What is the procedure for filing a police complaint in India?

Filing a police complaint in India is a fundamental legal right that allows individuals to report crimes, grievances, or wrongdoings. Understanding the correct procedure ensures that your complaint is properly registered and acted upon by the police.

This article explains in detail the step-by-step process for filing a police complaint, the legal provisions, important precautions, and what to do if the police refuse to act on your complaint.

What is a Police Complaint?

A police complaint is an official communication made by a person to the police, informing them about an offense, wrongdoing, or grievance. It can be made orally or in writing and is recorded by the police in their General Diary (GD) or Station Diary.

A complaint may be made for:

?? Cognizable offenses (serious crimes like murder, rape, robbery).

?? Non-cognizable offenses (minor crimes like defamation, verbal abuse, or simple hurt).

> ?? Legal Basis: While the term "police complaint" is not defined in the Criminal Procedure Code (CrPC), it is widely used in law enforcement. If a complaint reveals a cognizable offense, the police must register an FIR under Section 154 CrPC.

Step-by-Step Procedure for Filing a Police Complaint in India

Step 1: Identify the Jurisdiction of the Police Station

- A complaint should be filed at the police station that has jurisdiction over the area where the offense took place.

- If you are unsure about jurisdiction, you can approach any police station, and they will guide you to the correct one.

Step 2: Drafting the Complaint

- The complaint can be written or oral. However, it is always advisable to submit a written complaint for proper documentation.

- The complaint should be clear, concise, and factual.

- Essential details to include in the complaint:

1. Your Name, Address, and Contact Details

2. Date and Time of Incident

3. Place of Incident

4. Details of the accused (if known)

5. Description of the incident

6. Names of witnesses (if any)

7. Any supporting documents or evidence (photos, videos, medical reports, etc.)

8. Request for action by the police

Tip: Keep a copy of your complaint for future reference.

Step 3: Submit the Complaint to the Police Station

- Visit the police station and approach the Duty Officer or Station House Officer (SHO).

- Hand over your written complaint and request an acknowledgment.

- The police may ask you for more details or clarifications before registering the complaint.

Important: If the offense is cognizable, the police should immediately register an FIR (First Information Report) under Section 154 CrPC. If the offense is non-cognizable, they may record your complaint in the station diary and refer you to a magistrate for further action.

Step 4: Obtain a Complaint Acknowledgment

- After submitting your complaint, ask for a signed and stamped acknowledgment receipt.

- If your complaint is recorded in the General Diary (GD) or Station Diary, ask for the diary entry number.

- If an FIR is registered, you are entitled to receive a free copy of the FIR under Section 154(2) of CrPC.

?? Tip: An acknowledgment helps in tracking your complaint and can be useful if legal action needs to be taken later.

Step 5: Follow-Up with the Police

- Keep in touch with the police station to check the status of your complaint.

- If the police do not take any action within a reasonable time, you can escalate the matter.

Alternate Ways to File a Police Complaint in India

If you are unable to visit the police station physically, you can file a complaint using alternative methods:

1. Online Complaint (E-Complaint)

- Many states in India allow online complaints through the State Police Department’s website or National Cyber Crime Reporting Portal (for cyber crimes).

- Steps to file an online complaint:

1. Visit the official website of your state police department.

2. Look for the "Lodge Complaint" or "E-Complaint" section.

3. Fill in the details and submit the complaint.

4. You will receive a complaint reference number for tracking.

Example: The Delhi Police, Mumbai Police, and other metro city police have online portals for lodging complaints.

2. Filing a Complaint via Email or Post

- A complaint can be sent through email or registered post to the Commissioner of Police, Superintendent of Police (SP), or the concerned police station.

- Keep a copy of the email or postal receipt for reference.

Tip: If the local police refuse to register your complaint, escalate it to higher authorities through email or post.

What to Do If the Police Refuse to Register Your Complaint?

If the police refuse to register your complaint or do not take action, you have several legal remedies:

1. Approach the Higher Authorities

- If the SHO refuses to register your complaint, you can approach the Superintendent of Police (SP) or Commissioner of Police.

- Submit a written complaint explaining the refusal by the lower authorities.

2. File a Complaint with the Magistrate (Section 156(3) CrPC)

- If the police refuse to register an FIR, you can file a complaint with the Judicial Magistrate under Section 156(3) CrPC, requesting the magistrate to direct the police to register an FIR and investigate.

3. File a Writ Petition in the High Court (Article 226 of the Constitution)

- If all other remedies fail, you can file a Writ Petition in the High Court under Article 226 of the Indian Constitution, seeking a direction to the police to take action.

Case Law:

- Lalita Kumari v. Govt. of U.P. (2013): The Supreme Court held that police must register an FIR if a cognizable offense is disclosed.

- State of Haryana v. Bhajan Lal (1992): The court laid down guidelines for police action in cases of false complaints.

Precautions While Filing a Police Complaint

?? Provide accurate details: Any false information can lead to legal consequences under Section 182 IPC (False Information).

?? Keep copies of all documents: Maintain a copy of your complaint, acknowledgment, and any responses from the police.

?? Avoid exaggeration: Stick to the facts, as false complaints can be dismissed or lead to counter-action.

?? Use legal remedies: If the police refuse to act, escalate the matter through higher authorities or the court.

Conclusion

Filing a police complaint is a straightforward yet important legal process in India. Whether it is for a cognizable or non-cognizable offense, knowing the correct procedure ensures that your complaint is properly registered and acted upon.

If the police refuse to take action, legal remedies such as approaching higher authorities, filing a complaint before a magistrate, or seeking relief from the High Court are available.

Would you like assistance in drafting a police complaint or filing a legal remedy in case of police inaction? Let me know!

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

www.jsrohilla.in