Q&A

What are the remedies available when police refuse to register FIR?

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What are the remedies available when police refuse to register FIR?

Remedies When Police Refused to Register F.I.R. –

  • Superintendent of Police or Senior Officer. Write an application to the Superintendent of Police concerned, by post under clause 3 of Section 154 and Section 36 of the Cr.
  • Magistrate.
  • Human Rights Commission.
  • Writ petition.

What to do if local police is not taking action?

If a police officer does not accept/act on your complaint, then you can approach the Superintendent of Police or a superior officer. If the Superintendent feels that there is merit in your case, then he/she can appoint a police personnel to start an investigation.

Does the police has the discretion to refuse to register the FIR?

The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.

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How do I take legal action against a police officer?

Any victim of police abuse : Can register a First Information Report(FIR) against the errant officer at any police station; If his complaint is not accepted (which is most often ) he can send complaint to the District Superintendent of police who will then look into the matter and order the registration of the FIR .

How do I prove police harassment?

How to File a Complaint with the Police Complaint Authority

  1. A Complaint can be filed in PCA, on your own and in an authority existed in your nearby area/district.
  2. The complaint can be filed by any other person who has witnessed any misconduct committed by the police.

What is bailable Offence?

Bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other Law for the time being in force. Bailable offences are grave and serious offences, For example- offence of murder. Under bailable offences, bail is claimed as a matter of right.

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What is considered police harassment?

Police harassment occurs when an officer arbitrarily or continually stops someone. Officers may engage in aggressive questioning of an innocent person or conduct an illegal or unwarranted search and seizure, called a “stop and frisk,” without any legal basis.

How do you make a complaint against the police?

If you wish to make a complaint about the MPS Commissioner, please contact MOPAC on [email protected]….How do I make a complaint about the Metropolitan Police Service?

  1. Using the online complaints form.
  2. Writing to the MPS: Complaints Support Team.
  3. calling 101.
  4. or visiting your local police station.