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Mar 6, 2022

Can you file a complaint when the police harass you?

The Delhi High Court condemned the Delhi Police for conducting an illegal raid at 2.30 in the morning. It issued directions for the same.

What is police harassment?

Police harassment is when a police officer goes beyond their assigned duties to take advantage of a citizen in their official capacity. This can take many forms, such as arrests without warrants where one is required and illegal raids.

Which law governs police officers in India?

Police officers are governed by the Indian Police Act of 1861.

Can police officers be arrested for harassment?

Yes, according to Section 29 of the Indian Police Act, a police officer can be punished with imprisonment up to three months and/or a fine up to three months’ salary if they have failed to fulfil their responsibility or have indulged in misbehaviour.

Which authority is responsible to handle cases of police misconduct?

Cases of serious misconduct by police officers are heard by the Police Complaint Authority (PCA)  which was set up in 2006.

What constitutes ‘serious misconduct’?

Serious misconducts include death in police custody, grievous hurt, rape or attempt to commit the same, arrest or detention without due process of law, extortion, land/house grabbing or any incident involving serious abuse of authority.

How do you file a complaint against police officers?

The PCA is a district level authority, and can be approached for cases of serious misconduct by police officers. A complaint can be sent by post or fax, or be given in person. The complaint should be written, and must include:

  • Details of the complainant.
  • Description of the incident.
  • Any additional documents which can be useful such as medical reports and photographs.

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