What Should You Do If a Police Officer Is Harassing You Illegally?

It is very important that you take legal action against the police officers who are responsible for their misbehavior if you have been a victim of illegal harassment by them. You have the right to be liable to wrongdoing and promote a polite, safe relationship with law enforcement.

This procedure will help you file a complaint and give you the information and help to make sure your rights are protected. The law also provides relief against illegal harassment by police under the Police Act 1861.

What do you mean by police harassment?

The police harassment means when a police officer used their power in excess to harass and torture the citizen. It is an illegal way to take advantage of the citizens by using their power.

Example: prepare false cases, prepare false evidence, search without warrant, illegal detention, etc.

Is there any provision available in the constitution for the legal rights of citizenship against police harassment?

We have certain rights as Indian citizens that protect us from harm when we deal with the police. Knowing these rights gives us power and guarantees that the law treats us fairly. Every Indian has a right to interact with law enforcement.

Contact the Superintendent of Police: The complaint can be filed to the superintendent of police regarding the false allegation made by the police by misuse of their power to harass the citizen.
Complaint can be filed to the magistrate: If the superintendent of police rejects or does not respond to a complaint then the citizen has a right to file a complaint directly to the magistrate. Afterward, the magistrate gave the order to the police to investigate the matter.
File a petition to the High Court: If a magistrate gives orders to the police to investigate but they fail in investigation and not provide relief. The citizen has a right to file a petition to the High Court by writ petition under ARTICLE 226 of the Constitution of India.

Laws related against police harassment:

THE INDIAN POLICE ACT, 1861 deals with harassment cases. The section 29 provides the punishment to the police officer if they make illegal harassment to the citizen for up to 3 months and fine up to 3 month’s salary of the police officer.

Police complaint Authority (2006): When citizens get harassed by the police officer illegally they can file a complaint against the police officer in the PCA which was established in 2006 after a landmark case. The Supreme Court directed for establishment of STATE COMPLAINT AUTHORITY AND DISTRICT STATE COMPLAINT. So that if the complaint is rejected by the police station they can directly file a complaint against the police officer to the respective authority.

How can I file a complaint against illegal harassment by police?

Firstly, collect all details regarding the date, name, time, etc. of the incident.

Secondly, if there are any details regarding police officers, collect them.

Thirdly, if there is any witness, they collect all details related to the witness.

Fourthly, collect evidence related to incidents like photographs, videos, etc.

Fifth, file the complaint with the help of an advocate to the authorities.

Sixth, after filing a complaint you must follow up with agencies.

Who can file a complaint against illegal harassment?

Victim can file a complaint against the police officer for the illegal harassment.
Any other person on behalf of the victim.
The National Human Rights Commission.
The State Human Right Commission, etc.

Role of Advocate in file a complaint against illegal harassment:

Advocate guide regarding which legal action can be taken.
Provide possible outcomes which can be available to save the client from illegal harassment.
Help in determining the steps for filing the complaint.
Draft the complaint with legal knowledge.
If police call for any investigation of the case, don’t visit without a lawyer.

What are the remedies available for illegal harassment?

Consult with lawyer
Compensation
Known about legal rights against the illegal harassment by police.
Take counselling from a lawyer.

How to prevent illegal harassment by police?

Citizens have to be aware about the rights which are available to them against the illegal harassment.
At the time of questioning you must be calm.
Remain silent till your lawyer is not present there.
Ask for a search warrant, if police come searching.
Don’t debate on law if you are not a lawyer.
Take legal advice as soon as possible.
Record the conversation between you and the police officer for further safety.

Cases related to illegal harassment by police:

DK BASU V. STATE OF WEST BENGAL (1997), in this case Supreme Court provides guidelines for prevention against the custodial torture and harassment.

PRAKASH SINGH V. UNION OF INDIA (2006), in this case the Court gives direction for establishing complaint grievances regarding illegal harassment by the police to the citizen.

Conclusion

To file a complaint against police officers for their acts first you have to safeguard your rights, you must file a complaint against them for illegal harassment. To prove your allegation, you must include all the documents related to illegal harassment such as dates, times, locations, and witness details. An internal investigation, disciplinary action, and even policy changes to stop similar incidents in the future may result from your complaint. You may contribute to the development of a society that is more just and equal by speaking out against police misbehaviour. To overcome harassment there is a need to consult the advocate and take help through the process, legal aid for illegal harassment.

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