Authorities is a vital and prominent part of the justice administration system which is accountable for the protection of people and property in addition to investigation of their crimes and helping place the perpetrators behind bars.
In our day to day life, if we are observant enough we see the police committing certain legit actions but on the other hand there are a couple of actions of the authorities that raise eyebrows and we’re left wondering if they’re acting within the ambit of law or not, however most of the times we never care to learn.
The legal activities that a police officer is designated with, is contained under the Code of Criminal Procedure, 1973 and where the officer goes past his/her power, read on to discover how you can fight this harassment.
The remedies available to a victim of harassment by the authorities are as follows –
An FIR could be filed by you against the officer in question at any Police Station;
Mostly the Police attempt to protect their own and refuse to register a complaint/FIR in that case you can send your written complaint to the District Superintendent of Police;
If the above 2 remedies fail, you can go to the Magistrate and receive your complaint registered who will then order the police to register the FIR;
PCA (Police Complaint Authority)
In 2006, the Supreme Court directed to establish a PCA at State as well District level that would investigate into the complaints against police officers either ‘suo-motu’ or on receipt of a complaint filed by the victim or by a friend or relative on the victim’s behalf or any person who witnessed the alleged occurrence.
This setting up of State and District PCA therefore are aimed at making the complaint mechanism easily accessible to all. A state PCA would entertain complaints against the officers of and above the article of the SP whereas District PCAs will entertain complaints against and below the post of the Deputy Superintendent of Police.
The complaint can be made in situations where as the consequence of an act or omission by a police officer there is a departure; or grievous hurt; or rape while in police custody, as well as extortion; prohibited land/House possession by a police officer; and any event where there’s a severe misuse of authority by a police officer.
In order to file a complaint you will need to get in touch with the PCA and ask them if they want the complain in any prescribed format, if not then you may file the complaint in any format mentioning your information such as your name, address, contact number, etc. as well as all of the material particulars of the incident in question like the date of this incident, comprehensive account, police officer in question, whether there was any damage to person or property, etc., the complaint can be sent by registered post and may also be submitted personally at the PCA office.
Additional details like photographs of injuries may also be attached with the criticism and always make sure that you keep a copy of the complaint together with yourself.