How to File a Complaint Against Police Misconduct in India — Step-by-Step Guide

To file a complaint against police misconduct in India, you have multiple routes: file a complaint with the State Human Rights Commission (SHRC) or National Human Rights Commission (NHRC) online at hrcnet.nic.in; approach the Police Complaints Authority (PCA) of your state; file a departmental complaint with the Superintendent of Police or the Inspector General; file a criminal complaint before the Magistrate; or file a writ petition before the High Court. The NHRC/SHRC route is free and effective for custodial violence, while the Magistrate route is appropriate when the misconduct constitutes a criminal offence.

Who can file a complaint against police misconduct

• Any person who has been subjected to custodial violence (beating, torture, or inhuman treatment while in police custody)
• Any person who has been illegally detained (arrested without a warrant for a non-cognizable offence, detained beyond 24 hours without being produced before a Magistrate, or detained without informing reasons for arrest)
• Any person whose FIR was refused by the police for a cognizable offence
• Any person who was subjected to police extortion (demands for bribes or payments in exchange for filing/not filing cases)
• Any person who was subjected to false implication in a criminal case by the police
• Any person whose property was illegally seized by the police without proper authorization
• Family members of a person who died in police custody or in a police encounter
• Any person who witnessed excessive use of force by the police during arrests, protests, or other situations
• Any citizen who has knowledge of corruption, dereliction of duty, or abuse of power by any police officer

Types of police misconduct covered:

• Custodial torture and violence (Section 330/331 IPC / Section 121 BNS)
• Wrongful confinement (Section 342/343 IPC / Section 127 BNS)
• Illegal detention beyond 24 hours (violation of Article 22 of the Constitution)
• Refusal to register FIR (Section 166A IPC / Section 172 BNS)
• Extortion and bribery (Section 384 IPC / Section 308 BNS; Prevention of Corruption Act, 1988)
• False imprisonment on fabricated charges (Section 220 IPC / Section 216 BNS)
• Encounter killings and fake encounters
• Sexual harassment or assault by police officers
• Discrimination or targeted harassment

Documents you will need

Mandatory documents

• Written complaint — Detailed account of the misconduct with dates, times, location, and the officer(s) involved (name, designation, badge number if known, police station)
• Identity proof — Aadhaar card, voter ID, PAN card, or any government-issued photo ID
• Medical certificate — If physical violence was inflicted, get a medical examination at a government hospital immediately and obtain a medical certificate documenting injuries (this is critical evidence)

Additional documents (strongly recommended)

• Photographs/videos — Photos of injuries, CCTV footage, phone videos of the misconduct (if available)
• Witness statements — Written statements from witnesses who saw the misconduct
• Custody record — Copy of the arrest memo, custody register entry (you have a right to this under D.K. Basu guidelines)
• Previous complaints — If you had previously complained to the police station about the officer, include copies
• Hospital records — If treatment was received for injuries caused by police, include hospital admission records, treatment details, and bills

Step-by-step process

Step 1: Document everything and get medical attention

If you or someone you know has been subjected to police violence or misconduct:

1. Get medical attention immediately — Go to a government hospital and get a medical examination. Request that the doctor record all injuries in detail (nature, size, location, likely cause). Obtain the medical certificate — this is your most important piece of evidence.
2. Document injuries — Take clear photographs of all injuries with a date stamp. If possible, have someone else photograph you.
3. Record details — Write down everything while it is fresh: the officer's name and badge number, the police station, the date and time, what was said and done, and the names of any witnesses.
4. Preserve evidence — If you have phone recordings, CCTV footage, or messages, save them immediately in multiple locations (cloud storage, email to yourself).

Tip: Under the Supreme Court's landmark judgment in D.K. Basu v. State of West Bengal (1997), the police must follow 11 mandatory requirements during arrest and detention, including: providing an arrest memo, informing a family member, medical examination every 48 hours, and production before a Magistrate within 24 hours. Violation of any of these is itself a ground for complaint.

Step 2: Choose your route — Multiple options available

You have six routes for complaints against police misconduct, and you can pursue more than one simultaneously:

Tip: For custodial violence and encounter deaths, the NHRC/SHRC route is most effective because human rights commissions have dedicated investigation wings and the power to recommend compensation. For criminal offences by police, the Magistrate route ensures prosecution. For urgent matters (illegal ongoing detention), a habeas corpus petition before the High Court is the fastest remedy.

Step 3: Route A — File a complaint with NHRC or SHRC

National Human Rights Commission (NHRC): For complaints against police officers of the rank of SP and above, or for matters involving multiple states, or when the SHRC has not acted.

State Human Rights Commission (SHRC): For complaints against police officers up to the rank of SP within the state.

How to file:

• Online: Visit https://hrcnet.nic.in/ and register as a new user. Fill in the complaint form, upload supporting documents, and submit. You will receive a case registration number.
• By post: Send a written complaint to the NHRC (Manav Adhikar Bhawan, C-Block, GPO Complex, INA, New Delhi-110023) or the SHRC of your state.
• By email: NHRC — covlofficer@nic.in; SHRC — check your state SHRC website

Fee: Completely free What NHRC/SHRC can do: Investigate the complaint, visit the police station, examine records, recommend compensation, direct criminal prosecution of the officer, and recommend departmental action.

Tip: NHRC has a mandatory protocol for custodial deaths — every custodial death must be reported to the NHRC within 24 hours by the police. If this was not done, mention it in your complaint. NHRC takes non-reporting very seriously and it compounds the seriousness of the case.

Step 4: Route B — Approach the Police Complaints Authority (PCA)

Following the Supreme Court's directions in Prakash Singh v. Union of India (2006), states were directed to establish Police Complaints Authorities at the state and district level to inquire into complaints of serious misconduct (custodial death, grievous hurt, rape, land/house grabbing, extortion) by police officers.

How to file: Submit a written complaint to the PCA of your state/district (contact details available on the state police website or from the District Magistrate's office).

States with operational PCAs: Maharashtra, Kerala, Tamil Nadu, Karnataka, Rajasthan, Uttarakhand, Gujarat, and several others. Implementation varies significantly by state.

Tip: If your state does not have an operational PCA (many states have been slow in compliance), use the NHRC/SHRC route or the departmental complaint route.

Step 5: Route C — File a departmental complaint with senior officers

Write a complaint to the senior police officers in the chain of command:

1. Superintendent of Police (SP) — For complaints against officers up to the rank of Inspector at a police station
2. Inspector General (IG) / DIG — For complaints against officers at the rank of SP or above, or when the SP has not acted
3. Director General of Police (DGP) — For systemic issues or when lower ranks have not acted

Where: Office of the SP (District Police Office), IG Range, or DGP (State Police HQ) How: Written complaint by hand-delivery (get a receipt) or registered post Fee: Free

Tip: Departmental complaints can result in suspension, transfer, pay cut, or demotion of the officer. They are effective when combined with an NHRC/SHRC complaint — the pressure from both the department and the human rights body increases the chances of action.

Step 6: Route D — File a criminal complaint before the Magistrate

If the police officer's misconduct constitutes a criminal offence (assault, torture, illegal confinement, extortion, fabrication of evidence), you can file a private criminal complaint before the Judicial Magistrate under Section 200 CrPC / Section 223 BNSS.

Relevant criminal provisions:

• Custodial torture: Section 330/331 IPC (voluntarily causing hurt to extort confession) / Section 121 BNS
• Wrongful confinement: Section 342/343 IPC / Section 127 BNS
• Illegal detention: Section 220 IPC (illegal commitment for trial) / Section 216 BNS
• Refusal to file FIR: Section 166A IPC / Section 172 BNS
• Causing death: Section 302/304 IPC (murder/culpable homicide) / Section 103/105 BNS
• Extortion: Section 384 IPC / Section 308 BNS, and Prevention of Corruption Act, 1988

Where: JMFC / Metropolitan Magistrate Court with jurisdiction Fee: ₹200-500 (court fees)

Tip: Filing criminal complaints against police officers is challenging because the police have to investigate their own colleague. Request the Magistrate to direct investigation by an independent agency (e.g., state CID) or at minimum by a police station different from the one where the accused officer serves. The Magistrate has the power to order such transfer of investigation.

Step 7: Route E — File a writ petition before the High Court

For the most serious cases — custodial death, ongoing illegal detention, systemic violations, or when other remedies have failed — approach the High Court directly:

• Habeas Corpus (Article 226): If someone is being illegally detained, the High Court can direct the police to produce the detainee immediately. This is the fastest judicial remedy — the High Court can hear it on the same day.
• Writ of Mandamus: To direct the police to perform their duty (register FIR, investigate properly, take action against the erring officer)
• Public Interest Litigation (PIL): For systemic police misconduct affecting a community or class of people

Where: High Court of the state where the misconduct occurred Fee: Court filing fees (₹5,000-20,000 depending on the nature of the petition) Advocate: An advocate is required for High Court proceedings

Tip: For habeas corpus, approach the High Court immediately — do not wait. The court can hear the matter urgently (even on holidays) and direct the police to produce the detained person. Carry whatever evidence you have — a formal affidavit can be filed later.

Step 8: Follow up and ensure action

Whichever route you choose, follow up actively:

• NHRC/SHRC: Track your case status on https://hrcnet.nic.in/. If no action within 3 months, file a reminder.
• Departmental complaint: If the SP does not respond within 30 days, escalate to the IG/DGP.
• Magistrate complaint: Attend hearings regularly and present evidence.
• High Court: Monitor case listing dates on the High Court website.

Tip: Pursue multiple routes simultaneously for maximum pressure. For example, file with the NHRC AND file a departmental complaint AND file a private criminal complaint. Each route serves a different purpose — NHRC for compensation and accountability, departmental for disciplinary action, criminal for prosecution.

Fees and costs

How long does it take

Can you do this online?

• NHRC: Yes. File online at https://hrcnet.nic.in/. Track case status, upload documents, and receive updates online.
• SHRC: Some SHRCs have online portals (e.g., Maharashtra SHRC, Delhi SHRC). Check your state SHRC website.
• PCA: Generally requires physical filing; check your state PCA for online options.
• Departmental complaint: Can be emailed to the SP/IG office (official email IDs are on the state police website). Most state police websites also have "citizen grievance" portals.
• Magistrate/High Court: Physical filing required in most courts; some courts accept e-filing through the eCourts system.

What if things go wrong

Problem: The police threaten you with a counter-case for filing a complaint

Solution: Police sometimes threaten complainants with false counter-cases (e.g., assault on a public servant under Section 353 IPC / Section 132 BNS). This is itself a form of misconduct. Immediately report the threat to the SP, NHRC/SHRC, and the Magistrate. If a counter-case is actually filed, challenge it before the High Court under Section 482 CrPC / Section 528 BNSS for quashing. Courts are generally wary of police filing counter-cases against complainants as retaliatory action.

Problem: The investigating officer assigned to your case is from the same police station as the accused officer

Solution: File an application before the Magistrate (or the SP) requesting transfer of investigation to a different police station, a different district, or the state CID. Cite the obvious conflict of interest — colleagues cannot investigate each other impartially. The Supreme Court has held that the right to a fair investigation is part of Article 21 of the Constitution.

Problem: The NHRC/SHRC inquiry is slow and no action has been taken

Solution: File a reminder application with the NHRC/SHRC. If still no action, approach the High Court seeking directions to the NHRC/SHRC to expedite the inquiry. The NHRC/SHRC's annual reports are placed before Parliament/state legislature — persistent non-action can also be raised through an MP/MLA.

Problem: You fear retaliation from the police after filing the complaint

Solution: Mention the fear of retaliation specifically in your NHRC/SHRC complaint and request protective measures. The NHRC can direct the SP to ensure your safety. If there is an imminent threat, file an application before the Magistrate for protection under Section 357A CrPC / Section 396 BNSS. In extreme cases, the High Court can pass specific protection orders against police harassment.

Problem: Witnesses are afraid to come forward against the police

Solution: Witnesses can provide written statements without initially appearing in person. In NHRC/SHRC proceedings, witness protection is taken seriously. If the matter reaches court, you can apply for witness protection under the Witness Protection Scheme, 2018, which provides for identity protection, relocation, and police protection for witnesses. The Supreme Court approved this scheme in Mahender Chawla v. Union of India (2019).

State-specific differences

Frequently asked questions

What are my rights if I am arrested by the police?

Under the Supreme Court's D.K. Basu guidelines (1997) and the BNSS provisions: (1) You must be informed of the grounds of arrest (Section 47 BNSS); (2) An arrest memo must be prepared and signed by a witness and must contain the date and time of arrest; (3) You must be produced before a Magistrate within 24 hours (Article 22 of the Constitution, Section 58 BNSS); (4) You have the right to inform a family member (Section 36 BNSS); (5) You have the right to consult a lawyer (Article 22); (6) You have the right to free legal aid if you cannot afford a lawyer (Article 39A); (7) You have the right to a medical examination (Section 53 BNSS); (8) A woman can only be arrested by a female police officer, and no woman shall be arrested after sunset and before sunrise except in exceptional circumstances with the prior permission of a Judicial Magistrate (Section 35(3) BNSS).

Can I file a complaint against the police for not filing my FIR?

Yes. Refusal to register an FIR for a cognizable offence is a criminal offence under Section 166A IPC / Section 172 BNS, punishable with imprisonment from 6 months to 2 years and fine. You can file a complaint with the SP, the NHRC/SHRC, or directly before the Magistrate under Section 156(3) CrPC / Section 175(3) BNSS. See the related guide: "How to File a Complaint with the Magistrate if Police Refuse FIR."

What compensation can I get for custodial violence?

The NHRC regularly recommends compensation of ₹2 lakh-25 lakh for custodial violence, depending on the severity. For custodial death, the NHRC has recommended up to ₹5 lakh-25 lakh. In a High Court writ petition, compensation can be even higher — courts have awarded ₹10 lakh-1 crore in cases of custodial death. This is in addition to criminal prosecution of the officers.

Can I file a PIL for systemic police misconduct?

Yes. If the misconduct is not an isolated incident but a systemic pattern (e.g., repeated torture at a particular police station, encounter killings in an area, systematic extortion), you can file a Public Interest Litigation (PIL) before the High Court. PILs can result in systemic reforms — court-mandated CCTV installation in police stations, mandatory audio-video recording of interrogations, or transfer of a police unit.

Is there a time limit for filing a complaint against police misconduct?

For NHRC/SHRC: You must file within 1 year of the incident (the NHRC/SHRC can condone delay in exceptional cases). For criminal complaints before the Magistrate: The limitation depends on the offence — 3 years for offences punishable with up to 3 years imprisonment, no limit for offences punishable with more than 3 years. For departmental complaints and PCA: No strict limitation, but file as soon as possible while evidence is fresh.

What should I do if police violence is happening right now?

Call 112 (All-India Emergency Number) immediately. If the violence is by police themselves and you cannot call for help, try to attract attention — shout, bang on walls, alert neighbours. As soon as you are released, go directly to a government hospital for medical documentation. Then file simultaneously with: (1) The SP/senior police officer by phone and in writing, (2) The NHRC/SHRC online, and (3) Consider a habeas corpus petition in the High Court if someone is still detained. Preservation of medical evidence and witness accounts is critical — act within the first 24-48 hours.