In
a democratic society law must be considered as the foremost priority. It is the
law which can make check and balance in the society. The police are the Authority
that is supposed to follow the law. If the police officers themselves break
the law then the general public will lose their faith in the legal system.
According
to the national crime bureau, there were 54,916 complaints were registered in
the country[i].
Police atrocities on the under-trial criminals and on normal persons are a
matter of concern. Day by day this concern is increasing. Many officers are
found to misuse their official position. In this article, it has been dealt that
what are the laws which support the complaint against a police officer?
Anyone subjected to police harassment can directly file an FIR against that police officer in the nearest police station.
v In
case, his complaint has not been accepted then he can approach the District
superintend of police (DSP). Then the DSP will look into the matter and order
for the registration of the FIR.
v If
the DSP does not look into the matter then the deceased person can go to the
nearest Magistrate and his complain registered. Then the Magistrate will order
the police to register an FIR.
Police Complaint Authority (PCA) was
established by the Supreme Court in the case of Prakash Singh & Others V. Union of India.[ii]
in 2006. The purpose of this commission was to police reform all over the country.
This authority basically deals with the complaints against police officers and
headed by the panel of retired Judges. The Supreme Court directed all the states and
UTs to set PCA authorities both at the state level and district level. So these
would be easily accessible for all.
It was ensured that the Complaints against the officers of
Superintendent of police and above would be registered in the state level PCA
and the Complaints against the officers below the rank of Deputy superintendent
of police registered in the District level PCA.
Basically, a Complaint is filed for the
misconduct of the police officers and this misconduct leads to any act or the omission of the police officers that includes:
·
Death in police custody.
·
Grievous hurt while in police custody.
·
Rape in Police custody.
·
Extortion by a police officer.
·
House/Land grabbing by a police officer.
·
Any abuse of authority by a police
officer.
Most of the complaints are rejected by
the PCA on the ground that they have a lack of information and clarification.
Following documents increase the possibility that the complaint would
considered by the authorities.
·
In case if the injury has been
caused to the victim by the atrocity of
the police officers then a Medical report must be mentioned or the photos of
the injured person can also be mentioned in the complaint.
·
If the complaint of the victim had got
any response from the police then a copy of that complaint can also be
attached.
·
Generally, a victim lodged a complaint on
his behalf. But it could also be filed by third person it may be a friend or
family member.
·
A Complaint can also be made by a person who witnessed the misconduct being committed by the police officers.
·
PCA can take suo motu in case of police misconduct.
A person can put a complaint in writing and it may be sent by post, fax or
submitted in person. It should be made after the incident has taken place[iii].
It must include the following information;
·
Name of the Complainant.
·
Address of the complainant.
·
Contact details of the complainant.
·
Write about the incident that happened
and when it happened.
·
Name and the destination of the police officer against whom the complaint is being lodged.
·
Mention all the sayings of the police
officer which were said by him at the incident.
·
Mention if anyone was present whilst the
incident took place. His contact details also be mentioned.
After all, this information is made in
the complaint then it can be sent to the office of PCA.
Now it can be said that no one above the
law. There are a check and balance over every government institution. No one is
allowed to abuse his official position under the surveillance of law. As far as
the PCAs are concerned, they have not been properly implemented by the states
and suffering from deficiencies like reduced powers, limited mandates and
inadequate funding.
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