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Shreya Mittal   11 January 2021

Police disturbing and interfering

My brother is accused but not convicted for the offence of theft. The district police comes and interferes anytime of the day. They even come to search his house at night and not letting him and my parents sleep peacefully. It has been very disturbing lately. They sometimes do not even have a warrant for search. Please suggest what to do? 


 1 Replies

175B083 Mahesh P S   15 January 2021

Hello, This is how you can deal with police harassment: In view of the absence of an effective framework for accountability against police misconduct, the Supreme Court in 2006, in the case of Prakash Singh v Union of India, directed states to establish Police Complaints Authorities at the state and district levels. The recommendations of these authorities for departmental or criminal action against a delinquent police officer would be binding, as per the court. An independent appointment mechanism for the members deciding complaints was also provided. The court noted that the National Police Commission had, in its first report in February 1979, dealt with the modalities for inquiries into complaints of police misconduct to be conducted in a manner that was credible, fair and impartial. Yet, these and various other recommendations made across eight reports of the National Police Commission were not implemented, forcing the Supreme Court’s hand to issue binding directions till appropriate legislations were passed by states. * If there is a need to file a complaint against a Police Officer, over his misconduct, the victim should file it in the commissioner’s office in the city. * Whenever, A police officer does not file FIR , the victim may send the substance of the information, in writing and by post to the Superintendent of Police concerned, who after getting satisfied that such information discloses the commission of a cognizable offences like Murder, Theft, Robbery, shall either investigate the case himself or he can direct an investigation to be made by any police officer subordinate to him. * If the complaint filed to the Superintendent of Police still does not result in your favour, the victim can make a visit to the nearest Magistrate and can get his complaint registered. After which, the magistrate will order to the police to register the FIR. * If a person being the victim of the misconduct because of the omission of a duty of a police personnel, which can be any violation of duty or wilful breach or neglect of any rule or regulation, shall be liable to be punished under section 29 of Indian Police Act,1861 with, * A penalty up to 3 months’ pay; or * Imprisonment up to 3 months; or * Both penalty and imprisonment. Thank you
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