If you file a complaint with the police in India and no action is taken, you can take several steps to seek redress:
Follow Up with the Police Station :
Visit the police station where you filed the complaint and ask for an update. Speaking directly to the officer in charge can sometimes expedite the process.
File a Written Complaint :
Submit a written complaint to the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of your district. This can be done through a physical letter or an email. Ensure you include details of your original complaint, the lack of action, and any relevant documentation.
Approach Higher Authorities :
If there is still no action, you can approach higher authorities such as the Inspector General (IG) or the Director General of Police (DGP) of your state. These complaints can also be submitted online through various state police websites which often have a public grievances section.
Send a Complaint to the Judicial Magistrate :
Under Section 156(3) of the Code of Criminal Procedure (CrPC), you can approach the Judicial Magistrate with a private complaint. The Magistrate has the power to direct the police to investigate the matter.
But now this Act has been amended and implemented as Bharatiya Nyaya Sanhita (BNS) Act, I have explained about that Act below.
Bharatiya Nyaya Sanhita (BNS) Act How to Send a Complaint to the Judicial Magistrate :
Here’s some information about filing a complaint with a Judicial Magistrate under the Bharatiya Nyaya Sanhita (BNS) Act :
- Private complaints : Any person can file a private complaint under sub-clause (2) of Section 223 of the BNS Act.
- Police failure to register an FIR : If a police officer fails to register an FIR, the aggrieved person can inform the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) under Section 173(4) of the BNS Act. The SP or DCP can then investigate the case or direct another officer to do so.
- FIR registration : A police officer must register an FIR using the Integrated Investigation Form (IIF-I). The officer must also record a statement from the first informant and have the FIR signed by the Investigation Officer.
- FIR submission : The FIR must be sent to the Chief Metropolitan or Judicial Magistrate’s court within 24 hours of being registered.
National and State Human Rights Commissions :
You can file a complaint with the National Human Rights Commission (NHRC) or the State Human Rights Commission if you believe your rights have been violated due to police inaction.
State and National Women’s Commissions :
If the complaint involves issues related to women’s rights or gender-based violence, you can approach the State Women’s Commission or the National Commission for Women (NCW).
Public Grievance Portals :
Use public grievance portals such as the Centralized Public Grievance Redress and Monitoring System (CPGRAMS) which allows you to lodge complaints against government departments.
Media and Social Platforms :
Sometimes, bringing attention to your complaint through media or social platforms can lead to quicker action. Public pressure often compels authorities to act.
Legal Recourse :
Consult a lawyer to explore the possibility of filing a writ petition in the High Court under Article 226 of the Constitution of India, seeking a direction for the police to take action on your complaint.
Each of these steps can help in ensuring that your complaint is taken seriously and appropriate action is taken by the authorities.