offence, and initiate proceedings. This is particularly relevant if the police do not register a case under the category of a cognizable offence of an FIR (First Information Report).

Internal Vigilance/Disciplinary Departments

Many police departments have internal vigilance or disciplinary departments that are responsible for investigating alleged misconduct by their personnel. You may report the complaints directly to these departments, although their impartiality may be questioned by some.

Step-By-Step Process To File A Complaint Against The Police

Filing a complaint effectively requires a systematic approach:

1. Gather Evidence

Collect any evidence that supports your allegations. This can include:

• Video or Audio Recordings: If you have any recordings of the incident.
• Photographs: Of injuries, property damage, or the scene.
• Medical Reports: If you sustained any injuries.
• Witness Statements: If there were any independent witnesses, obtain their written statements with contact details.
• Documents: Any relevant documents, such as detention slips, FIR copies (if any), or correspondence with the police.

2. Draft the Complaint

Prepare a clear and concise written complaint detailing the incident, including:

• Your name, address, and contact information.
• The name(s) and designation(s) of the police officer(s) involved (if known).
• The date, time, and location of the incident.
• A factual account of what happened, in chronological order.
• The specific misconduct or abuse of authority you are alleging.
• Any injuries or damages you sustained.
• The relief you are seeking (e.g., investigation, disciplinary action, compensation).
• Attach copies of all supporting evidence. Keep the original evidence safe.

3. Choose the Appropriate Authority

Based on the nature and severity of the misconduct, decide which authority is the most appropriate to file your complaint with (PCA, NHRC/SHRC, SP/CP, Magistrate, or a combination).

4. Send Through Post, Email, or File Online/In-Person

• Post: Send the written complaint via registered post with acknowledgment to ensure delivery confirmation.
• Email: If the authority has a designated email address for complaints, send it electronically and keep a copy of the sent email.
• Online: If the authority has an online complaint portal, follow the instructions on the website to file your complaint. Keep a record of the submission.
• In-Person: Visit the office of the chosen authority and submit your complaint in person. Obtain a dated acknowledgment receipt.

5. Follow up with RTI (Right to Information)

If you do not receive a satisfactory response or any information about the action taken on your complaint within a reasonable time, you can file an application under the Right to Information Act, 2005, with the concerned authority to inquire about the status of your complaint and the action taken.

Legal Remedies & Rights Of Citizens

Filing a complaint is just the first step. Citizens also have other legal remedies and rights when faced with police misconduct:

• Filing an FIR (First Information Report): If the police misconduct amounts to a cognizable offense under the IPC, you have the right to insist that the police file an FIR, and if they refuse, you can apply to the Superintendent of Police or Commissioner of Police under Section 154(3) CrPC [Section 173 BNSS]. If you can also make a complaint to a Magistrate under Section 190 CrPC [Section 210 BNSS], the Magistrate can order the police to file an FIR and investigate.
• Filing a Criminal Complaint: You can directly file a criminal complaint before a Magistrate for offenses committed by police officers.
• Filing a Writ Petition: In cases of serious human rights violations or illegal detention, you can file a Writ Petition (Habeas Corpus, Mandamus, etc.) before the High Court under Article 226 of the Constitution of India.
• Seeking Compensation: You can seek compensation for injuries, damages, or loss suffered due to police misconduct through civil suits or by orders of the NHRC/SHRC or the High Courts/Supreme Court in writ petitions.
• Right to Legal Aid: If you are unable to afford legal representation, you have the right to free legal aid under Article 39A of the Constitution and the Legal Services Authorities Act, 1987.

Relevant Case Laws

A few case laws are:

Prakash Singh v. Union of India

The Prakash Singh v. Union of India case dealt with police reforms and mandated the establishment of independent Police Complaints Authorities (PCAs) at the state and district levels to inquire into allegations of serious misconduct against police personnel.

Parties

• Petitioners: Prakash Singh (a retired IPS officer) and Others.  
• Respondents: Union of India and various State Governments.

Issues

The primary issue before the Supreme Court was the lack of police reforms despite numerous committee recommendations over several decades. The petitioners sought directions from the Court to ensure that the police force is:

• Free from unwarranted political influence.  
• Accountable for its actions.
• Functionally efficient.
• Serving the public effectively while upholding the rule of law and human rights.

Judgement

The Supreme Court, deeply concerned by the prevailing state of affairs and the need for a professional and independent police force, issued a series of seven binding directives to the Central and State Governments for implementation. These directives are aimed at:  

1. Constituting a State Security Commission (SSC): To lay down broad policy guidelines and evaluate police performance.  
2. Ensuring a merit-based and transparent process for the selection and a minimum tenure of at least two years for the Director General of Police (DGP).  
3. Ensuring a minimum tenure of two years for other key police officers (like Inspectors General, Superintendents of Police, and Station House Officers).
4. Separating the investigation and law and order functions of the police.
5. Establishing a Police Establishment Board (PEB): To decide on transfers, postings, promotions, and other service-related matters of police officers below the rank of Deputy Superintendent of Police.  
6. Setting up Police Complaints Authorities (PCAs) at the state and district levels: To inquire into public complaints against police officers.
7. Establishing a National Security Commission (NSC) at the Union level: To prepare a panel for the selection and placement of Chiefs of the Central Police Organisations.

Joginder Kumar v. State of Uttar Pradesh

The case Joginder Kumar v. State of Uttar Pradesh emphasized the importance of personal liberty and laid down guidelines regarding arrests, stating that an arrest should not be made routinely.

Parties

• Petitioner: Joginder Kumar, a young advocate who was taken into police custody for inquiry.
• Respondents: State of Uttar Pradesh and others (including the Senior Superintendent of Police, Ghaziabad).

Issues

The primary issues before the Supreme Court were:

• Whether the arrest and detention of the petitioner were legal and justified.
• Whether the police have an unfettered right to arrest a person merely on suspicion.
• The necessity of guidelines to protect individuals from arbitrary arrests and detention, ensuring the safeguarding of their fundamental rights under Articles 21 and 22(1) of the Constitution.

Judgement

The Supreme Court, recognizing the increasing instances of arbitrary arrests and the importance of personal liberty, delivered a landmark judgment outlining specific guidelines that the police must follow during arrests. The Court held that:

• No arrest can be made in a routine manner merely on an allegation of the commission of an offense. There must be a reasonable justification for the arrest based on suspicion and investigation.
• The police officer must be satisfied that the arrest is necessary to prevent the person from absconding, tampering with evidence, or committing further offenses.
• An arrested person being held in custody is entitled to have one friend, relative, or other person known to them or likely to take an interest in their welfare informed of their arrest and the place of detention, as far as practicable.
• The police officer shall inform the arrested person of this right when they are brought to the police station.
• An entry shall be made in the police diary as to who was informed of the arrest.
• The reasons for the arrest must be recorded by the police officer making the arrest.
• The arrested person should be produced before a Magistrate without unnecessary delay, and it is the duty of the Magistrate to ensure that the aforementioned requirements have been complied with.

Conclusion

If you experience misconduct or abuse of power by police, it is not only a right but a civic duty to file a complaint against them. To do that effectively, citizens need to know their options. These options can include approaches to the Police Complaints Authority (PCA), the Human Rights Commission, the local police station or police complaints board, and/or the courts. Whenever a citizen complains about police wrongful conduct or abuse of power, they are contributing to ensuring a more rights-respecting and accountable police force.

Making a complaint about police misconduct can seem like a complex task, and it will often require further effort or persistence. Wherever possible, gather evidence and draft a complaint that is as clear as possible before selecting the relevant forum. In India, there are also laws and even judicial decisions that support the right to obtain redressal, but the ability to penalize non-compliant or erring police officers will reinforce the notion of the rule of law, and it will help protect citizens' rights.

FAQs

A few FAQs are:

Q1. Can I legally file a complaint against a police officer in India?

Yes, every citizen in India has the legal right to file a complaint against a police officer for misconduct, abuse of authority, or negligence. This right is supported by the Constitution, the CrPC, the IPC, and the Protection of Human Rights Act.

Q2. What are some common types of police misconduct I can file a complaint about in India?

Common types of police misconduct include abuse of authority (e.g., demanding bribes, threats), harassment (e.g., unwarranted detention, verbal abuse), custodial violence (e.g., torture, assault in custody), and general misconduct (e.g., dereliction of duty, fabrication of evidence).

Q3. Where is the best place to file a complaint against the police in India?

The best place depends on the severity of the misconduct. For serious allegations, the Police Complaints Authority (PCA) or the National/State Human Rights Commissions (NHRC/SHRC) are appropriate. For less serious issues, you can start at the local police station or with the Superintendent of Police/Commissioner of Police. Filing a complaint with a Judicial Magistrate is also an option.

Q4. What evidence do I need to file a complaint against the police?

Gather as much supporting evidence as possible, such as video or audio recordings, photographs of injuries or the scene, medical reports, witness statements with contact details, and any relevant documents like detention slips or correspondence.

Q5. What is the step-by-step process to file a complaint against the police in India?

The process involves gathering evidence, drafting a clear written complaint, choosing the appropriate authority, sending the complaint via post, email, or filing online/in-person, and following up on the progress, potentially using the Right to Information (RTI) Act.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice.

For personalized legal guidance, please consult with a qualified criminal lawyer.