How to complain against a police officer in India — beating or custodial torture, illegal detention, bribe demands, threats, refusal to act; complaint to the SP / Commissioner, Police Complaints Authority (Prakash Singh 2006), Magistrate under BNSS s.175(3)–(4) (2026 Supreme Court ruling), human rights commissions, CCTV footage (Paramvir Singh Saini) and sanction under BNSS s.218 (2026)
Practical guide for people who have faced misbehaviour by police — being beaten, illegally detained, threatened, asked for a bribe, pressured to compromise, or arrested without following the BNSS safeguards: what counts as misconduct and which offences may apply under the BNS, the complaint routes (senior officers, State and District Police Complaints Authorities, Judicial Magistrate, State Human Rights Commission / NHRC, anti-corruption bureau), how to preserve evidence such as medical reports and police-station CCTV, and realistic expectations. Educational only — not legal advice. Adhiwakta does not file complaints or contact police or commissions for anyone.
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What counts as police misconduct
Common examples are: beating or torture in custody; arrest or detention without following the law (no arrest memo, not informing family, not producing before a Magistrate within 24 hours — BNSS ss.35, 36, 58); keeping someone in the police station ‘for inquiry’ without records; demanding a bribe; threats, abusive language or pressure to withdraw a complaint; refusing to register an FIR for a cognizable offence (see the guide on police refusing FIR); illegal seizure of property; and sexual harassment. Some acts are offences under the Bharatiya Nyaya Sanhita (BNS) — for example voluntarily causing hurt to extort a confession (s.120, old IPC 330 / 331), wrongful confinement (s.127), extortion (s.308), and a public servant disobeying the law to cause injury or failing to record information (ss.198–199, old 166 / 166A). Bribe demands fall under the Prevention of Corruption Act, 1988.
First, protect yourself and your evidence
If you were injured, get a medical examination and treatment at a government hospital as soon as possible and keep the MLC / injury report and photographs. Write down the date, time, place, names, badge numbers and vehicle numbers, and the names of witnesses. Under Paramvir Singh Saini v. Baljit Singh (2 December 2020) the Supreme Court directed CCTV cameras with audio in every police station, covering entry and exit points, lock-ups and corridors, with footage preserved for 18 months and never less than a year — so ask in writing, quickly, for the footage to be preserved, and mention it in every complaint. Keep copies of call recordings or messages demanding money.
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Write in Hindi or English · general guidance, not legal advice
Complaint to senior police officers
A written complaint to the Superintendent of Police (SP) / Deputy Commissioner or the Commissioner of Police of the district, with copies to the Range IG / DIG, is the quickest route for departmental action (suspension, inquiry, transfer). If the misconduct also discloses a cognizable offence and the station refuses to register an FIR, you can send the substance of the information to the SP under BNSS s.173(4) (old CrPC 154(3)). Many States run online grievance portals and the CM helpline; keep the acknowledgement and complaint number.
Police Complaints Authority (PCA)
In Prakash Singh v. Union of India (2006) the Supreme Court directed every State to set up a State Police Complaints Authority to look into complaints of serious misconduct against officers of the rank of SP and above, and District Authorities for officers up to the rank of DSP. ‘Serious misconduct’ includes death, grievous hurt or rape in police custody; the district authority also covers extortion, land or house grabbing and serious abuse of authority. Several States have created these authorities through their Police Acts or orders, with varying powers and functioning — check your State’s PCA website or the State Home Department for the address and form.
Complaint to the Judicial Magistrate (BNSS s.175(3)–(4))
If police do not act, you can file a written complaint supported by an affidavit before the Judicial Magistrate asking for an FIR and investigation under BNSS s.175(3) (old CrPC 156(3)), or a complaint case for the Magistrate to take cognizance himself. The BNSS adds s.175(4): for a complaint against a public servant arising in the course of official duties, the Magistrate may order investigation after getting a report from the officer’s superior and considering the officer’s version. In XXX v. State of Kerala (27 January 2026) the Supreme Court held that this sub-section works together with s.175(3) — the complaint must be in writing on affidavit — and that Magistrates need not wait indefinitely for the superior officer’s report.
Sanction to prosecute: when it is and is not needed
Under BNSS s.218 (old CrPC 197), a court cannot take cognizance of an offence by a public servant ‘while acting or purporting to act in the discharge of official duty’ without prior government sanction. Courts have repeatedly said this protection is only for acts reasonably connected to official duty; it is not a shield for every illegal act, and whether it applies depends on the facts. The Magistrate’s order under s.175(4) and the sanction question at cognizance stage are two separate steps.
Custodial death, disappearance or rape
Where a person dies or disappears in police custody, or a woman is alleged to have been raped in custody, BNSS s.196 (old CrPC 176(1A)) requires an inquiry by a Judicial Magistrate (not only an Executive Magistrate) in addition to the police investigation, and the body is to be sent for post-mortem examination within 24 hours of death. D.K. Basu v. State of West Bengal (1997) laid down arrest safeguards — identification of arresting officers, arrest memo witnessed by a family member or local person, informing a relative, medical examination — and the National Human Rights Commission (NHRC) requires custodial deaths to be reported to it. Families can also approach the High Court under Article 226 (see the writ guide).
Human rights commissions
You can complain to the State Human Rights Commission or the NHRC under the Protection of Human Rights Act, 1993 — the NHRC accepts complaints online (hrcnet.nic.in) and by post, in Hindi and English. A commission can inquire, recommend compensation and prosecution, and seek reports from the police. It ordinarily cannot inquire into a matter more than one year after the act complained of (s.36(2)), and will not take up a matter already being inquired into by another commission. A commission recommends; it does not convict.
Bribe demands
If an officer demands money to register an FIR, release a person or a vehicle, or ‘settle’ a case, do not pay. Complain to the State Anti-Corruption Bureau / Vigilance or, for central police organisations, the CBI. Agencies may arrange a trap under the Prevention of Corruption Act, 1988; keep any recording or message as evidence.
Realistic expectations
Departmental action, criminal prosecution and compensation are separate tracks and can take time. Retaliation is a real fear — mention any threats in your complaint and ask for protection; the Witness Protection Scheme, 2018 and courts can direct protection. Do not exaggerate in the complaint; stick to facts and documents. Eligible persons can get government legal aid from the District Legal Services Authority (DLSA) under the Legal Services Authorities Act, 1987.
How Adhiwakta can help
We do not file complaints or petitions, contact police, commissions or courts, or appear anywhere. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Where can I complain against a police officer?
- To the SP / Commissioner and senior officers, the State or District Police Complaints Authority where it exists, a Judicial Magistrate, the State Human Rights Commission or NHRC, and the Anti-Corruption Bureau for bribe demands. You can use more than one route.
- What is the Police Complaints Authority?
- An independent body the Supreme Court directed States to set up in Prakash Singh (2006): a State authority for serious misconduct by officers of SP rank and above, and district authorities for officers up to DSP. Powers and functioning differ by State.
- Can I get the police station CCTV footage?
- Paramvir Singh Saini (2020) requires CCTV with audio in police stations and footage preserved for 18 months, at least one year. Ask in writing early for preservation, mention it in complaints, and ask the Magistrate or commission to call for it.
- Is sanction needed to prosecute a policeman?
- BNSS s.218 (old CrPC 197) requires sanction only for acts done while acting or purporting to act in official duty. Courts have said it does not protect every illegal act; it depends on the facts.
- What is the time limit to complain to the NHRC?
- Under Section 36(2) of the Protection of Human Rights Act, 1993, a commission ordinarily cannot inquire into a matter after one year from the date of the act. Complaints can be filed online at hrcnet.nic.in.
- What changed for complaints against public servants under BNSS?
- Section 175(4) BNSS requires the Magistrate, before ordering investigation, to get a report from the officer’s superior and consider the officer’s version. In 2026 the Supreme Court said the complaint must be on affidavit and the Magistrate need not wait indefinitely for the report.
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