How to file Complaint against Police Officer/Staff

 

While a police officer joins the police forces he/she takes an oath that he/she will always protect the people of the country and this will be his/her first duty. But sometimes a police officer uses the power in a wrong way.

For this, the Supreme Court has conduct PCA- Police complaints authority. This authority sees the public complaints against police officers. This authority is basically a panel headed by a retired judge who hears the misconduct or inactivity on any complaints against police.

Maharashtra established Police Complaints Authorities (PCAs) in 2014. These are independent bodies mandated to inquire into complaints by the public against police personnel. It deals with cases involving allegations of serious misconduct, corruption, and abuse of authority. In Maharashtra, there is one PCA at the state level and six at the divisional level in Nashik, Pune, Aurangabad, Nagpur, Amravati and Konkan. Every State in India consists of more than one PCA.

What can the PCAs do?

They can receive and look into complaints against police personnel and also take other actions to hold the police accountable. Both the state and divisional PCAs have the following powers :

1. To conduct inquiries into complaints, hear all concerned persons, receive evidence, and give recommendations to be implemented by the police department and the state government;

2. To advise the state government to ensure the protection of witnesses, victims and their families who face, or may face, threats or harassment for filing a complaint against the police;

3. To visit any police station, lock-up or other place of detention used by the police.  Any member of a PCA, with the written authorisation of the Chairperson, can conduct these visits.

PCA try to resolve your case because it is free from the police and have their own powers to entertain your complaint. A complaint can be made by the victim or victim’s friend or a family member.

What can you complain about?

The State and Divisional PCAs have the power to receive complaints of:

1. Death in police custody

2. Grievous hurt (under Section 320 of the Indian Penal Code, 1860)

3. Rape or attempt to commit rape

4. Arrest or detention, without following the prescribed procedure

5. Corruption

6. Extortion

7. Land or house grabbing

8. Any other serious violation of law or abuse of lawful authority.

Who can file a complaint?

The PCA can take up complaints against the police by itself (suo moto). It can also receive complaints from the following:

1. A victim of police misconduct/abuse

2. A victim’s family member

3. Anyone on  behalf of the victim (in this case, an affidavit must show the victim’s consent  allowing another person to file the complaint)

4. The National Human Rights Commission

5. The State Human Rights Commission

6. The police itself

How to make complaint in PCA ?

Documents required-

1. If an injury has happened due to police then mention the medical report in the complaint.

2. You can add a photo that shows the injury of the victim.

3. If you have lodged your complaint and have got any response from the police then you can attach the copy of that complaint also.

4. Proof of Police daily diary entry.

Process -

The complaint process is offline so you have to file the complaint in handwriting.

The following this should be mentioned while making a complaint against police-

1. Name of the complainant

2. Address of complaint

3. Contact details of complaint

4. Write about the complaint- what happened, When happened,

5. The name of the officer of whom against you want to file a complaint,

6. What was said or done by the police officer basically the reason,

7. If anyone was a witness at the spot of incident add their name also.

After all, this paperwork sends it to the PCA office. The address varies with the cities.

Points to be noted-

- If after filing a complaint, you don’t get any response (it happens) then you can ask PCA about it.

- If still it doesn't respond, then go to RTI office,

- If still nothing happens then go to the PCA office what action they are taking into your case,

- If you don’t get satisfied with the PCA decision one can go to the concerned police station can file FIR.

- If the FIR doesn’t get entertained then go to senior officers of police.

- if you also get disappointed there then go to the magistrate and high court respectively in case of hearing.

- By this way, one can file a complaint against police.

Where to file Complaint ?

1) Maharashtra State Police Complaints Authority-

Address-4th Floor, Cooperage Telephone Exchange, Maharshee Karve Road, Nariman Point, Mumbai-40021

Email-mahaspca@gmail.com

2) Divisional Police Complaints Authority, Pune

Division Address- 1 St Floor, Anant Heights, Jadhav Nagar, Next to Nanded City, S.No- 29/219 Sinhagad Road, Pune-411068

3) Divisional Police Complaints Authority, Konkan Division

Address- Sector 17, Pali Road, Kalamboli Police Headquarters, Navi Mumbai-410218.