The Procedure to file a complaint against Corrupt Police in India
You can lodge a complaint related to any misconduct by any police officer to PCA (Police Complaint Authority). In 2006, The Supreme Court of India in the case of Prakash Singh & Others gave a landmark judgement directing all state government and Union government to reform the way police forces functions all over the country. PCA is also a part of the directive to set up a Police Complaint Authority in all the states.
The court directed the setting up of the both state level and district level police complaints authorise so that they would be easily accessible for all. This was ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA an complaints against officer of and below the rank of Deputy Superintendent of Police could be made to the district level PCA. This was also to ensure that people living all over a state would have easier access to a complaints body without having to travel to the state capital.
The Police Complaints Authority shall inquire into the complaints of serious misconduct against police personnel either `suo motu` or on a complaint received from a victim or any person on his or her behalf.Even complaints by National Human Rights Commission would be taken up by the PGC
This is a redressal mechanism that exists; only that few people know about it. Worse, only 18 states have established PCAs through legislation or government orders: Assam, Arunachal Pradesh, Jharkhand, Meghalaya, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Maharashtra, Rajasthan, Sikkim, Tripura, Orissa, Punjab and Uttarakhand.
According to the Commonwealth Human Rights Initiative (CHRI), none of the state governments that have set up PCAs have complied with the court’s directive in its entirety. So, most PCAs suffer from a number of deficiencies including reduced powers, limited mandates and inadequate funding. Nevertheless, where they do exist, these PCAs provide an additional recourse for persons affected by police misconduct. Their structure and composition to some extent makes them independent, though not totally so. Moreover, unlike other commissions, they exist solely to look at complaints against the police and have no other mandate.
Any Serious misconduct is any act or omission by a police officer that leads to or amounts to:
Death in Police Custody
Extortion by a police officer
Land/House grabbing by a police officer; and
Any incident involving serious abuse of authority by a police officer.
Grievous hurt while in custody
Rape in Police custody.
Legal actions , which an individual can take on being harassed by a police officer in the above mentioned manners:-
There are several remedies available to a victim of police misconduct or abuse.
Any victim of police abuse : Can register a First Information Report(FIR) against the errant officer at any police station;
If his complaint is not accepted (which is most often ) he can send complaint to the District Superintendent of police who will then look into the matter and order the registration of the FIR .
If both these avenue do not produce results the victim can go to the nearest Magistrate and can register his complaint. The Magistrate will then order the police to register the FIR;
The Victim can even send his complaint to the National Human Rights Commission or the state human rights commission if there is one in his or her state.
Who can lodge a complaint?
PCA can enquire any serious misconduct against the police on its own or when it receives complaint from:
A victim or a person complaining on his behalf; this could a friend or a family member.
Any person who has witnessed any misconduct being committed by the police; and
Any other source.
Steps to file a complaint:
To file a complaint with the Authority you should contact first PCA for any prescribed format if any.Till now only Odisha have only specific prescribed format.The Person Can put a complaint by any medium like writing and send it by Post or Fax or submit it in person. The complaint should be lodged ASAP after the incident taken. The complaint should be in writing and must include :
Your Name
Your Address
Your Contact details/Phone numbers.
You need to mention
What happened;
When it happened ;
Who you are complaining about, which includes the name and destination of the police officer.
What was said or done;
Whether anyone else was there whilst the incident happened (witnessed) and how to contact them(If you this )
If you were hurt or if anything got damaged
Some important and relevant document that you can attach along with your complaint, which will add more weight to your complaint. List of the documents are as mentioned below:-
Photographs showing Injuries
Any prior complaints lodged before the police or any other forum and evidence which
shows that no steps have taken on these complaint.
Proof of daily diary entry
Medical report or any certificate issued by a doctor disclosing the nature if injuries;
If you hand deliver your complaint, keep a copy of the complaint and the papers you have submitted , as well as date stamped receipt with you as a record. If you send your complaint by registered post, always ensure to send it by registered post AD. The acknowledgment receives received will give you proof of your application being sent by the Authority.
If after filing a complaint you can’t a getting a fair hearing you can seek a review of the hearing and/or decision by invoking the writ jurisdiction of the High Courts under Article 226 of the Constitution of India. The principles of natural justice is same for all.
The court directed the setting up of the both state level and district level police complaints authorise so that they would be easily accessible for all. This was ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA an complaints against officer of and below the rank of Deputy Superintendent of Police could be made to the district level PCA. This was also to ensure that people living all over a state would have easier access to a complaints body without having to travel to the state capital.
The Police Complaints Authority shall inquire into the complaints of serious misconduct against police personnel either `suo motu` or on a complaint received from a victim or any person on his or her behalf.Even complaints by National Human Rights Commission would be taken up by the PGC
This is a redressal mechanism that exists; only that few people know about it. Worse, only 18 states have established PCAs through legislation or government orders: Assam, Arunachal Pradesh, Jharkhand, Meghalaya, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Maharashtra, Rajasthan, Sikkim, Tripura, Orissa, Punjab and Uttarakhand.
According to the Commonwealth Human Rights Initiative (CHRI), none of the state governments that have set up PCAs have complied with the court’s directive in its entirety. So, most PCAs suffer from a number of deficiencies including reduced powers, limited mandates and inadequate funding. Nevertheless, where they do exist, these PCAs provide an additional recourse for persons affected by police misconduct. Their structure and composition to some extent makes them independent, though not totally so. Moreover, unlike other commissions, they exist solely to look at complaints against the police and have no other mandate.
Any Serious misconduct is any act or omission by a police officer that leads to or amounts to:
Death in Police Custody
Extortion by a police officer
Land/House grabbing by a police officer; and
Any incident involving serious abuse of authority by a police officer.
Grievous hurt while in custody
Rape in Police custody.
Legal actions , which an individual can take on being harassed by a police officer in the above mentioned manners:-
There are several remedies available to a victim of police misconduct or abuse.
Any victim of police abuse : Can register a First Information Report(FIR) against the errant officer at any police station;
If his complaint is not accepted (which is most often ) he can send complaint to the District Superintendent of police who will then look into the matter and order the registration of the FIR .
If both these avenue do not produce results the victim can go to the nearest Magistrate and can register his complaint. The Magistrate will then order the police to register the FIR;
The Victim can even send his complaint to the National Human Rights Commission or the state human rights commission if there is one in his or her state.
Who can lodge a complaint?
PCA can enquire any serious misconduct against the police on its own or when it receives complaint from:
A victim or a person complaining on his behalf; this could a friend or a family member.
Any person who has witnessed any misconduct being committed by the police; and
Any other source.
Steps to file a complaint:
To file a complaint with the Authority you should contact first PCA for any prescribed format if any.Till now only Odisha have only specific prescribed format.The Person Can put a complaint by any medium like writing and send it by Post or Fax or submit it in person. The complaint should be lodged ASAP after the incident taken. The complaint should be in writing and must include :
Your Name
Your Address
Your Contact details/Phone numbers.
You need to mention
What happened;
When it happened ;
Who you are complaining about, which includes the name and destination of the police officer.
What was said or done;
Whether anyone else was there whilst the incident happened (witnessed) and how to contact them(If you this )
If you were hurt or if anything got damaged
Some important and relevant document that you can attach along with your complaint, which will add more weight to your complaint. List of the documents are as mentioned below:-
Photographs showing Injuries
Any prior complaints lodged before the police or any other forum and evidence which
shows that no steps have taken on these complaint.
Proof of daily diary entry
Medical report or any certificate issued by a doctor disclosing the nature if injuries;
If you hand deliver your complaint, keep a copy of the complaint and the papers you have submitted , as well as date stamped receipt with you as a record. If you send your complaint by registered post, always ensure to send it by registered post AD. The acknowledgment receives received will give you proof of your application being sent by the Authority.
If after filing a complaint you can’t a getting a fair hearing you can seek a review of the hearing and/or decision by invoking the writ jurisdiction of the High Courts under Article 226 of the Constitution of India. The principles of natural justice is same for all.
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