What Legal Actions Can Be Taken Against Police Misconduct in India?

If someone feels that they have been wronged by the police, there are several legal remedies available in India to take action against police misconduct, abuse of power, or negligence. These remedies can be pursued depending on the nature and severity of the issue.

Legal Remedies Against Police Misconduct

The following steps outline the available actions to take against the police:

• Filing a Complaint with Higher Authorities: If a police officer has acted unlawfully, a written complaint can be submitted to senior police officers, such as the Superintendent of Police (SP) or the Commissioner of Police. If the issue remains unresolved, complaints can be escalated to the State or National Human Rights Commission.
• Filing an FIR: In cases of severe misconduct such as illegal detention, harassment, or physical abuse, an FIR can be lodged against the police officer involved. If the local police station refuses to register the FIR, the complaint can be escalated to a magistrate under Section 156(3) of the Criminal Procedure Code (CrPC).
• Approaching the Judiciary: A writ petition can be filed in the High Court or Supreme Court under Article 226 or Article 32 of the Indian Constitution for violation of fundamental rights, including unlawful actions by the police.
• Complaint to the Human Rights Commission: The State Human Rights Commission or the National Human Rights Commission can be approached for cases involving police brutality or violation of human rights. These commissions have the authority to investigate and provide relief.
• Internal Police Departmental Action: For minor offenses or breaches of duty, an internal departmental inquiry can be initiated by submitting a formal complaint to the police department’s disciplinary authorities.
• Public Grievance Commissions and Police Complaint Authorities: In certain states, independent police complaint authorities have been set up where citizens can lodge complaints regarding police misconduct. These authorities are responsible for investigating complaints against the police.

Summary

Individuals can take action against police misconduct by filing complaints with higher authorities, lodging FIRs, approaching the courts, or submitting petitions to human rights commissions. Various channels, including internal departmental actions and public grievance mechanisms, are available to address police misconduct in India.