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Home Law in India

Complaint against Police

by Legal Shots
August 16, 2022
in Law in India, Laws, Lawyer
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Complaint against Police

Complaint against Police

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Atrocities committed by police officers are a severe issue. The crime perpetrated by police officers remains one of the most serious and disruptive human rights abuses in India. Excessive use of force by police officers includes unjustified shootings, severe beatings, fatalities, and violent treatment of offenders. The directive from high authorities and politicians is a huge impediment to the police evading their duties and pushing them to conduct human rights crimes. They avoid punishment and are free to commit new crimes.

Police personnel cannot recognize crimes done by them; they quickly disclaim them when revealed by the media or in the news, and their explanations tend to indicate that the conduct was a mistake. Police brutality happens in all major cities nowadays, and procedures to deal with and cope with misbehavior failed in all cities studied. Complainants confront great obstacles in obtaining administrative sanctions or criminal prosecution of officers who have committed human rights abuses.

Where to complain about police atrocities?

A victim of police wrongdoing or abuse has various options for redress.

  • Any victim of police misconduct may file a First Information Report (FIR) against the offending officer at any police station.
  • If his complaint is not accepted (which is usually the case), he can file a complaint with the District Superintendent of Police, who will investigate the incident and order the FIR to be registered.
  • If neither of these methods yields results, the victim can file a complaint with the local Magistrate. The Magistrate will then direct the police to file an FIR.
  • The victim can also file a complaint with the National Human Rights Commission or a state human rights commission if one exists in his or her jurisdiction.

If you do not wish to make an online complaint. Report the incident to the Regional Police Review Committee or the Police Complaints Authority (PCA). They are a private community group. Attach a copy of the Police Misconduct Report and provide a full narrative of the occurrence. These reports will come in handy in the future. The victim will benefit by presenting a previous report of an officer who has a history of abuse.

Using the Right to Information Act (RTI)

An existing constitutional right is codified by the Right to Information Act of 2005 (RTIA). It is acknowledged as a crucial piece of legislation that makes the realization of all other fundamental human rights possible. It requires responsibility in government, is regarded as promoting informed public engagement, and is crucial to the democracy’s operation.

Internet-based grievance

If a complaint is received via social media, through WhatsApp, the Abhayam app, and then click to report. The majority of the complaints were sent over WhatsApp. Police officers responded quickly and gave top priority to complaints they received over WhatsApp. Only a small number of complaints qualify as valid FIRs; the rest are fabrications.

Conclusion 

This demonstrates that no one is above the law, and if government official abuses their authority, they will also be held accountable. Invoking the High Courts’ writ authority under Article 226 of the Indian Constitution would allow you to request a review of the hearing and/or judgment if, after making a complaint, you are unable to receive a fair hearing. The idea of procedural fairness is one of the tenets of natural justice. Every Indian citizen is subject to the same laws; no one is above them and no one is permitted to break the law.

Feel free to connect with us to better understand legal concepts!

If still doubts persist, consult legal experts at

https://www.aapkaconsultant.com/legal-opinion-legal-shots

Tags: article 226COMPLAINTcomplaint against policeconstitution rightscrimecriminaldemocracyDraftingFIRHigh Courtindian lawLandmark JudgmentsLawLegallegal adviceLegal Documentationlegal draftingLEGAL OPINIONlegal shotsnaman mohnotpolicepolice complaintright to informationRTISupreme Courtwhatsappyoutube channel
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