sneha jaiswal 15 May 2021

Legal aid

Hello, Learned Counsel!

One of my friend is harassed by the Police when he went to register his complaint at the Police Station against the politician of his town who was harassing her sister. He tried to complaint higher authorities but later he found that they all are tarred with the same brush. Also, they threatened him not to take any action against him otherwise they will kill him and his family. What kind of legal remedy available to him?

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Quick Summary

If you or a friend are experiencing harassment from the police, several legal avenues are available. You can lodge an FIR at any police station or send a complaint to the District Superintendent if it's not registered. A Magistrate can also order the police to register an FIR. Additionally, complaints can be made to the National or State Human Rights Commission, or through a writ petition to the High Court. The Police Complaint Authority (PCA) at the district level also handles misconduct allegations against police officers. Ensure you provide all necessary details and proof when filing a complaint and keep a dated receipt for your records.

4 Replies

aditi srivastava 15 May 2021

respected ma'am

In the case of police harassment, victim can lodge FIR in any police station. If the complaint is not been registered then you can send it to the District Superintendent. The victim can also approach the nearest Magistrate, who can order the police to register the FIR. Also he can send the complaint to National Human Rights Commission or the state human rights commission of his state. You can also invoke writ jurisdiction of High Court under article 226 for your grievance.

Police Complaint Authority or PCA also ensures that complaints against police officers could be made to the district level PCA.

It also inquires complaints against misconduct by police officer either suo motu or when a victim files it on his behalf. PCA exist only to look into complaints against police personnel and have no there mandate.

While filing for the complaint make sure to mention your name, address, contact details, what/when happened, photographs or any proof showing that no step was taken by the police. Keep a copy of the complaint and date stamped receipt with you as a record.

hope you find this helpful

regards

Sankaranarayanan (Advocate) 15 May 2021

Better to file petition before the Human Right commission

ganesh ns 17 May 2021

file a private complaint against the offender before the concerned Jurisdictional Magistrate.
or
file a petition before the magistrate and get a direction from the court to register the FIR, then without having any other way police will register an FIR and arrest the offender.
best of luck...