How to file a complaint against Police Officer

The Supreme Court, in 2006, had passed a landmark judgment directing all state governments and the Union government to reform the way police forces function all over the country. One of the directives was that police complaints authorities (PCAs) should be set up in all states. The intention was to make the police accountable for their actions.

The court directed the setting up of both state level and district level police complaints authorities so that they would be easily accessible for all. This was to ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA and complaints against officers 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.

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 about any serious misconduct by the police to the state PCA. Serious misconduct is any act or omission by a police officer that leads to or amounts to:

• death in police custody;
• grievous hurt sustained whilst in custody; and
• rape in police custody.

If a district PCA exists in your area, you can complain to them for the above cases as well as cases of:

• 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:
In most cases, the PCA can enquire into allegations of serious misconduct against the police on its own or when it receives a complaint from:

• A victim or a person complaining on his behalf; this could be a friend or a family member;
• Any person who has witnessed any misconduct being committed by the police; and/or
• Any other source.

How you can file a complaint:
A person wishing to file a complaint with the Authority should first contact the PCA office to obtain the prescribed format if any. Till date, with the exception of Orissa11, none of the authorities that are functioning have specified any particular format. A sample template form is included in Annex III of this booklet. The person can put the complaint in writing and send it by post or fax or submit it in person. The complaint should be made as soon as possible after the incident. The complaint should be in writing and must include:

• Your Name;
• Your Address; and
• Your Contact details/ Phone numbers.

You then need to say:

• What happened;
• When it happened;
• Who you are complaining about, which includes the name and designation of the police officer;
• What was said or done;
• Whether anyone else was there whilst the incident happened (witnesses) and how to contact them (if you know this); and
• If you were hurt or if anything got damaged.

Some important and relevant documents which will add weight to your complaint can be attached along with the complaint. These documents can be:

• Medical report or any certificate issued by a doctor disclosing the nature of injuries;
• Photographs showing injuries;
• Any prior complaints lodged before the police or any other forum and evidence which shows that no steps have been taken on these complaints;
• Proof of daily diary entry (DDE); and
• Any other evidence

If you hand deliver your complaint, keep a copy of the complaint and the papers you have submitted, as well as a 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 received will give you proof of your application being sent and received by the Authority.

What happens to the complaint:
For the purpose of the examination of the complaint/witnesses, the Authority has all the powers of a civil court which include:
a) Summoning and enforcing the attendance of any person and examining him under oath;
b) Requiring the discovery and production of any public document;
c) Receiving evidence on affidavit;
d) Requisitioning any public record or copy thereof from any court or office;and
e) Any other matter which may be prescribed.

What can the Authority do:
After a careful review of all the evidence obtained during the investigation, the Authority will deliver a written order. It could be dismissal of the complaint on the following grounds:

• The complaint fails to meet the mandate of the Authority;
• Litigation regarding the subject matter of the complaint is already pending in a court of law; and/or
• There is insufficient evidence to support the complaint.

If, on the other hand, the enquiry establishes the misconduct of the police officer involved, the Authority shall make recommendations to the concerned Authority or the state government that:

• Internal disciplinary proceedings be initiated against the police officer if he is found in breach of discipline or when an offence is made out;
• An FIR be registered if the police officer is found to have committed an offence; and
• Any other recommendation according to the facts and circumstances of the case.

In some cases, an FIR and disciplinary enquiry may both be ordered if required.

What of you don’t get a fair hearing:
At any stage during the proceedings before the PCA, if:

• any of the parties (the Respondent or Complainant) feel that they have not got a fair hearing based on principles of natural justice; and/or
• a decision is reached which negates the principles of natural justice,

The party concerned may 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 and may incorporate the following guidelines:

• A person who makes a decision should be unbiased and act in good faith. He therefore cannot have an interest in the case or the outcome;
• The person who is likely to be affected must be notified of the charge against him/her;
• Proceedings should be conducted so they are fair to all the parties – expressed in the Latin maxim audi alteram partem: “let the other side be heard”; and
• The parties have a right to a “reasoned judgement”- the deciding Authority should give the logic behind arriving at a decision.

If none of these remedies work, you can file a writ petition in the High Court of your state asking it to direct the police to register an FIR.

The other “allied institutions” which can be approached, wherever applicable, are:

• National or State Human Rights Commission;
• National Commission for Women; and
• National Commission for Minorities.