What To Do If A Police Officer Is Harassing You? 91-8877001993

Written by:

Adv Arjun Sharma

Updated: 06-03-2024

Harassment by Police Officer: About

Various types of harassment by police officer include the following:

Physical Abuse: Uncontrolled and rough assault.
Verbal Abuse: Threats, harassment, or contemptuous remarks.
Unlawful Detention: Holding without legal justification.
Extortion: Money demands, solicitation, or favours in kind.
Discrimination: Discriminates on caste, religion, sex, or socio-economic status.

How do you take action against police?

Understand Your Rights:

Article 14: Any individual citizen in the country has the Right to Equality before law.
Article 21: Right against arbitrary actions-even when done by the state.
Article 39A: It grants a right for legal aid-free legal aid to those who cannot defend themselves due to poverty.

Document the Harassment:

The officer's name and badge number should be written down, and the exact wording he uses in acts that are considered harassing should be recorded.
All evidence will consist of witness statements, photographs, audio recordings, and video footage.

File a Complaint with the Police Department:

To the senior officer of the area jurisdiction where the harassment took place.
Write a letter of complaint for harassment and attach all evidence you have collected with it.

Visit the Human Rights Commission:

If the case of harassment goes into denying of basic rights as well, move to the National Human Rights Commission or to the concerned State Human Rights Commission.

Seek Help from Legal Professionals:

Appoint an advocate to help draft complaints or petitions and produce in courts for legal representation against the police.

Lodge FIR or Private Complaint:

If it is a cognizable offense, you can ask for registration of an FIR.
Submit a letter to complain about the harassment and add any evidence collected with you to it.

Visit the Human Rights Commission:

If the harassment is also linked to ignoring your fundamental rights, file a complaint before the National Human Rights Commission (NHRC) or the relevant State Human Rights Commission.

Seek Help from Legal Professionals:

Engage an advocate to assist in drafting complaints or petitions and represent you in legal proceedings for complaint against police.

File an FIR or Private Complaint:

If the harassment is cognizable, demand an FIR to be registered.
If a police officer refuses to file your FIR, then take it to a magistrate through a private complaint under Section 175 of the Bhartiya Nagarik Suraksha Sanhita (BNSS).

Can I file a defamation case against the police?

Under certain circumstances, you can file a defamation case against a police officer. According to Section 356 (1) of the Bhartiya Nyaya Sanhita (BNS), the defamation would include making a false statement that injures the reputation of the person. This is how to proceed:

When to File Defamation Case against Police:

If a police officer damages your reputation by spreading untrue information about you.
In a situation where baseless charges or allegations are made against you publicly,

There are certain steps to file the case:

First, gather evidence of defamatory incidents such as public statements, written statements or social media posts.
Then file an FIR against a specific court under Section 356 (2) of the BNS which prescribes punishment for defamation.

What is the punishment for police harassment?

Police harassment can be a great offense, and Indian legal system consists of provisions to punish erring officers according to the nature of misconduct. These are as follows:

Criminal Charges:

Some offenses which can include a case of police harassment include wrongful confinement (Section 127, BNS), assault (Section 130, BNS), and extortion (Section 308, BNS).
The severity of the punishment is fine or jail depending upon how serious the offense.

Departmental Action:

Officer may have been subjected to disciplinary action under police department.
The punishments can be suspension, demotion, or dismissal from service.

Contempt of Court:

If such harassment is constituted by disobedience to any order from a court, such an officer may be charged with contempt under the Contempt of Courts Act, 1971.

Compensation to the Victim:

In some occasions, the courts may direct the state or the officer to award compensation to the victim on account of harassment or transgression of rights.

Policing harassment tends to be an abuse of authority that not only destroys the underlying principles of justice but also the rule of law. If you or someone you know has experienced such behaviour, you should act quickly and firmly, all within the auspices of the law. Make the police accountable for their actions, and ensure that justice is served by knowing your rights and using legal remedies at your disposal.

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