Laws are created to protect and empowers us, but due to ignorance and lack of knowledge of the provision of law, a police official takes its benefit for harassing a common man.
A Police role is to
maintain law and order in the society and to ensure the safety and protection
of a common people and also for protection of their integrity.
As per out Constitution,
“Law applied to everyone i.e. No One is above the Law “. A Police official is
also a part of the society, and they cannot be allowed to take the law of the
land into their hand and to misuse the power after harassing a common people.
The legal functions of
the Police are to deal with the detention and investigation of crime, arrest of
offenders, collection of evidence etc.
What legal action you can
take against the harassment of Police?
➣You can file a Complaint /FIR against the Police harassment at any Police Station.
➣If Police Officer of the
Police Station refused to take your written complaint and not lodged an FIR,
then you can approach the Senior Police Officer like Superintendent of Police
or the Commissioner of Police.
➣If no action is taken by
the Senior Police Officer, then you can file a Private Complaint under Section
156(3) of Criminal Procedure Code before the Judicial Magistrate with a prayer
to lodge an FIR against that Police official who has harassed you.
➣If you failed to get a
positive response from all the sources mentioned as above, then you can file a
Writ Petition in the High Court under the provision of Section 482 of the
Criminal Procedure Code, 1973 for the issuance of Writ of Mandamus against the
The defaulting police officer who refused to register an FIR.
➣Lastly, in case of denial
from all sources, you have your legal right to file a complaint before the
State Human Rights Commission or the National Human Rights Commission against
that Police official.
Out
of these steps, you can also lodge your complaint before the Police Complaints
Authority (PCA).
Police Complaints
Authority (PCA)
The Supreme Court of
India on 22.09.2006 , in order to keep a check and to curtail the severe
problem of Police violence or abuse has directed the State government and all
the union territories to set up an Independent Police Complaints Authority
(PCA).
This decision was taken
by the Supreme Court due to increase of complaints against the Police and lack
of accountability.
This Police Complaints
Authority shall investigate against the serious misconduct of Police officials
after receiving a genuine compliant.
Who can lodge a Complaint
before PCA?
➤The
Victim
➤Any
Person on behalf of the victim
➤Any
person who has witnessed any misconduct by the police
➤The
National or the State Human Rights Commission
➤The
police or any other source.
What may be the Serious
Misconduct of Police?
➨Death
in the Police custody
➨Arrest
or detention by the Police without due process of law.
➨Grievous
hurt by the Police, as defined in Section 320 of IPC
➨Rape or
attempt to commit rape
➨Land/House
grabbing
➨Extortion
or
➨Any incident of serious abuse of the authority.
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