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How to File a Complaint Against Police in India – Misconduct & Brutality 2025

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Police are supposed to protect citizens, but what if police themselves violate your rights?

Police brutality, illegal detention, false cases, custodial torture, bribery demands – these violations happen more often than reported.

You can complain against police! Let's understand your rights and remedies.

Common Police Misconduct:

1. Illegal Arrest/Detention:

  • Arrest without warrant (when not allowed)

  • No grounds for arrest

  • Not informing reasons

  • No arrest memo

  • Not producing before Magistrate within 24 hours

2. Custodial Torture:

  • Physical torture during custody

  • Third-degree methods

  • Mental torture

  • Forced confessions

3. Refusal to Register FIR:

  • Refusing to file FIR for cognizable offense

  • Illegal but common

4. Demanding Bribe:

  • "Pay ₹X or we'll arrest you"

  • "Settlement" demands

5. Fake Encounter:

  • Staged killing

  • "Encounter" to close case

6. False Case:

  • Framing innocent person

  • False evidence

  • Fabricated charges

7. Harassment:

  • Unnecessary summons

  • Threatening witnesses

  • Pressuring to withdraw complaint

8. Theft/Damage:

  • Stealing during raids

  • Damaging property

  • Not returning seized items

9. Discrimination:

  • Caste-based harassment

  • Targeting minorities

  • Gender discrimination

10. Delay/Negligence:

  • Not investigating properly

  • Deliberately delaying

Your Rights Regarding Police:

Constitutional Rights:

✓ Right to life and liberty (Article 21)✓ Right against torture (Article 21)✓ Right to fair trial✓ Right to legal aid (if poor)✓ Right to dignity✓ Right against self-incrimination (Article 20)✓ Right to be informed of arrest grounds (Article 22)✓ Right to lawyer (Article 22)✓ Right to be produced before Magistrate within 24 hours (Article 22)

Legal Rights:

✓ Right to know reason for arrest✓ Right to arrest memo (in writing)✓ Right to inform family/friend of arrest✓ Right to medical examination✓ Right to bail (in bailable offenses)✓ Right to apply for bail (non-bailable)✓ Right to not be handcuffed (except in specific situations)✓ Right to remain silent (except basic information)✓ Right against torture✓ Women's rights: Arrested by female police, cannot be called to station after sunset

Supreme Court Guidelines:

DK Basu Guidelines (1996): Strict rules for arrest and detention to prevent custodial torture

Arnesh Kumar Case (2014): Police should not arrest mechanically

Where to Complain Against Police:

Multiple forums available:

1. Police Station In-charge (SHO/Inspector):

  • Immediate supervisor of constable/ASI

  • For minor issues

  • Oral/written complaint

2. Senior Police Officers:

  • Deputy Commissioner of Police (DCP) (in cities)

  • Superintendent of Police (SP) (in districts)

  • Commissioner of Police (in metros)

  • Director General of Police (DGP) (state level)

Hierarchy matters - Escalate if no action at lower level

3. Control Room/Helplines:

  • 100/112 (Police control room)

  • Women Helpline: 181

  • Child Helpline: 1098

  • State police helplines (varies)

4. Internal Complaints Committee:

Most police departments have internal grievance mechanism

  • Check state police website

5. State Human Rights Commission (SHRC):

For human rights violations:

  • Torture

  • Illegal detention

  • Custodial death

  • Police brutality

How to file:

  • Online on SHRC website (each state has own)

  • Or visit SHRC office

  • Or by post

Free of cost

Powers:

  • Investigate

  • Summon police officers

  • Recommend action

  • Award compensation

6. National Human Rights Commission (NHRC):

For serious violations:

  • Custodial torture/death

  • Encounter killings

  • Systemic violations

How to file:

Free

Timeline: Must file within 1 year of incident

7. Vigilance Department:

For corruption cases:

  • Bribery demands

  • Misuse of authority for personal gain

How to file:

  • Anti-Corruption Bureau (ACB) of your state

  • Vigilance Commissioner

Some states have online portals

8. Magistrate/Court:

Section 156(3) CrPC:

  • File complaint with Magistrate

  • If police not registering FIR

  • Or police inaction

Magistrate can direct police to register FIR and investigate

Also:

  • Writ petition in High Court (for serious violations)

  • Supreme Court (extreme cases)

9. Lok Ayukta:

State ombudsman:

  • Investigates corruption

  • Maladministration

  • Check if your state has Lok Ayukta

10. Central Vigilance Commission (CVC):

For Central police agencies:

  • CBI

  • Other central agencies

Website: cvc.gov.in

Step-by-Step: How to File Complaint

Step 1: Document Evidence

Crucial! Collect proof:

✓ For illegal arrest: Arrest memo (or lack of it), witness statements✓ For torture: Medical certificate (immediately get examined), photos of injuries✓ For bribery: Audio/video recording (if safe to do), witness✓ For refusal to file FIR: Written complaint you submitted (with date stamp/acknowledgment)✓ For harassment: Dates, times, witnesses, messages/calls✓ General: Names and badge numbers of police officers involved, police station, dates, times, witnesses

Medical examination after torture is CRITICAL evidence!

Step 2: Decide Forum

Based on severity:

Minor issue (rudeness, delay):

  • Complaint to SP/Commissioner

Serious violation (torture, false case, illegal detention):

  • SHRC/NHRC + Criminal complaint

Bribery:

  • Vigilance/ACB

Refusal to file FIR:

  • Magistrate under Section 156(3) CrPC

Can file in multiple forums simultaneously!

Step 3: Draft Complaint

Format for written complaint:

To,
[Name of Authority]
[Designation]
[Address]

Date: [Date]

Subject: Complaint against police misconduct by [Police Officer Name], [Police Station]

Respected Sir/Madam,

I, [Your Name], resident of [Address], wish to file a complaint against [Name of Police Officer], [Rank], posted at [Police Station], for [nature of misconduct].

Facts of the incident:

1. On [Date] at approximately [Time], [describe incident chronologically]

2. The police officer [describe misconduct - illegal arrest/torture/bribery demand/etc.]

3. [Continue with detailed facts]

4. Due to this misconduct, I have suffered [physical injury/mental trauma/financial loss/harassment].

5. I have the following evidence: [List evidence]

This conduct of the police officer is illegal, violates my fundamental rights, and amounts to [relevant charges - torture under Section 115 BNS, illegal detention, etc.].

I request you to:
1. Investigate the matter
2. Take disciplinary action against the concerned officer(s)
3. Award compensation for the harassment and suffering caused
4. File criminal case against the officer if warranted

Documents enclosed:
1. [Medical certificate]
2. [Witness statements]
3. [Photos]
4. [Any other evidence]

I am willing to cooperate in the investigation and provide further information if required.

Thanking you,
Yours faithfully,

[Your Signature]
[Your Name]
[Contact Number]
[Email]

Be factual, specific, and include evidence!

Step 4: Submit Complaint

Methods:

A) In person:

  • Visit office

  • Submit complaint

  • Get acknowledgment (with date stamp and receiving officer's signature)

  • Keep photocopy for yourself

B) By post:

  • Registered post AD (Acknowledgment Due)

  • Keep postal receipt

  • Track delivery

C) Online:

  • Many authorities have online complaint portals

  • Upload documents

  • Get complaint number

D) Email:

  • Official email ID

  • Keep sent mail as proof

Always keep proof of submission!

Step 5: Follow Up

After filing:

  • Note complaint number/reference number

  • Follow up after 15-30 days (if no response)

  • Reminder via phone/email/visit

  • Escalate if no action

Timeline for response:

SHRC/NHRC: Usually 3-6 months for investigation

Police department: 2-4 weeks for internal inquiry

Vigilance: Varies

Step 6: Investigation

Authority investigates:

  • Calls for police records

  • Takes statements (yours and accused officer's)

  • Examines evidence

  • May visit spot

  • May call witnesses

Your cooperation needed:

  • Attend when called

  • Provide additional information

  • Don't be intimidated

Step 7: Findings and Action

Possible outcomes:

A) Complaint upheld:

  • Officer found guilty

  • Disciplinary action (warning, suspension, dismissal)

  • Criminal prosecution (if serious)

  • Compensation awarded to you

B) Complaint dismissed:

  • Not enough evidence

  • Or allegations not proven

You can appeal if dissatisfied

Criminal Complaint Against Police:

For serious offenses, file criminal case:

Where: Magistrate Court (not at police station - conflict of interest!)

How:

File private complaint under Section 200 CrPC:

  • Directly to Magistrate (bypassing police)

  • Magistrate examines on oath

  • Can order inquiry/investigation

  • Can take cognizance and proceed

Charges that can be filed:

Section 115 BNS (Voluntarily causing hurt): If tortured

Section 127 BNS (Wrongful confinement): Illegal detention

Section 351 BNS (Criminal intimidation): Threats

Section 223 BNS (Public servant disobeying law): Illegal acts

Section 61 BNS (Criminal conspiracy): If multiple officers involved

Section 3 SC/ST Act: If caste-based harassment (for SC/ST victims)

IPC still applicable for offenses before July 1, 2024

Compensation:

You can claim:

From SHRC/NHRC:

  • Compensation for torture, illegal detention

  • ₹50,000 to ₹5 lakh+ (based on severity)

  • Paid by state government

Through Court:

  • Civil suit for damages

  • Under tort law (assault, battery, false imprisonment)

  • No limit on amount

Public Interest Litigation (PIL):

  • Supreme Court/High Court can order compensation

  • For egregious violations

Examples:

  • Custodial torture: ₹2-10 lakh

  • Illegal detention: ₹50,000-3 lakh

  • Custodial death: ₹10-50 lakh

Special Cases:

A) Custodial Death:

Immediate action:

Mandatory: Judicial inquiry + Magisterial inquiry

You (family) should:

  • File complaint with NHRC (within 24 hours if possible)

  • Demand post-mortem by independent doctor

  • Videography of post-mortem

  • FIR against police (Section 304 BNS - culpable homicide)

  • High Court PIL

  • Engage lawyer immediately

Supreme Court guidelines: Family entitled to compensation + criminal prosecution of guilty officers

B) Fake Encounter:

If you suspect encounter is fake:

File with:

  • NHRC

  • CBI (can request investigation)

  • High Court (PIL)

Demand:

  • Independent inquiry

  • Forensic examination

  • Ballistic reports

  • Post-mortem details

Supreme Court: Strict guidelines for encounter deaths - mandatory inquiry

C) Women - Sexual Harassment by Police:

Additional protections:

  • File complaint with Women's Commission (National/State)

  • Section 73-78 BNS (Sexual harassment)

  • Section 354 IPC (outraging modesty) - if before July 1, 2024

  • POSH Act (if in workplace context)

Women's Commission has strong powers

D) SC/ST Victims:

File under SC/ST Prevention of Atrocities Act:

  • Stronger punishment provisions

  • Faster trials

  • Compensation

  • Special courts

Precautions While Dealing with Police:

✓ Stay calm - Don't be aggressive✓ Know your rights - Assert politely✓ Record if safe - Audio/video (legal if you're party to conversation)✓ Witnesses - Have someone with you if possible✓ Don't sign blank papers✓ Read before signing anything✓ Lawyer immediately if arrested✓ Medical examination if tortured (within 24 hours)✓ Complain quickly - Don't delay✓ Multiple complaints - SHRC + Vigilance + Criminal complaint all together

What NOT to Do:

❌ Don't retaliate physically - Criminal offense❌ Don't abuse/threaten police - Counterproductive❌ Don't pay bribe - Perpetuates corruption (instead record demand and complain)❌ Don't delay complaining - Evidence gets lost❌ Don't be intimidated into silence❌ Don't give false information - Weakens your case

Legal Aid:

If you can't afford lawyer:

Free legal aid available:

  • District Legal Services Authority (DLSA)

  • At every district

  • Free lawyer for poor

  • Also for women, SC/ST, disabled

NGOs working on police reforms:

  • Commonwealth Human Rights Initiative (CHRI)

  • PUCL (People's Union for Civil Liberties)

  • Many state-level organizations

Resources:

National Human Rights Commission: Website: nhrc.nic.inPhone: 011-23385368/9810298900Email: covdnhrc@nic.in

State Human Rights Commissions: Each state has own (Google "[Your State] Human Rights Commission")

Central Vigilance Commission: Website: cvc.gov.in

National Commission for Women: Website: ncw.nic.inHelpline: 7827-170-170

National Commission for SCs: Website: ncsc.nic.in

National Commission for STs: Website: ncst.nic.in

Real Cases:

Case 1: Delhi man illegally detained for 3 days, tortured. Filed complaint with NHRC. NHRC found police guilty, ordered ₹2 lakh compensation + departmental action. Officer suspended, FIR filed against him.

Case 2: Maharashtra woman demanded ₹50,000 bribe by police officer. She recorded conversation, filed complaint with ACB. Officer caught red-handed taking bribe, arrested, dismissed from service.

Case 3: Tamil Nadu custodial death (Jayaraj and Bennicks case, 2020) - Father-son duo tortured to death. Massive public outrage, NHRC took suo moto cognizance, CBI investigation ordered. Officers arrested, case ongoing. Family awarded compensation.

Case 4: UP man refused FIR registration. Filed complaint with Magistrate under Section 156(3) CrPC. Magistrate directed police to register FIR. Police complied.

Conclusion:

Police accountability is crucial for rule of law. While most police officers are honest, bad apples must be dealt with firmly.

Your actions matter:

  • Complain when wronged

  • Document evidence

  • Use multiple forums

  • Don't be scared

  • Seek legal help

Remember: Police are public servants, not masters. You have rights - assert them!

Faced police misconduct? File complaint today and demand justice!

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