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How do I handle Police harassment in India?

  • Never indulge in a fight with a police officer, despite being the fact that you know that the police officer is wrong, Just be Calm, Polite and Humble all the time.
  • Whenever there is a situation where a victim is needed to go to a Police Station to Complain Against a Police Officer, always take a lawyer with you.
  • If there is a need to file a complaint against a Police Officer, over his misconduct, the victim should file it in the commissioner’s office in the city.
  • Whenever, A police officer does not file FIR , the victim may send the substance of the information, in writing and by post to the Superintendent of Police concerned, who after getting satisfied that such information discloses the commission of a cognizable offences like Murder, Theft, Robbery, shall either investigate the case himself or he can direct an investigation to be made by any police officer subordinate to him.
  • If the complaint filed to the Superintendent of Police still does not result in your favour, the victim can make a visit to the nearest Magistrate and can get his complaint registered. After which, the magistrate will order to the police to register the FIR.
  • If a person being the victim of the misconduct because of the omission of a duty of a police personnel, which can be any violation of duty or wilful breach or neglect of any rule or regulation, shall be liable to be punished under section 29 of Indian Police Act,1861 with,
  1. A penalty up to 3 months’ pay; or
  2. Imprisonment up to 3 months; or
  3. Both penalty and imprisonment.
  • If a Police Personnel summons you to be present at the police station, always go but with a lawyer.
  • A Victim can even make complaints to the Jurisdictional DCP, whenever, a police personnel was impolite to you.
  • Never make an argument over a law to a police personnel unless you are a lawyer.

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