Complaint against the police: FIR refused, misconduct, custody abuse
Where to complain about the police: SP and Magistrate for a refused FIR, Police Complaints Authority, Human Rights Commission and courts. Steps and helplines.
In short
- FIR refused? Send your complaint in writing to the Superintendent of Police (Sec 173(4) BNSS); if that fails, apply to the Judicial Magistrate (Sec 175(3) BNSS).
- Rudeness, bribe, illegal detention? Complain to the SP or Commissioner, the state Police Complaints Authority, and the State or National Human Rights Commission (free, online, within one year).
- Custody death or torture? A Judicial Magistrate must inquire (Sec 196 BNSS); the NHRC must be told within 24 hours; the family can claim compensation.
- Write down names, badge numbers, date, time and witnesses. Keep copies of everything.
- Emergency 112; women 181; free legal aid 15100.
The police are meant to be the first people you turn to when something goes wrong. But when an officer refuses to register your complaint, insults you, demands money or uses force in custody, you may feel there is nowhere to go. There is. The law gives you several routes, and using them also protects the honest officer.
Your basic rights with the police
- FIR for a cognizable offence. A cognizable offence is one where police can arrest without a warrant, such as theft, assault or rape. Information about it must be registered as an FIR (Sec 173 BNSS, earlier Sec 154 CrPC); in Lalita Kumari v. Government of U.P. (2014) the Supreme Court held that registration is mandatory. You may report at any police station ("zero FIR") or electronically, and you must get a free copy.
- Rights on arrest. Under Art 22 and the BNSS you must be told the grounds of arrest (Sec 47), the police must inform a relative or friend you name (Sec 48), you may meet your lawyer during questioning (Sec 38), you must be medically examined (Sec 53), and you must be produced before a Magistrate within 24 hours (Sec 58). Every police station must display the names of arrested persons and the officers responsible (Sec 37).
- Freedom from torture. In D.K. Basu v. State of West Bengal (1997) the Supreme Court laid down binding rules: officers must wear visible name tags, an arrest memo must be signed by a witness and the arrested person, and a medical examination must be done. These are now in Sec 36 BNSS. Hurting a person to extract a confession is a crime (Sec 120 BNS).
Step by step: if the police refuse your FIR
- Ask in writing. Hand over a written complaint and ask for a stamped receipt. If refused, note the officer's name and the time.
- Write to the Superintendent of Police (or Deputy Commissioner in a commissionerate) under Sec 173(4) BNSS, sending the substance of your complaint by registered post. The SP can investigate personally or direct an officer to register and investigate. Keep the postal receipt.
- Apply to the Judicial Magistrate under Sec 175(3) BNSS if the SP also does not act. Attach your complaint, the proof of sending it to the SP, and an affidavit. The Magistrate may make an inquiry and then order the police to register and investigate.
- Know that refusal can be a crime. An officer who fails to record information about specified serious offences, including rape, acid attack and offences against women, can be prosecuted under Sec 199 BNS (earlier Sec 166A IPC), with imprisonment of six months to two years.
At the station, speak calmly and ask only two things: "Please register my FIR" and "Please give me the name of the officer refusing." Many refusals end at that point.
Where to complain about misconduct
- Senior officers. For rudeness, delay or a bribe demand, write to the SP, Deputy Commissioner or Commissioner of Police, or use the state police's online complaint portal. Keep the acknowledgement number.
- Police Complaints Authority (PCA). In Prakash Singh v. Union of India (2006) the Supreme Court directed every state to set up a State PCA for complaints against officers of the rank of Deputy Superintendent and above, and District PCAs for lower ranks, headed by retired judges, for serious misconduct: custodial death, grievous hurt, rape in custody, illegal arrest or detention, extortion. Most states have created them, though their powers and performance vary.
- State or National Human Rights Commission. Takes complaints of custodial violence, illegal detention and police inaction. No fee, no lawyer needed, online filing, within one year of the incident. It can recommend compensation and prosecution.
- Anti-Corruption Bureau. For a bribe demand, the state ACB can arrange a trap.
- High Court. A writ under Art 226 can seek release from illegal detention (habeas corpus, "produce the body"), a court-monitored or CBI investigation, or compensation. Take legal advice.
Death, rape or disappearance in custody
If a person dies, disappears or is alleged to have been raped in police custody, a Judicial Magistrate, not merely the police, must hold an inquiry (Sec 196 BNSS, earlier Sec 176 CrPC). The NHRC requires every custodial death to be reported to it within 24 hours and post-mortems to be video-recorded. Families should ask in writing for the post-mortem video, the inquiry report and an independent investigation. In Nilabati Behera v. State of Orissa (1993) the Supreme Court held that the State must pay compensation when it violates the right to life in custody.
Imran's shop in Meerut is broken into. The duty officer tells him to "settle it" and refuses an FIR. Imran writes a one-page complaint, sends it by registered post to the SSP under Sec 173(4) BNSS, and keeps the receipt. Ten days later, with no response, he files an application before the Judicial Magistrate under Sec 175(3) BNSS, attaching the complaint, the postal receipt and an affidavit. The Magistrate directs the police station to register the FIR and investigate, and Imran receives a free copy within a week. He separately complains to the SSP about the officer's refusal, quoting the date and time of his visit.
Keep these ready
- Your written complaint, dated, with a copy for the station's stamp
- Names or badge numbers of officers, the police station, date and time of each visit, names of witnesses
- Registered post receipt for the complaint to the SP; the affidavit for the Magistrate
- For custody cases: arrest memo, medical examination report, any photos of injuries, the hospital or post-mortem papers
Do not wait for the police to "come around". The Human Rights Commissions will not normally take a matter more than a year old, and evidence of injuries and CCTV footage disappears within days. Put the first complaint in writing on day one, and never hand over your only copy of anything.
Where to go
- Station House Officer, then the SP / Deputy Commissioner / Commissioner of Police; then the Judicial Magistrate (Sec 175(3) BNSS)
- State or District Police Complaints Authority (set up under the Prakash Singh directions)
- State Human Rights Commission or NHRC: hrcnet.nic.in, helpline 14433
- Bribe demand: state Anti-Corruption Bureau; women 181; children 1098; emergency 112
- Free lawyer for the Magistrate's application or a High Court writ: 15100 (NALSA), District Legal Services Authority
Common questions
Police are refusing to register my FIR. What can I do?
Send the substance of your complaint in writing by registered post to the Superintendent of Police under Sec 173(4) BNSS. If the SP does not act, apply to the Judicial Magistrate under Sec 175(3) BNSS with your complaint, the postal receipt and an affidavit; the Magistrate can order registration and investigation. You can also report at any other police station as a zero FIR.
Can I complain against a police officer online?
Yes. Most state police websites have a complaint section, and the National and State Human Rights Commissions accept online complaints at hrcnet.nic.in without any fee. Several Police Complaints Authorities also take complaints by email. Always note the acknowledgement number and follow up in writing.
What is a Police Complaints Authority and when should I use it?
It is an independent body the Supreme Court ordered states to create in Prakash Singh (2006), headed by a retired judge, for serious misconduct such as custodial death, grievous hurt, illegal detention or extortion. Use it alongside a complaint to senior officers. Its powers vary by state; find its address on your state home department's website.
My relative was beaten in the lock-up. What should I do first?
Insist on an immediate medical examination and get the report; take dated photographs of injuries. Make sure the arrest memo exists and the person is produced before a Magistrate within 24 hours, and tell the Magistrate about the injuries. Then complain in writing to the SP, the Police Complaints Authority and the Human Rights Commission, and call 15100 for a lawyer. Causing hurt to extract a confession is a crime under Sec 120 BNS.
Can I get compensation for illegal detention or custodial violence?
Yes. Human Rights Commissions can recommend compensation, and the High Court or Supreme Court can award it directly in a writ petition, as the Supreme Court did in Nilabati Behera (1993) and D.K. Basu (1997). Compensation does not prevent criminal prosecution or departmental action against the officers.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
