What Is Police Misconduct?

• In a democratic country, the police are there to help and protect the rights of the citizens of the country. The police ensure to regulate the judiciary system of the country and thus the application of the judiciary in the country.
• Sometimes, the police who are there to protect the citizens, go out of the law.  The police do such activities which can be considered as misconduct with the citizens of the country. Our constitution has defined rights and boundaries for every section of the country. It has given powers to the police and also the conduct of the country has been protected within that limit.
• When the police try to step out of their limits, it can be a problem for the citizens and they can feel the misconduct committed by the police.
• A democratic country has given various rights, power & authority to its citizens to protect those rights. In such a situation, citizens can also question the behavior of the police towards themselves. Illegal acts that are not included in their official duties would be considered police misconduct.

There are different types of actions that can be considered as misconduct by the police. 

These actions can be - 

(a) False Confession

• False confession means that when the police try to compel a person to make a false confession for an offense committed, it is done to protect the main perpetrator of the crime.
• Research states that false confessions are forced or motivated by the accused's mental disorder, which states that there are many reasons for false confessions, mainly in juvenile cases.
• Police misconduct occurs when the police attempt to make a person falsely commit a crime that is not committed by the accused person.

(b) Intimidation

Intimidation refers to when a person is asked to act with a threat of harm and injury, although in order to prove that it is intimidating, it is not necessary that the person needs to be afraid to live for it. Basic intimidation is also called intimidation. Intimidation is an illegal offense in the eyes of law, thus when the police try to intimidate an accused person into admitting to an offense that has not been committed by him.

Bullying can also include emotional abuse and blackmailing the accused by threatening to hurt their family and close relationships.

(c) False Arrest

• False arrest means when the police make a false attempt to arrest a person without an arrest warrant but the police still arrest them without a warrant, it is considered misconduct by the police. (If no offense is committed by the person)
• The police have the power to arrest and investigate any person, but this power also comes with specific limitations that no person can be arrested without a warrant. 
• No person can be arrested without a warrant. Those cases where there is an urgent need to arrest the person that they have the indication of being a dangerous element to society.

(d) Falsification Of Evidence

False evidence means when the police try to wrongly arrange evidence to prove them guilty of an offense which they have not committed. It is used in court to create a false scenario for the accused to defend someone else.

(e) Police Brutality

Police brutality means when the police cause hurt to someone without any reason, which includes unjustified violence towards the citizens of the country by the police. This type of brutality is mainly violent and the middle class and lower class people are the real victims of police brutality.

In India, this is primarily known as the lathi charge and is the most common form of police brutality.

(f) Action Without A Warrant

If the police try to do something in an unreasonable manner, which may include improper search, surveillance, and improper seizure of property. This is also considered misconduct by the police.

Other types of misconduct include obtaining favors by using your position of being a police officer, any form of sexual misconduct using your position, soliciting bribes, and other favors.

• Every police department has the option to file a report for police misconduct.
• If any police officer tries to do any kind of misconduct with the citizens, then citizens can easily register an FIR against the police officer in PCA (Police Complaints Authority).
• The Supreme Court of India has empowered the citizens of India to file complaints against police misconduct.
• The Police Complaints Authority will investigate complaints of serious misconduct against police personnel.
• Very little is known about this type of redressal mechanism and thus it is an initiative to inform as many people as possible.

• Anyone who finds himself hurt by police misconduct can seek help in PCA, any victim or friend of the victim can file a complaint on behalf of the individual.
• A person who has witnessed police misconduct can file a complaint with the PCA.

To file a complaint against police personnel, you need to write the letter in a prescribed manner and thus, it varies with the laws of the state. 

You Have To Explain These Details - 

• Your Name, Your Address, Your Contact details/Phone numbers, What Happened? 
• When did It happen? 
• What was said or done? 
• If you got hurt or damaged something?

To file the complaint against the police personnel you need some documents following are documents:

• Pictures Of Injuries
• Any previous complaint filed before the police or any other forum and evidence to show that no action has been taken on these complaints.
• Proof of a daily diary entry
• Medical report or any certificate issued by a doctor disclosing the nature of injuries

If you have faced malpractice from the police and you want to get justice from the police, then LILA can also help in these cases: 

• Citizens can do the process of filing a complaint against the police manually, but they can also hire professional lawyers who can fight their case so that you can get the best results from PCA.
• You can also find the best legal advice and information on our various platforms to file a complaint with proper information.