How to Complain Against a Police Officer in India

If a police officer has refused to act, abused his authority, or treated you wrongfully, you have more than one route open to you. The complaint can go to the officer's own seniors, to the State Police Complaints Authority, to the National or State Human Rights Commission, and in some cases to the Magistrate. Each body can do something different. This guide sets out the order in which to proceed, the documents to keep, and what you can realistically expect from each authority.

What to do first when you have a complaint against a police officer

Write down what happened while it is fresh, in date order, with names, the police station, the time and any witness. Ask for the officer's name, buckle number and designation, and note them. Put your complaint in writing rather than making it orally, and keep a copy plus proof of how you delivered it, whether that is a receipt, a diary number or a courier acknowledgement. If a person is in custody, note the place of detention and the time of arrest, because the law requires that an arrested person be produced before a Magistrate within twenty-four hours under Article 22 of the Constitution. Avoid arguing with the officer on the spot; gather the facts first, then choose the route that matches the conduct you are complaining about.

Which authority can act on a complaint against the police

There is no single window for complaints about the police, so the first thing to do is match the complaint to the body that can act. A complaint about a refusal to register an FIR or to investigate normally goes first to the officer in charge of the police station and then to the Superintendent of Police. A complaint about serious misconduct, such as assault, illegal detention, extortion or a death or injury in custody, may go to the State Police Complaints Authority. A complaint raising a human rights violation can go to the State or National Human Rights Commission. Where the officer's act is itself an offence, a complaint can be made to the Magistrate, who can take cognizance and direct an investigation. You can use more than one route, but each carries its own procedure and evidence requirements, so take advice before filing in several places at once; an online advocate consultation will tell you which forum fits the conduct you are describing.

How to file a complaint at the police station, step by step

The station is the starting point for most complaints, even though the officer you are complaining about may work there. Hand the complaint to the officer in charge, not to the officer concerned, and follow this order:

1. Put the complaint in writing, dated and signed, addressed to the officer in charge of the police station.
2. State the facts, the date and place of the incident, and the name and buckle number of the officer if you know it.
3. Say clearly what you want: registration of your information, an inquiry into the officer's conduct, or both.
4. Hand over one copy and ask for a receipt or a diary entry number.
5. Note the name and designation of the officer who received it, and the date and time.
6. Keep your own copy and any acknowledgement in a single file.

If the officer concerned is senior to the receiving officer or is present, it is still proper to insist that the paper be received. An oral complaint that leaves no record is the easiest one to deny later.

Complaining to the Superintendent of Police and the Police Complaints Authority

If the station does not act, send the complaint to the Superintendent of Police of the district, with a copy of the station complaint and proof of delivery. The Superintendent can direct an inquiry, order the registration of a case, and initiate departmental or disciplinary proceedings against the officer. For allegations of serious misconduct, many states have a State Police Complaints Authority, set up on the direction of the Supreme Court, to inquire into complaints against officers of the rank it covers. The Authority examines the complaint and records its findings and recommendations, and whether it can impose a penalty or only recommend one depends on the law and rules of the state concerned. If your complaint is really about a refusal to register an FIR, that has its own route through the Superintendent and the Magistrate, which our guide on what to do when an FIR is not registered sets out in order.

Complaining to the National or State Human Rights Commission

A complaint that an officer has violated a person's human rights, such as illegal detention, custodial violence or denial of a statutory right, can be made to the State Human Rights Commission or the National Human Rights Commission under the Protection of Human Rights Act, 1993. The Commission can inquire into the complaint, call for reports from the government, and recommend compensation, disciplinary action or prosecution to the authority concerned. Its recommendations are not a court decree; the government is asked to report the action taken, and the Commission can follow up. There are limits on how old the incident may be and on the categories of complaints the Commission takes, so check the current rules before filing. Legal aid, including help with drafting, is available to eligible applicants through the legal services authorities, and our guide on free legal aid explains who qualifies.

Approaching the Magistrate

Where the conduct of an officer amounts to an offence, you can bring a complaint before the Magistrate. The Magistrate can take cognizance of a complaint, examine the complainant, and either issue process against the accused or direct the police to investigate; the power to direct an investigation is now in section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces section 156 of the Code of Criminal Procedure, 1973. The usual order of steps is:

1. Prepare a complaint setting out the facts and the offence you say is disclosed.
2. Attach the record of your complaint to the police and any reply received.
3. File it before the Magistrate with jurisdiction over the place of the incident.
4. Appear when called and support the complaint on oath.
5. Follow the court's directions on notice, evidence and process.

Because the complaint must name the offence and the accused precisely, it is normally prepared and filed by an advocate. If you are in custody, or facing a related case, keep the two matters separate in your own file, and an advocate can advise whether a bail application is also needed.

Documents and details to keep ready

Whichever route you take, the same set of papers will be asked for:

• A dated written complaint and proof of how it was delivered.
• The officer's name, buckle number, designation and the police station.
• Names and contact details of any witnesses.
• Medical records, photographs or messages that support your account.
• Your identity and address proof.
• A one-page timeline and copies of any reply received from the department.

Keep originals safe and give copies. Do not alter a document after the incident; a consistent record is worth far more than a strong statement.

If your first complaint goes nowhere

If the station or the Superintendent does not act, move up rather than give up. Send a reminder in writing, quoting the date of your earlier letter and the absence of a reply, and keep the receipt. Take the matter to the State Police Complaints Authority where the complaint is about the officer's conduct, or to the human rights commission where it concerns a rights violation. If a public authority is failing to perform a statutory duty, a writ petition in the High Court under Article 226 of the Constitution can ask the court to direct that the duty be performed, as our guide on the writ petition route explains. Where cost is a barrier, free legal aid under the Legal Services Authorities Act, 1987 is available to eligible applicants. You can also ask a free legal question on this site to work out which route fits your facts.

What each authority can and cannot order

It helps to know the limits before you file. The officer in charge and the Superintendent operate within the department: they can register a case, order an inquiry, and start disciplinary proceedings, but they cannot award you compensation or convict anyone. The Police Complaints Authority inquires into serious misconduct and records findings and recommendations for action by the government or the department. The Human Rights Commission can inquire and recommend compensation, disciplinary action and prosecution, but its recommendations are not themselves enforceable like a court's decree. Only a court can try an offence, convict an accused, or award damages in a civil suit. That is why the choice of forum should follow the outcome you want: action against the officer, a finding on your rights, or a criminal or civil remedy.

Where you stand once your complaint is on record

What you will hold at the end of the first stage is an acknowledgement: a receipt or diary number from the station, or a registered-post proof of the complaint you sent to a higher authority. That record fixes the date and the content of what you alleged. It does not by itself punish the officer, recover anything, or decide who is right. If the matter proceeds, you may later have an inquiry report, a court order or a commission's recommendation, but each depends on the evidence and on the body concerned. Keep every stage in writing and in one file, so that if you do approach a court or commission, the record tells the whole story.

Conclusion

Complaining against a police officer works best when it is written, dated and escalated in the right order: station, Superintendent, Police Complaints Authority, human rights commission, and the Magistrate where an offence is involved. Decide first what you want — action against the officer, a finding about your rights, or a criminal remedy — and pick the route that can actually deliver it. If the complaint is tied to an underlying case, an advocate who knows both files will keep the two consistent. You can book a lawyer consultation online to plan the complaint, or read more under criminal law and on the LawPucho blog.

Disclaimer: This article is general information about Indian law and procedure, not legal advice for your particular facts. For advice on your matter, consult a lawyer. Nothing here creates an advocate-client relationship until you engage an advocate directly.