If you are stuck in such a situation, here is what to do.

Recent viral videos on social media have brought to light numerous incidents where police personnel are seen acting unprofessionally, using excessive force, or engaging in corrupt practices. A common question that arises is what legal recourse a citizen has in such situations and what consequences these officers face.

Let’s consider a scenario. Mr. Sameer Verma, a marketing executive at “Apex Global Logistics,” was driving home late one evening in the city of Chandpur. He was stopped at a checkpoint by two constables, Officer Rakesh Tomar and Officer Sunil Jadhav. Without giving a valid reason, they began questioning him aggressively and hinted that a small payment could save him a lot of trouble. When Sameer refused and started recording the conversation on his phone, Officer Tomar tried to snatch it, leading to a heated argument where abusive language was used by the officers. This situation, unfortunately, is not uncommon.

Advice in such cases

If you find yourself in a confrontation with the police, your response can significantly impact the outcome.

• Stay Calm and Respectful: Avoid getting into a loud argument. A calm demeanor prevents the situation from escalating. Do not use provocative language or gestures.
• Know Your Rights: You have the right to know why you have been stopped. You are not obligated to answer incriminating questions. You also have the right to not be physically assaulted or verbally abused.
• Document Everything: If it is safe to do so, record the incident on your phone. Note down the officers’ names, buckle numbers, and the registration number of their vehicle.
• Avoid Bribes: Paying a bribe is an offense and encourages such corrupt behavior. Politely refuse any demands for money.
• Do Not Hand Over Originals: Never hand over your original documents like your driver’s license or vehicle registration. Show them the documents or provide photocopies if requested.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Under the new Indian laws, several provisions can be invoked against errant police officers:

• Section 167 of Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with public servants taking gratification other than legal remuneration (bribery).
• Section 196 of BNS: Addresses a public servant who disobeys a direction of the law with the intent to cause injury to any person.
• Section 340 & 341 of BNS: Pertain to wrongful restraint and wrongful confinement, respectively. If an officer detains you without legal justification, these sections apply.
• Section 323 of BNS: If a police officer causes physical hurt, they can be charged under this section.
• Section 352 of BNS: Deals with extortion. If an officer puts you in fear of injury to compel you to deliver any property or valuable security, it amounts to extortion.
• Section 294 of BNS: Can be applied if the officer uses obscene language or performs obscene acts in a public place.

If you are the complainant

If you decide to file a complaint against the police officer, here are the steps to follow:

• Draft a Written Complaint: Clearly state all the facts of the incident in chronological order. Mention the date, time, location, the officers’ details (if known), and what transpired.
• Submit to Senior Officials: Submit the complaint to a senior police officer, such as the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of the concerned district. You can also approach the Commissioner of Police.
• Approach Higher Authorities: If no action is taken, you can send the complaint to the State Police Complaints Authority or the National Human Rights Commission (NHRC).
• File a Private Complaint: You have the right to file a private complaint directly before the Judicial Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The court can then order an investigation.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the person subjected to the harassment, your immediate actions are crucial.

• Prioritize Safety: Your first priority is to get out of the situation safely. Do not physically resist, as this could lead to charges of obstructing a public servant.
• Seek Medical Help: If you have been physically assaulted, go to a hospital immediately and ensure the injuries are documented in a Medico-Legal Certificate (MLC).
• Gather Witness Information: If there were people who witnessed the incident, request their names and contact numbers. Their testimony can be invaluable.
• Preserve Evidence: Do not delete any video or audio recordings. Keep all documents, including any medical reports, safe.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

When a complaint is filed against an officer, the department’s reaction can vary. Initially, there might be an attempt to downplay the incident or intimidate the complainant. Senior officers might try to protect their colleagues. It is not uncommon for them to initiate a departmental inquiry, which may or may not be impartial. In some cases, they might even file a counter-FIR against the complainant to pressure them into withdrawing the complaint. However, with persistent legal action, media attention, and strong evidence, the department is often compelled to take action, such as suspending the officer and initiating criminal proceedings.

FAQs people normally have

Here are some frequently asked questions regarding such incidents.

• Can I legally record a police officer on duty?
  Yes. A police officer is a public servant performing a public duty in a public place. You are generally within your rights to record them, as long as you are not obstructing their work.
• What action is taken against guilty officers?
  The consequences depend on the severity of the offense. For minor misconduct, a departmental inquiry might lead to a warning, suspension, or demotion. For serious criminal offenses like bribery or assault, a formal FIR is registered, and if convicted by a court, the officer can face imprisonment and dismissal from service.
• Is it risky to complain against the police?
  While there can be challenges and potential for pushback, not complaining allows the cycle of abuse to continue. A well-documented complaint, pursued with sound legal advice, is the most effective way to seek justice and hold officers accountable.

What evidence is required?

Strong evidence is the backbone of any complaint against police misconduct.

• Digital Evidence: Video and audio recordings are the most powerful forms of evidence.
• Eyewitness Testimony: Statements from independent witnesses who saw the event unfold.
• Medical Records: A Medico-Legal Certificate (MLC) from a government hospital is crucial if you were physically harmed.
• Written Account: A detailed, factual, and chronological narration of the incident.

How long will the investigation take?

The timeline for resolution can vary significantly. A departmental inquiry might conclude within a few weeks or months. However, a criminal case that goes to trial is a much longer process. Investigations can take several months, and the subsequent court proceedings can last for several years, depending on the case’s complexity and the judicial system’s workload.

Advocate Sudhir Rao, Supreme Court of India