Act fast

Police misbehaved or beat me. Where do I complain?

Simple answer

Get medical treatment and a medical record first. Then complain in writing to the SP or Police Commissioner, a Magistrate, or the State or National Human Rights Commission. Some states also have a Police Complaints Authority. Beating someone to force a confession is a crime.

Real-life examples

Arjun was slapped and kicked at a police station in Patna to make him confess to a theft. He got an injury report from the government hospital and complained to the SP and the State Human Rights Commission.

Lakshmi's son died in police custody. The law requires a Magistrate to inquire into the death, in addition to the police investigation, and the body to be sent for a post-mortem within 24 hours.

Rakesh waited two years before complaining to the Human Rights Commission about a police beating. The Commission generally can't take up matters after one year, so his lawyer filed a complaint before the Magistrate instead.

What should you do?

1Get treated at a government hospital and ask for a medico-legal (MLC) report. Photograph your injuries.
2Write down the date, time, place, officers' names or badge numbers, and any witnesses.
3Send a written complaint to the SP or Police Commissioner, and keep proof that you sent it.
4Complain to the State Human Rights Commission or the NHRC within one year. The NHRC accepts complaints online.
5Ask a lawyer about a complaint before the Magistrate, and about requesting that the police station's CCTV footage be preserved.
6If someone is in illegal custody or in danger right now, call 112 and contact a lawyer immediately.

Exceptions & limits

Human Rights Commissions generally can't inquire into incidents more than one year old, but courts remain open.
For acts done on official duty, the Magistrate must get the officer's version and a senior officer's report before acting on a complaint.
Not every misbehaviour is a crime. Rudeness or delay is usually handled as a departmental complaint.

Official legal reference

Bharatiya Nyaya Sanhita, 2023 — Section 120
Causing hurt to extort a confession or information: up to 7 years; causing grievous hurt for this: up to 10 years. Both also carry a fine.
Earlier: IPC Sections 330, 331Read the official text
Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 175(4), 223(2)
Before acting on a complaint against a public servant for official duties, the Magistrate must get a superior officer's report and the officer's version.
Read the official text
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 196(2)
A Magistrate must hold an inquiry when a person dies or disappears, or a woman is allegedly raped, in police custody.
Earlier: CrPC Section 176(1A)Read the official text
Protection of Human Rights Act, 1993 — Sections 12, 36(2)
Human Rights Commissions can inquire into complaints of human rights violations, but not into matters more than one year old.
Prakash Singh v. Union of India (2006)
Supreme Court: states must set up Police Complaints Authorities to look into serious police misconduct, such as custodial violence.

Where to get help

National Human Rights Commission

Complaints about human rights violations, including custodial abuse.

nhrc.nic.in

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100 nalsa.gov.in

Emergency (ERSS)

Police, fire or ambulance in an emergency, anywhere in India.

Call 112

Source & status

Applies to: Varies by state; Police Complaints Authorities have been set up only in some states, with different powers. State Human Rights Commissions and the way to complain to senior police officers also differ by state.
Law in force since: 1 Jul 2024
Legal review: Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.