How To Handle Harassment By Police In India?

Police corruption is dangerous for every society. We are coming across many cases of police harassment. The police who were refer to as a protector are no longer protectors, rather they harass the people in the country. Police harassment may take many forms like abuse or mistreatment by police. The mistreatment can be verbal or physical. The cases of bribery, wrongful imprisonment by showing the authority in a wrong way, and sexual harassment are all examples of police harassment. Police personnel have been known to employ excessive force, particularly against vulnerable groups including women, children, and minorities.

India has recently seen a rise in police brutality cases, with no accountability from the police. The police and the public should be friends for better functioning of society but the cases of harassment by police have resulted in the decline of this friendship. Due to the cases of harassment by police, the trust of the general public has also been affect. It becomes difficult to trust the police after hearing such cases.

Rights of the public in cases of harassment by police

• If any individual has faced harassment by police, then he can file a complaint with the National Human Rights Commission or State Human Rights Commission. Moreover, the complaint can also be make directly to the magistrate. It can even be file at the police station.
• Every individual has some fundamental rights. These rights include the right to get fair treatment in cases of arrest, the right to know the reason for arrest, the right to legal representation, etc. These are some basic rights which are provided by the Indian Constitution. In cases of harassment by police, these basic rights of individuals get defeat.

How to handle harassment by police in India

In case you are facing any kind of harassment by the police, then you should take some steps to ensure that you handle this situation very carefully. As the police have the power, you should ensure that you handle this situation very smartly. Here are some steps you should take to handle the harassment by police:

• The first thing is to remain calm in such situations. You should not engage in any fight with the police officer as it will attract some legal provisions for you. Rather you should stay calm and humble though you know that the police officer is doing wrong.
• If the police officer has done any misconduct with you, then you should file a complaint with the commissioner.
• You can even file a complaint against the police officer at the police station. In such a situation, you should bring your lawyer with you. Your lawyer will help you in handling such situations as he knows what actions can go against you.
• If the police officer is not registering the FIR, then you can send the substance of information by post to the superintendence of police. The superintendent of police will see whether the case is cognizable or not and if finds that the case is cognizable then he will either investigate the case himself or direct the police officer who is subordinate to him to investigate the case.
• If you have received a summon from the police to be present at the police station, then it is advisable to go with the lawyer.
• If the superintendent of police is also registering your case, then you can directly file a complaint with the magistrate. The magistrate in turn will order the police officer to register your FIR.

The Role of Police Complaint Authority

The Supreme Court issued directives for structural reform of the police, establishing Police Complaints Authorities at the state and district levels with immediate effect. The Supreme Court direct all states to begin reforming their police forces and as a result, the Police Complaint Authority was established in 2006. The reason behind establishing the authority was that there was an increase in the number of complaints against the police about the lack of accountability. The intention behind establishing police complaints authorities was to ensure that there is a local mechanism expert in dealing with a wide range of complaints against the police, including the most serious ones, that were readily available to the public.

If the authority has received any complaint regarding the misconduct or serious misconduct by the police personnel, he will investigate the case. A victim or any person on his or her behalf, the National or State Rights Commission, or any police officer, can file a complaint about the serious misconduct, or the complaint can be receive from any other sources.

The serious misconduct includes death in police custody, extortion, any sexual offenses including rape, grievous hurt, and any act involving serious abuse of police authority.

It is establish law that no one is above the law, and that all citizens are treat equally under the law. Anytime individuals are subject to such atrocities, they should be aware of the laws and the remedies available to them, or they should consult a lawyer.

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