How to File a Police Complaint in India

A criminal complaint can be of two kinds, one being a private complaint given to a Magistrate and the other being a First Information Report (FIR). Other than these two kinds of criminal complaints, a police complaint can also be filed by an individual. Unlike an FIR that is lodged for cognizable offenses, a complaint can be lodged for both cognizable as well as non-cognizable offenses under the Criminal Procedure Code, 1973. Section 2(d) in The Code Of Criminal Procedure, 1973 defines a complaint as under:

(d) ” complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offense, but does not include a police report. Before knowing how to file a police complaint, it is important to know and understand what a police complaint is, who can file it, when and where it can be filed and the crucial points that must be kept in mind while filing the police complaint.

What is a police complaint?

A police complaint is addressed to the department of police and is an official notification requiring legal intervention or a kind of adjustment, the need of which occurs due to the happening of a particular event or a situation. For initiation of criminal proceedings, the filing of a police complaint is the first and foremost stage. Ultimately, a police complaint leads to the prosecution of the accused person or the offender. The details about the event or situation are specified in the complaint which helps the department of police in taking the legal action which is necessary in order to rectify the situation. The complaint is documented for future reference and it serves the purpose of an official document that helps support the investigation of the matter that has been reported. The police complaint can be about lost items, disturbance of any kind, assault by some person, etc. The police go-ahead to lodge an FIR if the complaint is accepted and the investigation in the matter is commenced so that the accused can accordingly be apprehended.
 

Who can file a police complaint?

The general rule pertaining to who can file a police complaint is that any person can file a complaint, provided he/she has the knowledge of the offense which had been committed, though such person might not be personally interested or affected by that offense. This comes with certain exceptions such as matters relating to defamation, marriage, and certain offenses which are stated under subsections 195 to 197 of the Criminal Procedure Code, 1973. Thus, it is not necessary that only the aggrieved person can make the complaint, rather any person who is aware of the offense or might have knowledge about the occurrence of such an offense can file a complaint with the police department. The complaint can be written by any individual or any company who desires to report something that was in violation of the general law, regardless of whether the complainant is the victim of the crime, the victim's friend, the victim's family member, or any witness to the crime committed. If a false complaint or wrong information is given by someone to the police, then such person can be prosecuted under Section 203 of the Indian Penal Code, 1860 for giving false information about the offense.
 

When can a police complaint be filed?

Ideally, a police complaint should be filed immediately after the crime or the incident has taken place. Usually in some kind of cases such as that rape, domestic violence, sexual harassment, etc., due to mental trauma, women might take some time to come out and report the incident/crime. During such circumstances, a police complaint can still be filed even if there is a delay by the complainant. If it is refused by the police to undertake an investigation or register an FIR, then the aggrieved can seek remedy under Section 156 (3) of the Criminal Procedure Code, 1973 by filing an application before the concerned Magistrate who is competent to give directions to the police to go ahead and register the FIR, if the same is required by the matter.
 

Where can a police complaint be filed?

A police complaint should be filed in the police station that has jurisdiction over the area in which the offense was committed and the offense should then be reported to the Station House Officer (SHO) or the officer in charge. Though a police complaint can be filed in any police station in case of urgency for cognizable offenses (serious offenses) here the police officer immediately registers a Zero FIR. If at the police station, the officer on duty is unavailable, then the senior most police officer who is available in that station helps to file the complaint or the FIR. If the Inspector or the Station House Officer (SHO) is not present, then the Head Constable or the Sub-Inspector will be the officer in charge who will then receive a complaint or file an FIR accordingly.
 

What is the Purpose of a Police Complaint?

In India, reporting an incident or crime to the police is an essential first step in recording and resolving it. It provides law enforcement with an official written report of the incident that includes all the important information, like the date, time, and details of what happened. This paperwork functions as a court document and offers a basis for inquiries, gathering evidence, and assisting witnesses and victims. The Indian legal system cannot function without it since it is crucial to upholding law and order, deterring potential offenders, and guaranteeing community safety. Essentially, filing a police complaint in India is the first step towards obtaining justice, defending individual rights, and promoting a more secure and safe society for everybody. It is not just a mere formality but an essential part of starting the investigation.
 

How can one file a police complaint?

A police complaint can be filed offline or even online without having to go to the police station. It can also be filed by e-mail, courier, speed post or even a call at the police station amounts to a police complaint and is considered valid under the law.

Offline Mode:

1. Go to the police station and inform the police about the crime/incident.

2. The complaint can either be written beforehand by the complainant, taken to the police station and have them informed that a complaint needs to be filed or the complainant could go to the police station and present the information to them orally, which will then be written down by the police.

3. Oral information to file a complaint is enough and no documents are necessarily required to file a complaint.

4. It is not necessary to know the name or the details of the accused against whom the complaint is being filed. The complainant can describe the accused as much as he/she remembers. Approximate figures of details should be given if the complainant is not sure about the specific details.

5. Before finally submitting the complaint, it must be read again carefully by the complainant in order to verify the facts, and after that, he/she should sign the complaint.

6. The police will stamp the complaint and provide the complainant with a & lsquo Complaint Number.

7. The police will then provide a xerox copy of the complaint filed which must also be signed and stamped.

8. The police will direct the complainant to file a complaint with the Magistrate if the complaint is for a non-cognizable offense.

Online Mode:

The procedure to file a complaint online differs from state to state. If the city or state has the facility of filing complaints online, then it can be done through the internet. The concerned person can access the website and follow the steps which are given there. Following are the basic steps that are mostly present on the official website to file a complaint or an FIR by the online mode:

1. Visit the official website of the concerned police.

2. Select the & lsquo Service' option on the home page.

3. Select a particular category from the given list and register the complaint.

4. A new page will be displayed. Fill in the required details in the registration form. The complainant must give their working e-mail ID and/or WhatsApp number while filing the complaint.

5. Before finally submitting the form, re-check all of the details filled in.

6. After submission of the complaint, a copy of the complaint/FIR in PDF form would be sent to the e-mail ID provided by the complainant.
 

Points to be kept in mind for filing a police complaint:

• The complaint should be filled immediately without any delay

• An oral complaint should be put in writing and must be read aloud and explained to the complainant by the officer

• The complaint should be specific

• It should be recorded in the first person

• Complex words, unnecessary details, and terminologies should be avoided

• The time of arrival and departure of the complainant should be mentioned in the daily diary at the police station

• Describing the incident to the police is enough - giving legal provisions and laws is not required to be provided by the complainant

• A police complaint can be filed in any language and can be filed against multiple persons
   

What should be included in a Police Complaint?

The body of the police complaint mainly has three parts:

1. The first part consists of the details of the incident: The complainant should describe the incident that occurred or one which was in his knowledge in simple and crisp words. It should begin with the date on which the event took place as well as the time of its occurrence.
2. The second part consists of the series of events that emerged afterward: The wrong that was committed which lead the complainant to file the complaint must be mentioned by the complainant. The loss that has occurred, whether the monetary loss, physical damage, loss of valuable items or possession, etc. must also be included herein. It is pertinent to note that the nature of a complaint is not vitiated merely because a wrong section was mentioned.
3. The third part consists of the prayer and the complainant's details: Here the prayer clause should be included wherein what action the complainant is seeking should clearly be established to the police official/ Station House Officer (SHO). The complete details of the complainant including his/her address, contact number, etc. must be mentioned in this part.
 

What Is the Court Fees to Pay for Criminal Complaint in India

According to the guidelines established by the Court Fees Stamp Act, the plaintiff(s) are required to pay the court costs. Court costs may represent a small percentage of the plaintiff's award. The case that was filed and any benefits they are pursuing will determine this. An advocate can provide guidance regarding upcoming procedures and potential court costs while handling a case. If a citizen wishes to submit a formal complaint (FIR), they must be informed of their legal rights. You might have to file a complaint with the judicial magistrate if the police won't take it.
 

What to do if You've Been a Victim of a Crime?

The following are the three crucial actions to take if you have been the victim of a crime in India:

• Inform the Police of the Crime: Get in touch with your neighbourhood police department and provide them with all the information they need to investigate the incident, including what happened, when it happened, and any possible witnesses. It is essential to report the crime in order to launch a formal inquiry.

• Consult an advocate: Get in touch with a counsellor or advocate who specialises in supporting victims of crime. To assist you in overcoming the trauma and navigating the legal system, they can provide you with emotional support and direction.

• A Legal Action to Consider: Take into account pursuing legal action against the offender, depending on the type and seriousness of the offence. This could entail bringing a criminal case via the court system or filing a civil lawsuit to get restitution. Speak with an advocate to learn about your options for pursuing justice and maybe receiving damages for the injury you've endured.
   

What Happens After You File a Complaint in Police Station?

• Filing a police report is the first step, which can be completed by phoning the non-emergency number or visiting the police station.

• An officer will be assigned to the case and tasked with conducting an investigation after the report is filed. In addition to speaking with the victim, the police will question witnesses and gather evidence.

• Upon completion of the inquiry, the officer will report to the prosecutor. After that, the prosecutor will determine whether to press charges or not. The matter will go to court if charges are brought.
   

How to lodge a Complaint Against the Police in India?

Anyone can submit a complaint against the police, and they happen frequently. If you believe that the police have abused you or treated you unfairly in any other way, you have the option to register a complaint against them. You have three options for filing a complaint against the police: in person at the police station, over the phone, or in writing using mail.

In person at a police station: At the local police station where the incident took place, you can file a complaint with the authorities. You must give the station police an explanation of the incident's specifics.

Over the Phone: By contacting the police station and speaking with the duty officer, you can also lodge a complaint against the police over the phone. The police will need a detailed explanation of the incident from you.

In Writing via Email or Snail Mail: You can also send a written complaint to the police via mail or email. You will need to include a thorough description of the occurrence, the names of the participating officers, and the dates and times of the incident.

Translating the Complaint: It might be necessary to get the complaint translated into the language used by the police officer you are complaining about.
 

Types of Complaints Against the Police

There are many types of complaints against the police. Some of them are listed below:

Abuse of Power: This refers to the misuse of authority to mistreat a citizen. This can take the form of verbal abuse, assault, or any other form of harassment.

Unlawful Arrest: This happens when the police arrest you without any legal cause or reason. & ndash False Charges: This happens when the police charge you with a crime you did not commit.

Negligence: This happens when the police fail to perform their duties when arresting someone or gathering evidence. & ndash Wrongful Death: This happens when the police act negligently, which results in death.
 

Steps to Lodge a Complaint Against the Police in India

Here are the steps to file a complaint against the police in India: & ndash

Identify the Officer: The police officer or policemen who abused you must first be identified. You have the option to lodge a complaint with the police department if you are uncertain of the officer's identity.

Write Down the Incident: Write down the precise details and time of the incident. Provide the names of any witnesses and anyone else whom you believe the police abused.

Gather Evidence: Collect all the information you can to support your claims, including medical documents, interview tapes, and pictures of your wounds.

File the Complaint: After obtaining all of this information, you'll be able to lodge a police report. You can send this by snail mail or email, or you can do it in person or over the phone.
 

FIR vs Police Complaint

When a police report is submitted, an investigation is started by the officer. In contrast, a police officer does not investigate a complaint until directed to do so by the proper authority. Until the Magistrate is made aware of a specific FIR, no action is taken at first. When the FIR is filed, the police have to look into the occurrence, speak with all of the witnesses, and provide a final report. The police stop taking further action if they determine that the complaint is without merit or that there is not enough evidence to proceed with a prosecution.
 

Why do you need a lawyer?

As a citizen bound by the letter of law, it is important to understand the intricacies of the criminal justice system which is incomplete without a proper understanding of the numerous types of criminal offenses punishable by law. A holistic understanding of these broad categories as discussed above is only possible with the aid of a trained criminal lawyer who can impart necessary information that will best help protect and enforce your rights before a court of law. A trained lawyer can ensure that your case or dispute is handled with the expertise required to traverse the justice delivery mechanisms put in place by the state and thus best protect your interests. Therefore, the first step for any person embroiled on either side of a criminal dispute is to seek the services of a good criminal lawyer.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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