Mistreated By The Police? Here’s How To File A Complaint In India

Harassed by Police? You’re Not Powerless

Wrongfully accused? Slapped, abused, or mentally harassed by the very people meant to protect you? You’re not alone and more importantly, you have legal rights.

Whether the police refused to register your FIR, misused their power, or detained you illegally, Indian law provides clear mechanisms to file a complaint and demand action. This blog explains, step-by-step, how you can file a police complaint in India in person, online, or through human rights authorities.

What Counts as Police Misconduct in India?

You can file a complaint against the police if you have faced any of the following:

• Verbal or physical abuse during questioning or custody
• Unlawful detention or arrest without warrant or cause (BNSS Section 35, 43)
• False FIRs or fabricated charges to harass or trap
• Refusal to register your FIR (see Lalita Kumari Case)
• Custodial torture or psychological intimidation
• Threats to withdraw a complaint or compromise your rights

Legal Ways to File a Complaint Against the Police in India

• Approach the Police Complaints Authority (PCA): Established in many states as per the Prakash Singh judgment, PCAs handle complaints against police officers.
• File a First Information Report (FIR): If applicable, at the nearest police station. If the police refuse, you can approach the Superintendent of Police or file a complaint under Section 156(3) of CrPc, Now 175(3) BNSSof before a Magistrate.
• Call Senior Police Officers : Dial the Duty Officer or contact the District Superintendent of Police or   Superintendent of Police (SP). Their numbers are usually listed online or on your local police website.
• Send Your Complaint in Writing

Not comfortable visiting the station? Send a detailed written complaint to:

• Station House Officer (SHO)
• District SP
• State Police Complaint Authority
• National Human Rights Commission (NHRC)

You can also email these authorities. 

Mention:

• Date, time, and location of the incident
• Names/designations of officers involved (if known)
• Nature of misconduct
• Any available proof (photos, medical reports, call logs)

Use Online Platforms

Many Indian states now have online complaint portals:

• Delhi Police Online Complaint
• UP Police Portal
• National Grievance Redressal (PGPortal)

These allow you to upload supporting documents and track your complaint.

Contact Human Rights Commissions

If the local police take no action, escalate to:

• State Human Rights Commission
• National Human Rights Commission (NHRC)
• State or District Police Complaint Authority

Judicial Remedies: 

• File a writ petition under Article 226 of the Constitution in the High Court for violation of fundamental rights. 

Some  Real Life Examples: When You Should Complain

“I Was Slapped in Custody for Asking a Question”

This is physical abuse and a clear case of custodial violence. File a complaint and seek medical documentation.

“The Police Refused to Register My FIR”

You can escalate to the SP, complain on PGPortal, or invoke Lalita Kumari ruling.

“My Brother Was Arrested Without a Warrant”

Likely an unlawful arrest. Approach the Magistrate or file a complaint under Section 210 of BNSS.

Step-by-Step: How to File the Complaint

• Write Down Everything: Date, time, place, what happened, what was said, names of officers
• Collect Supporting Evidence: Photos, video, CCTV, audio clips, medical records
• Choose How to File: Walk-in, email/post, online portal, or senior officer complaint
• Request Acknowledgment: Ask for a Dairy Number or complaint reference ID
• Follow Up & Escalate if Needed: If there’s no response in 15–30 days, escalate to NHRC or District Authority
• Get Legal Support: Don’t wait. Talk to a lawyer or legal aid organization immediately

What Happens After You File a Police Complaint?

• An internal inquiry may begin
• You could be called to provide a statement or evidence
• In serious cases, the matter may go to court, or NHRC intervention
• You can also file a private complaint under Section 200 CrPC with a Magistrate
• Inaction? Escalate to the State Human Rights Commission or Police Complaint Authority

Know Your Rights Under Indian Law

• BNSS 2023 & CrPC 1973 protect you from illegal detention
• Article 21 (Right to Life & Liberty) guarantees protection against custodial violence
• SC Guidelines ensure your FIR cannot be denied without written refusal.

LandMark Judgment-  

Prakash Singh & Ors vs Union of India (2006)AIR 2006 SC 2177

In this landmark judgment, the Supreme Court issued comprehensive guidelines to reform the police system in India and ensure public accountability. Key directions included:

• Establishing Police Complaints Authorities at both state and district levels to independently investigate complaints against police personnel.
• Forming Police Establishment Boards to handle transfers, promotions, and service-related matters, thereby insulating the police from political interference.
• Ensuring transparency and independence in police functioning.

This judgment laid the foundation for meaningful police reform across the country.

Devendra Prasad Singh vs State of Bihar 2019 SCC Online SC 1447

In this case, the Supreme Court ruled that:

• No prior sanction is required under Section 197 of the Criminal Procedure Code to prosecute a police officer for actions not connected to their official duty.
• The judgment emphasized that procedural protections should not become shields for police officers who engage in abuse or illegal acts.

This decision strengthened access to justice for victims of police misconduct.

Somnath vs State of Maharashtra (2024) 2024 SCC Online SC 111

In this recent case, the Supreme Court:

• Upheld the High Court’s decision to grant compensation to the petitioner for custodial abuse.
• Held that the dignity and liberty of individuals cannot be violated under the guise of law enforcement.
• Directed that strict action be taken against the officers responsible for custodial torture.

This ruling sends a strong signal that abuse of power by law enforcement will not be tolerated.

Ratna Chandrakant Vannam v. Tukaram K. Jadhav (Bombay High Court, 2024 BHC-AS44106-DB

In this case, the Bombay High Court:

• Awarded ₹1 lakh as compensation for unlawful arrest by a police officer.
• Held that arbitrary actions by the police amount to a gross violation of personal liberty, protected under Article 21 of the Constitution.
• Criticized the conduct of the officer and emphasized the need for individual accountability in law enforcement.

Conclusion 

Police officers are entrusted with protecting citizens, not abusing power. If you’ve experienced police harassment, your complaint could stop the same from happening to others. If you haven’t done anything wrong, then there is no need to fear police officials. No one is above the law, and every person is equal in the eyes of the law. The Constitution is supreme, and India is a state governed by the Constitution and its citizens.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs About Police Misconduct Complaints in India

Q1. What is considered police misconduct in India

Verbal/physical abuse, unlawful arrest, false FIRs, or refusal to register a valid FIR.

Q2. How can I file a police complaint in India

You can file in person, online (via PGPortal or state police websites), email, or by post.

Q3. What should I include in my complaint

Incident details—date, time, place, officer’s name, proof (photos, witnesses, documents).

Q4. What happens after filing a complaint

Your complaint may lead to an internal inquiry or legal action depending on severity.

Q5. What if police ignore my complaint

Escalate to the SP, file a CrPC Section 200 complaint, or approach NHRC or Police Complaint Authority.