In this article, Abhinav Arya of Amity Law School, Lucknow discusses Legal actions to take on being harassed by a police officer.
Introduction
In every democratic country and in federal form of government there is a checks and balance system , Every wing checks the other so that they stay within the frame of law. Nobody is above the law whether he is a police officer or a common man everyone comes under the law. If any person is being harassed by police officer unnecessary, there are legal actions that can taken on him.
Obtaining an effective remedy for complaint against the police has been an arduous, daunting and time consuming.There are total 54,916 complaints reported in the country in the year 2015 according to the National Crime Bureau (Ministry of home affairs) from which only 16,308 inquiry was instituted and Only 5526 case was registered against them, and only 1122 Police personnel sent up for Trial during the year from which the convicted police personnel is only 25.
NCRB Reports that there were 30 deaths in police custody in 2015 and 67 deaths of people who were in Police custody without judicial sanction. Both under the constitutional provisions and statutory law the police only have a maximum of twenty-four hours in which they can keep someone in custody without Magistrate’s order and continued scrutiny.Deaths in police custody are already a major source of concern, and it is shocking that there were even higher numbers of deaths in potential cases of illegal custody by the police
The NCRB statistics reveal the poor quality of police accountability in India. Of the total complaints registered against police officers in 2015, departmental, magisterial and judicial inquiries were instituted in only about 46 per cent of the complaints. Of the total complaints filed against police officers, 51.2 per cent remained uninvestigated because they were discovered to be untrue or were just simply unsubstantiated. As before, there is no explanation regarding the steps that were taken, if any, before it was decided that these complaints were to be disposed. In 2015, 1,122 cases against police officers were sent for trial.Of these, 115 cases, or 10 per cent, were either withdrawn or disposed, while 92 trials were completed. Of these, 67 police personnel, were acquitted, while police personnel,25 were convicted. No explanation is given for the tremendous imbalance in the high rate of acquittal and low rate of conviction of police officers.
This statistics showing that how serious this issue has become and it is growing day by day.
What legal action can be taken by a victim?
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 his complaint registered.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.
PCA (Police Complaint Authority)
In 2006, The Supreme Court of India in the case of Prakash Singh & Ors 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.
What can you Complain About?
You can complain any misconduct by any police officer to the PCA. Any Serious misconduct is any act or omission by a police officer that leads to or amounts to:
- Death in Police Custody
- Grievous hurt while in custody
- Rape in Police custody.
If a district PCA exist in your area, You can complain to them like listed below:
- Extortion by a police officer
- Land/House grabbing by a police officer; and
- Any incident involving serious abuse of authority by a police officer.
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.
How you can 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. These documents can be:
- 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.
Conclusion
This Shows that No one is above the law, If any government officials also misuse his power then he have to face the consequences. 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 include the notion of procedural fairness. Law is same for all citizen of India no one above from them, no one can go beyond the law.
Suggested Readings
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References
Prakash Singh V/s. Union of India, 2006 8 SCC 1.
Hello..
I would like to share incident happened with me today i.e. on 29th march 2020.
As it is corona virus lockdown and it was lack of gorcery.
I went out of my house to but grocery with proper mask and on the road Gujrat police came to me and without asking started hitting me the rod.
I told them grocery is with me i just came out to purchase this.
Then they didnt stopped and hitted me 10 times.
This is worst thing i have ever seen.
I belongs from mumbai and recently 4 months back shiffted gujrat.
But i can say that mumbai police is much better.
No one has right to beat any person.
Seriously gujrat police this is not way yoy treat public.
Hi,
Does any government site working no email idd working I have been sending mails as due to leg prob cant go out much.. None of senior team respond ing.. I have so, cp Ig, Dig, state government, pmportal, grevenanice against Rti not given almost 6 mth over 3 time submitted. Now police saying there is no complaim on these I was caught kept whole night next day psi desai agreed on bail… But these case is not registered in complain box.. No paper nthg that Aso gaystriben can’t find.. In newspaper came nd spoil my image I send that copy too.. Now 30/9…case is of ?354a I have nvr gone to her school not even in eveg or night. I hve not seen since last day of div 3 yr back.. They have hit me broke my car lights nd all no action police took in 2 hr they got free.. 354a que has not been asked by d staff nd psi shukla.. H can u file 354a bcz she wants more money for which her father nd two gunda from rampura a fatty person 6ft Raj nd another sanjay.. Which I mention in my chargesheet no action taken… U r forcing us to go ahanist law which I nvr had done in my life..
Regards
Kamlesh
9824191235
Hi Team,
I
Respected Sir,
My name is kamlesh modi parle point Surat.
41yr age
Sir I have given complain against my in laws for giving me dhamki nd breaking my car glass ,light nd fog light nd few spots on front bumper.i have submitted first in cp house on7th Jan 2019 against uday natverlal shah ,
Prashant shah nd anand Kapadia.i met personally to Acp nd showed her my divorce paper on which it is return by mutual concern we gave 15 lacs nd they withdraw case of false 498a against me and my parents .After they got decree of divorce .we have mention that in any property my xwife nd her girl won’t get any money .They didn’t read properly or some things wrong .they applied in high court .then suddenly her mama meets me joggers park in eveng my dad also comes sometimes .they both did meeting nd asked 35lac dad offered 10lacs in second meeting both agreed on 15 lacs but in 48hours they want money so from my all family we collected 15 lac nd made d.d nd gave them.i was not aware bcz since divorce I went into bad depression bcz case was there so I have to resign from Hdfc life INS as circle manager .they forced suddenly for money reason bhd was to .make my xwife marry to someone for 3rd time .her first marriage was of 14days directly from honeymoon she came back nd her father harrased that boy like anythg as every week not possible to come court from Mumbai these people demanded 10lacs on 13b he give 4/5 lac .she was in ur group since 1995 she proposed me more than 20 times but I don’t like his father bcz he just trap people nd blackmail them .
Coming to point my charge sheet copy I wanted given case to psi shukla .Acp Mr N.c Patel sir has called pi vohra said opp people are harrsing these boy he has severe depression.u personally check nd if u wound they are some gunda types put execution case .action taken after daily calling psi after ten days 6 vlk they came 8 clk send bacmnd called next day with bail they came 12 clk nd got bail at 3clk they were back to home .i asked psi what u have put 107 or 151 .he told bring rti will give u after that psi went to up for some case maybe 20 days I use to go thrice in week give me rti request charge sheet .always excuse busy come tomm.
After that they put on me fake complain I put my hand on her sister chest nd given dhamki.brought fake witness all neighbour .cp called nd from more then 10 ft far asking if u have send msg I said yes but show me what is return he called my joker bcz my hands moment was there after that he ask his assistant by saying on duty benchood put on him354a nd 509 .it was Saturday 12vlk I was put in central jail got bail on Tuesday eveng.
After that one week again my xwife put case saying I go to her school nd give dhamki from D staff two people came to catch me from home.they said only statement u hve to give then free I trusted them nd went to kathodra police station they ask everything I told everthg true bcz even true I fget bcz of heavy dose of depression medicine so if lie
H to remember that also eveng they took me to umra and gave paper to psi Desai he also asked .he said u hve to stay overnight in jail so I called my dad they came requested to give bail but he didn’t I said dad its ok like these more case will they put on Monday I got bail at 2clm took Pict nd all .next day it had come in newspaper which proof I have cutting after one week I went her school as vacations started I meet principal asked why u made resign to kruti modi she said she handles only nursery after every we raise salary up to 1500,.but now we have reduce fees we can’t give her 10000 for nursery .so she resigned .i told psi Desai to give me Fr so I can put defamation case nd false case to go in jail.he said I know what to do after one month I asked him u have not shown me charge sheet neither u gave with section u put on me he said 151 only.i said I won’t copy now I submitted again 2 rti one of 7jan nd another 23 feb since 23 /7.given to LR gsyatri.aftet one week I ask what happened she said she has check whole complain book till July no entry is there so I send on what’s App paper cutting where name came I said h it is possible to come in newspaper that too for 151 .i have taken in loop to pm grerviance team nd complain 7 timed nd thrice to state govt too.polive call me and take statement then no ans .
I just want Sir to que psi shukla nd psi Desai where are the documents nd why no entry in complain box nd why on 151 I was put in jail nd same section they put against in laws why they were allowed to go nd bring bail tomm why there name didn’t came in newspaper.
I hope u can question them I want ans as soon S possible bcz my cross examination is on28 aug bfre that I have to submit all these.else in there fake case of 354a I will be in jail due to depression last six years I have not work too.my house run by me since last 15 yr .now I don’t have money .dad is spending his last tenlacs which I told to save it bcz both over age 70 nd mom 66 so no mediclaim is there .last month I got offer letter from Kotak life insurance I was joining in July but 354a case is there so I can’t join
Question 1: call ND ask Psi Shukla why documents not given when twice Rti submitted, 7/01/2019.Even cp office I submitted first. Now 28 Aug cross examination starting how to prove I put case on them so made case of 354a Cp helped then as they were two girls. Showing how good I am.
Question 2: call psi Desai on 24feb Do staff came ND took me khatodra for writing 4 pages they took 5 HR umra psi desai have not shown me chargesheeet. He said u have to stay over night I don’t won’t give money bcz I am x anticorruption officer next 3 clk he gave bail from police station..
Case was that I go to her school ND give dhamki. Her it is possible she goes in bus there are lots of people bus driver auto van driver parents. In vacation time I went to school I asked principal what Kristi resign she said her pay scale gone 10000 for nursy too much we are reducing school fees she we offered then 5000 salty u can work OK then else resign. I went to umra I told Desai that 75 days over hve u investigate the case. He said I know what to do school I got these ans if u say will go together
.i said it one more false case give me FR so I can put deformation case. No effect on him. 24feb. Till today after 90 days Rti given not given case and per day both psi have to give 1day 250 . ND FR I won’t. Beczae they are lots of females in there family they will put any case I am mostly at home I go for court ND Dr since 7 yrs I don’t go anywhere u can check my building CCTV always
I want and before Monday Tuesday case started
Regards
Kamlesh
9824181235
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From: kamlesh modi
Date: Mon, 23 Sep 2019 17:34:04 +0530
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Subject: Fwd: Police Station -umra 8 mths over no charge sheet register in
complain box paid Shukla ND Desai questions them why they are not showing
what case u put section which one
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Dear Sir,
I would like to inform you regarding Misbehavior has been done with my mother Mrs. Dharmshila singh by Karanda thana police officer Mr. Deelip kumar gupta.
Kindly intervene And give us justice.
Regards,
Anil Singh
Mobile # 9910731570
Hi there, I read through a few of your articles here.
I did have a question though that I hope you could answer.
I was wondering, What does it take to become an officer of the Los Angeles Police Department?
I just graduated and I’m interested in becoming
a cop there. I would really appreciate any help you could give me!