Police Complaints

A police complaint is a formal written or verbal communication made by a person (the complainant) to the police, alleging that a crime or illegal activity has occurred or is occurring, and requesting that the police take action. Police complaints serve as the starting point for police investigations and the legal process. The complaint informs the police about the details of the crime, incident, or dispute, allowing them to assess whether there is a need for investigation and whether any legal action should be taken.

Types of Police Complaints:

1. FIR (First Information Report):

1. An FIR is a formal written complaint registered with the police when a cognizable offense (an offense for which the police have the authority to arrest without a warrant) is committed.
2. It initiates the police investigation process.
3. The FIR must be filed at the police station where the crime occurred or is perceived to have occurred.
4. Examples of cognizable offenses include theft, assault, murder, rape, etc.
5. Section 154 of the Indian Penal Code (IPC) governs the filing of an FIR.
6. Non-Cognizable Complaint:

2. A non-cognizable complaint involves complaints related to offenses that are considered less severe and for which the police cannot arrest without a warrant.
3. The police do not initiate an investigation immediately after a non-cognizable complaint, but they can record the complaint and provide directions to the complainant to approach a magistrate.
4. Examples of non-cognizable offenses include defamation, simple assault, or verbal abuse.
5. Section 155 of the IPC governs non-cognizable offenses.
6. General Police Complaint:

3. A general police complaint refers to situations where individuals approach the police to report crimes, incidents, or grievances that may or may not be classified as cognizable or non-cognizable.
4. The police may take action by investigating, filing an FIR, or simply recording the complaint for reference.
5. Sometimes, these complaints relate to issues like harassment, theft, or complaints against individuals or organizations for illegal actions.
6. Complaint for Criminal Acts (e.g., Fraud, Theft):

4. Complaints can be lodged for specific criminal acts, where individuals report incidents like fraud, theft, assault, or any form of crime to the police.
5. Based on the nature of the crime, the police can take action by investigating or filing an FIR.
6. Complaint for Public Grievances or Police Misconduct:

5. These complaints involve reports about police misconduct, corruption, negligence, or abuse of power.
6. Such complaints are directed towards higher authorities, like senior police officers or the Police Complaints Authority, to ensure accountability and proper action against the officers involved.

·  Filing of Police Complaints (FIR) under BNS:

• The First Information Report (FIR) is the foundation of the criminal justice system, and under the Bhartiya Nyaya Sanhita, the provisions for filing an FIR would be similar to those in the Indian Penal Code.
• It will allow individuals to lodge a complaint with the police regarding cognizable offenses (where police can arrest without a warrant).
• Non-cognizable offenses (less serious offenses) may be handled differently, and the police may not immediately investigate them but could advise the complainant to approach a magistrate.

·  Non-Cognizable Offenses:

• For non-cognizable complaints, police may not initiate an investigation directly. The Bhartiya Nyaya Sanhita is expected to clarify how complaints in such cases will be handled, possibly directing the complainant to approach the magistrate for a decision on whether an investigation should be initiated.

·  Rights of the Complainant:

• The Bhartiya Nyaya Sanhita aims to improve the rights of the complainant by setting clear rules for police conduct, investigation timelines, and transparency in the process.
• It is expected to include provisions for victim compensation, better protection for witnesses, and guidelines for ensuring justice without delays.

·  Handling of Complaints Against Police:

• The Bhartiya Nyaya Sanhita is likely to include provisions on how complaints against police officers (such as misconduct or abuse of power) should be handled. There may be a mechanism to file complaints against police officers with higher authorities, and they may be investigated by an independent body or the Police Complaints Authority.

·  Amendments in the Current System:

• The Bhartiya Nyaya Sanhita is aimed at addressing many flaws in the existing system, such as long delays in investigations, police negligence, and the need for quicker justice. The draft of the new code suggests that police complaints should be handled in a more efficient manner, with emphasis on speedy justice, especially for serious offenses.