What can you do if the police don’t act on your complaint?

In a recent order, the Punjab and Haryana High Court discussed what a person can do when police officers do not take action on a complaint. A person who gives a complaint to the police (complainant), or a person who is a victim of a crime, can face the problem of police inaction. A complainant/victim has several remedies to deal with the police in case of deliberate inaction, unreasonable delay, failure to collect evidence, shielding of offenders etc. by the police.

Procedure in criminal cases

In India, the law on criminal procedure is regulated by the Code of Criminal Procedure, 1973. The High Court referred to Section 173(1) of the Code, which says that every police investigation should be completed without unnecessary delay.

The Court held that investigation has to be fair, prompt, transparent and judicious to both the victim of a crime, and the person accused of a crime. An investigation which is ineffective, unfair, unclear, irresponsible, or delayed investigation etc. is against the fundamental rule of law under Article 21 of our Constitution.

What can you do against police inaction?

The High Court said that complainants/victims have remedies against the police, and referred to the Supreme Court judgement in Sakiri Vasu v. State of UP. In this case, the Supreme Court said that if a Magistrate thinks proper investigation is not being done by the officer-in-charge of a police station, the Magistrate can certainly direct the officer to make a proper investigation and can also monitor the investigation. Further, if a person thinks that a proper investigation has not been made by the police officer, the person can approach the Superintendent of Police or another superior police officer (the superior officer can do the investigation if he wants to).

Thus, the High Court said that the complainant/victim of a crime can apply to the relevant Magistrate for monitoring the police investigation, and the Magistrate can issue appropriate directions for speedy completion of the investigation.

The complainant/victim can also file a complaint against the Investigating Officer for deliberately disobeying any law which regulates the manner of conducting an investigation. Under Section 166A of the Indian Penal Code, such an officer can be punished with rigorous imprisonment for six months up to two years, along with a fine.

The complainant/victim may alternatively file a petition in the High Court for transferring the investigation to an independent agency such as CBI.