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?
➣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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