Can the Police Misbehave with you?

There are several remedies for the people who are the victims of such misconduct or abuse by a police officer.

Person abused by the Police Officer: the victim of such conduct of the police officer can register the FIR First Information Report against that police officer at any police station.

If the person lodging the complaint and the complaint is not accepted then that particular person can send the complaint to the Superintendent of the police of the district where he resides.

And if both processes don’t give the outcome for the victim then he can go to the nearest Magistrate, and then the order will be given by the magistrate to the concerned police authority to register the FIR 

The victim also has the remedy that he can send his complaint to the NHRC National Human Rights Commission. Or to the SHRC State Human Rights Commission.

The landmark judgment was given by The Supreme Court of  India in the matter of Prakash Singh and Ors where the apex court directed all the state government and central governments to set up a Police Complaint Authority in every state to reform the working and functions all over the nation. The Apex Court also directed the state to set up a police complaint authority in every district and state so that it will be easy for the victims against whom the police misused its power, the complaint against the senior rank officers such as the Superintendent of Police and above could be made before the State Police Complaint Authority and the lower rank officers that is below the rank of Deputy Superintendent of Police could be made before District Police Complaint Authority, this was done possible to make sure that the people lodging such complaints have easy access to doing so.

A person can complain about any misconduct done by the police officer to the Police Complaint Authority, or if any serious kind of misconduct by any police officer that often leads to:

1. Death in the custody of police
2. Grievous hurt if in custody
3. Rape in the custody of police
4. Extortion by the Police officer 
5. Illegal land grabbing 
6. Serious type of abuse

To lodge a complaint with the Authority, you should first contact the PCA for any prescribed format, if any. So far Odisha has only a specific prescribed format. A person can make a complaint by any medium, such as writing, and send it by post or fax, or send it in person. A complaint should be lodged as soon as the incident took place.

The complaint must be in writing and must include:

1. Your name
2. Your address
3. Your contact details/phone numbers.
4. You must mention
5. What happened;
6. When it happened 
7. Who you are complaining about, including the officer’s name and destination.
8. What was said or done;
9. Whether anyone else was there when the incident happened (witness) and how to contact them (If you are this )
10. If you have been injured or if something has been damaged
11. Some important and relevant documents that you can attach to your complaint will add more weight to your complaint. 

These documents can be:

1. Photos showing injuries
2. Any previous complaints filed with the police or any other forum and evidence that shows that no action has been taken on this complaint.
3. Proof of daily diary
4. a medical report or any certificate issued by a doctor stating the nature of the injury;
5. If you deliver your complaint in person, keep a copy of the complaint and the documents you submitted, as well as a date-stamped receipt, for your records.
6. If you are sending a complaint by registered mail, always make sure to send it by registered mail to AD. 
7. The acknowledgment of receipt you receive will provide you with proof that your application has been sent by the office.

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