How to File a Complaint Against Misbehaving Police in India

If any police officer engages in misconduct, you can file a complaint with the Police Complaints Authority (PCA). In 2006, the Supreme Court of India, in the Prakash Singh & Others case, directed all state and central governments to reform police functioning across the country. As part of these directives, every state was ordered to establish a Police Complaints Authority (PCA).

The court mandated the creation of State-Level and District-Level PCAs to ensure easy accessibility for all citizens. Complaints against officers of Deputy Superintendent rank and above should be filed with the State PCA, while complaints against lower-ranking officers go to the District PCA. This system ensures that people across a state can file complaints without needing to travel to the capital.

What Does the PCA Investigate?
The PCA investigates serious police misconduct, including:

1. Death in police custody

2. Extortion by a police officer

3. Illegal seizure of property/land

4. Any abuse of power by police

5. Severe torture in custody

6. Custodial rape

Legal Remedies for Victims
Victims of police misconduct have several options:

• File an FIR at any police station against the accused officer.

• If the complaint is ignored, escalate it to the Superintendent of Police (SP).

• If no action is taken, approach the local Magistrate, who can order the FIR to be registered.

• Complaints can also be sent to the National/State Human Rights Commission (NHRC/SHRC).

Who Can File a Complaint?

• The victim or someone acting on their behalf (family/friend).

• Any witness to police misconduct.

• Any other reliable source.

Steps to File a Complaint

1. Contact the PCA to check if a prescribed format exists (currently, only Odisha has a fixed format).

2. Complaints can be submitted:

   • In writing (by post/fax/in person).

   • Should be filed as soon as possible after the incident.

Required Details in the Complaint:

• Your name, address, and contact details.

• Incident details:

  • What happened?

  • When did it happen?

  • Name and details of the accused officer.

  • Witnesses (if any) and how to contact them.

  • Any injuries/damages suffered.

Supporting Documents (if available):

• Photos of injuries

• Previous complaints filed (if any)

• Medical reports (if injured)

• Diary entries/records related to the incident

After Filing the Complaint

• Keep a copy of the complaint, submitted documents, and a date-stamped receipt.

• If sending by post, use registered mail with acknowledgment.

• If no action is taken, you can approach the High Court under Article 226 of the Indian Constitution for judicial intervention.

Important Note
Many states (Assam, Bihar, Chhattisgarh, Gujarat, etc.) have weak or non-functional PCAs due to lack of funds and authority. However, where they exist, PCAs provide an additional layer of accountability.

📞 Contact: 9052900066
📧 Email: adv.eshivakumar@gmai.com

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