In this article, Abhinav Arya of Amity Law School, Lucknow discusses Legal actions to take on being harassed by a police officer.
Introduction
In every democratic country and in federal form of government there is a checks and balance system , Every wing checks the other so that they stay within the frame of law. Nobody is above the law whether he is a police officer or a common man everyone comes under the law. If any person is being harassed by police officer unnecessary, there are legal actions that can taken on him.
Obtaining an effective remedy for complaint against the police has been an arduous, daunting and time consuming.There are total 54,916 complaints reported in the country in the year 2015 according to the National Crime Bureau (Ministry of home affairs) from which only 16,308 inquiry was instituted and Only 5526 case was registered against them, and only 1122 Police personnel sent up for Trial during the year from which the convicted police personnel is only 25.
NCRB Reports that there were 30 deaths in police custody in 2015 and 67 deaths of people who were in Police custody without judicial sanction. Both under the constitutional provisions and statutory law the police only have a maximum of twenty-four hours in which they can keep someone in custody without Magistrate’s order and continued scrutiny.Deaths in police custody are already a major source of concern, and it is shocking that there were even higher numbers of deaths in potential cases of illegal custody by the police
The NCRB statistics reveal the poor quality of police accountability in India. Of the total complaints registered against police officers in 2015, departmental, magisterial and judicial inquiries were instituted in only about 46 per cent of the complaints. Of the total complaints filed against police officers, 51.2 per cent remained uninvestigated because they were discovered to be untrue or were just simply unsubstantiated. As before, there is no explanation regarding the steps that were taken, if any, before it was decided that these complaints were to be disposed. In 2015, 1,122 cases against police officers were sent for trial.Of these, 115 cases, or 10 per cent, were either withdrawn or disposed, while 92 trials were completed. Of these, 67 police personnel, were acquitted, while police personnel,25 were convicted. No explanation is given for the tremendous imbalance in the high rate of acquittal and low rate of conviction of police officers.
This statistics showing that how serious this issue has become and it is growing day by day.
What legal action can be taken by a victim?
There are several remedies available to a victim of police misconduct or abuse.
- Any victim of police abuse : Can register a First Information Report(FIR) against the errant officer at any police station;
- If his complaint is not accepted (which is most often ) he can send complaint to the District Superintendent of police who will then look into the matter and order the registration of the FIR .
- If both these avenue do not produce results the victim can go to the nearest Magistrate and his complaint registered.The Magistrate will then order the police to register the FIR;
- The Victim can even send his complaint to the National Human Rights Commission or the state human rights commission if there is one in his or her state.
PCA (Police Complaint Authority)
In 2006, The Supreme Court of India in the case of Prakash Singh & Ors gave a landmark judgement directing all state government and Union government to reform the way police forces functions all over the country. PCA is also a part of the directive to set up a Police Complaint Authority in all the states.
The court directed the setting up of the both state level and district level police complaints authorise so that they would be easily accessible for all. This was ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA an complaints against officer 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.
The Police Complaints Authority shall inquire into the complaints of serious misconduct against police personnel either `suo motu` or on a complaint received from a victim or any person on his or her behalf.Even complaints by National Human Rights Commission would be taken up by the PGC
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 any misconduct by any police officer to the PCA. Any Serious misconduct is any act or omission by a police officer that leads to or amounts to:
- Death in Police Custody
- Grievous hurt while in custody
- Rape in Police custody.
If a district PCA exist in your area, You can complain to them like listed below:
- 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?
PCA can enquire any serious misconduct against the police on its own or when it receives complaint from:
- A victim or a person complaining on his behalf; this could a friend or a family member.
- Any person who has witnessed any misconduct being committed by the police; and
- Any other source.
How you can file a complaint?
To file a complaint with the Authority you should contact first PCA for any prescribed format if any.Till now only Odisha have only specific prescribed format.The Person Can put a complaint by any medium like writing and send it by Post or Fax or submit it in person. The complaint should be lodged ASAP after the incident taken. The complaint should be in writing and must include :
- Your Name
- Your Address
- Your Contact details/Phone numbers.
You need to mention
- What happened;
- When it happened ;
- Who you are complaining about, which includes the name and destination of the police officer.
- What was said or done;
- Whether anyone else was there whilst the incident happened (witnessed) and how to contact them(If you this )
- If you were hurt or if anything got damaged
Some important and relevant document that you can attach along with your complaint, which will add more weight to your complaint. These documents can be:
- Photographs showing Injuries
- Any prior complaints lodged before the police or any other forum and evidence which
- shows that no steps have taken on these complaint.
- Proof of daily diary entry
- Medical report or any certificate issued by a doctor disclosing the nature if injuries;
If you hand deliver your complaint, keep a copy of the complaint and the papers you have submitted , as well as 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 receives received will give you proof of your application being sent by the Authority.
Conclusion
This Shows that No one is above the law, If any government officials also misuse his power then he have to face the consequences. If after filing a complaint you can’t a getting a fair hearing you can 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. Law is same for all citizen of India no one above from them, no one can go beyond the law.
Suggested Readings
References
Prakash Singh V/s. Union of India, 2006 8 SCC 1.
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