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Writer's pictureLead India
Nov 28, 20224 min read

Can We Register Criminal Case Against Police In India

There are three ways to report abuse or improper behavior by police: Internal grievances, legal action, and criminal charges. Any of these options or a combination of them may be used by a person. When a criminal complaint against a police officer is still ongoing, a police department may choose not to look into the matter.


You can express your complaints in a complaint letter to the deputy commissioner of police in charge of that particular zone. You can report the harassment you endured at the hands of the police officer in a letter to the state human rights commission. Last but not least, you may submit a writ petition under article 226 to the Hon'ble High Court asking it to direct the senior members of the police apparatus to take action against the offending police officer.


Police Complaint Authority:


After the Prakash Case ruling, the Indian Supreme Court issued orders for structural reform of the police, establishing Police Complaints Authorities at the state and district levels with immediate effect. This led to the establishment of the Police Complaint Authority in 2006. The decision to establish police complaints authorities was made in order to ensure that a local mechanism skilled in handling a wide range of complaints against the police, including the most serious, was readily available to the general public. The decision was made primarily as a result of the increase in the number of complaints against the police and the lack of accountability.


Police Complaints Authority complaints that can be made. The Authority is required to look into allegations of "Serious Misconduct" made against police officers in a complaint from any of the following sources: The National or State Human Rights Commission, the police, the victim or anybody speaking on their behalf, or any other source.

How to file a complaint:

You can make a complaint with PCA, on your own, or with a local body that already exists in your neighborhood or district. Any other person who has seen any improper conduct by the police may register a complaint.

  • You should first get in touch with PCA and ask for the prescribed format for submitting complaints. A complaint may be made in person, by mail, or by fax.

  • Name, Address, and Contact Information must be included in the written complaint.

  • You must provide details regarding the incident, such as what happened, when it happened, who you are complaining against, and the name and address of the police station where the offending police official is located. What was done or stated; Who witnessed the incident when it happened, whether anyone else was present at the time, and whether you have their contact information. Describe any losses or damages you have suffered.

  • You may also provide any pertinent documentation that would strengthen your complaint, such as photos documenting the incident or images of the damage or injuries sustained; Medical Report or any Certificate provided by a physician detailing the type of injuries, if any, that have been sustained; Proof of the station diary.

Always preserve a copy of the complaint and the supporting documents before submitting them, and if you did so in person, be sure to get a receipt that has the date stamped on it as proof. If you sent your complaint by registered mail, be sure to maintain a copy of the receipt in a safe place. As evidence that you have sent the application being sent by the authority, all of these receipts and copies will serve as proof.


People should constantly bear in mind that there is a need to be informed of the laws and the available remedies whenever they encounter such atrocities, or that they should always seek a lawyer in such circumstances. By following Chapter XII of the Code of Criminal Procedure and the Police Act, which expressly states that every activity related to an investigation and all other activities should have a written record in the police diary or general station diary, the Court in this case issued the guidelines that were necessary.


Before registering against the Police, one must consult a lawyer. Consulting a lawyer will make you aware about all the pros and cons. If the person lives in Kolkata then a criminal lawyer in Kolkata can be consulted. Likewise, criminal lawyer in pune can also be consulted if the case is to be registered in Pune. Criminal lawyer in Delhi can be appointed if the case is to be registered in Delhi.


At Lead India, we offer a range of expertise and legal services. You can ask questions to experts online for free here. You can talk to a lawyer to get the best advice here. Our team of attorneys understands the ins and outs of the law, helping you make informed decisions. Our team of experts also provides free legal advice online. Our team can help assist you in filing cases against police officers.


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