Seek a remedy
If you or someone you know has been subjected to unlawful police action, there are lawful routes available. They are not always fast, and they are not always effective — but they exist, they are yours by right, and each step creates a record.
This page sets out general options. It is not legal advice, and Copwatch India does not act as your lawyer. For advice on a specific case, consult a lawyer or your District Legal Services Authority, which provides legal aid free of cost.
Two things before you begin. Keep everything in writing, and keep a copy of every document you send, with the date and a receipt or acknowledgement. You can pursue more than one route at once — a complaint to a senior officer does not prevent you from approaching a Human Rights Commission or a court.
Each step, in order, with what to ask for
You do not have to exhaust one step before trying the next. Where the matter is serious or urgent, go higher sooner.
The police station
Ask that an FIR be registered. Where the complaint discloses a cognisable offence, the police are obliged to register it. Ask for a free copy of the FIR — you are entitled to one.
A senior police officer
Send a written complaint to the Superintendent of Police, or the Deputy Commissioner or Commissioner in a metropolitan area. Send it by registered post or email so you have proof of delivery, and keep the acknowledgement.
The magistrate
Where the police will not act, a complaint may be made to the jurisdictional magistrate, who can direct an investigation or take cognisance of the complaint directly. A lawyer can help you frame this.
The State Human Rights Commission
Most states have a Commission empowered to inquire into complaints of human rights violations by public servants, including the police. Complaints can generally be made in writing, without a lawyer, and without a fee.
The National Human Rights Commission
The NHRC may be approached directly, and has particular jurisdiction over custodial deaths and custodial rape, which must be reported to it. Complaints may be made in writing or online, without fee.
The Legal Services Authority
Free legal aid is available through the National, State, and District Legal Services Authorities to those who qualify — which includes, among others, women, children, members of Scheduled Castes and Scheduled Tribes, victims of trafficking, persons in custody, and those below the prescribed income threshold.
The High Court
A writ petition may be filed in the High Court — for example, a petition for habeas corpus where a person is unlawfully detained, or a petition seeking an independent investigation or compensation. The High Court has wide powers.
The Supreme Court
Where a fundamental right has been violated, the Supreme Court may be approached directly under Article 32. This is generally a step taken with legal representation and where the matter raises questions beyond the individual case.
What to keep, and what to expect
Keep these documents together
- Any FIR, arrest memo, or remand order, and the date each was given to you
- Medical records and injury reports, including the date of examination
- Copies of every complaint you have sent, with postal receipts or email records
- Acknowledgements or replies received, and the date received
- Photographs of injuries, with the date taken
- Names and contact details of witnesses
- A contemporaneous written note of what happened, made as soon as possible
Expect delay, and record it
Complaints frequently go unanswered. This is discouraging, but a documented pattern of non-response is itself evidence, and it is often what a court or a Commission finds most persuasive. Send follow-up letters. Keep the receipts. Note the silence.
Consider your safety
Pursuing a complaint against the police can carry risk, particularly for people from marginalised communities and in smaller towns. Visibility can sometimes help, but publicity also carries its own risk of retaliation or exposure — weigh this with a lawyer or a local human rights organisation before deciding how public to make a case.
The National Legal Services Authority and its State and District bodies provide free legal aid and operate legal aid clinics. A person in custody is entitled to free legal representation regardless of means. If a lawyer has not been provided, ask the magistrate for one.
Reporting an incident to Copwatch India does not notify authorities, begin a legal case, provide emergency assistance, or guarantee publication. If it is safe for you to do so, you may also submit an incident for staff review, or submit a public source if the matter is already public.