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

In a distressing incident in the city of Anandpur, a young man named Mr. Sameer faced severe humiliation at a local police station. The situation began after his relationship with Ms. Rina ended. Following the breakup, a heated argument occurred over the phone, during which Mr. Sameer lost his temper and used abusive language. Ms. Rina recorded this conversation and promptly filed a complaint with the police.

Subsequently, Mr. Sameer was summoned to the police station. Instead of a formal inquiry, he was allegedly forced to hold a painful stress position, colloquially known as the ‘murga’ pose, for nearly three hours. After this ordeal, the police recorded his details in a station register and allowed him to leave. This incident raises critical questions about police conduct, the rights of an individual during an inquiry, and the legality of such ‘summary punishments’ delivered by law enforcement officers.

Advice in such cases

• Remain Calm: Do not engage in arguments or physical resistance with the police officers. Maintain your composure.
• Do Not Admit Guilt Under Pressure: You have the right to remain silent. Do not sign any blank papers or make any confession under duress.
• Document Everything: Mentally note the names and ranks of the officers involved, the time, date, and the sequence of events. If you sustain any injuries, seek immediate medical attention and get a medical report.
• 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

Several provisions of Indian law are relevant in such scenarios, primarily under the new criminal laws.

• For the initial complaint of verbal abuse: The acts of verbal abuse and threats could potentially fall under sections like Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 for criminal intimidation, or Section 352 of BNS for insult intended to provoke a breach of the peace.
• Against the police for misconduct: The actions of the police officers constitute a serious violation of law and human rights.
  • Section 146 of the BNS, 2023 (Wrongful Confinement): Forcing a person into a stress position against their will amounts to wrongful confinement.
  • Section 115 of the BNS, 2023 (Public servant causing hurt to extort information): Subjecting an individual to physical pain or discomfort can be prosecuted under this section.
  • Violation of Constitutional Rights: Such actions are a flagrant violation of Article 21 (Right to Life and Personal Liberty) of the Constitution of India, which includes the right to live with dignity. The Supreme Court’s guidelines in the landmark case of D.K. Basu v. State of West Bengal explicitly forbid custodial torture and humiliation.

If you are the complainant

If you are in Ms. Rina’s position and have been subjected to verbal abuse or threats:

• Preserve Evidence: Keep the call recording, messages, or any other form of evidence safe.
• File a Formal Complaint: Approach the police and submit a written complaint. If the police are hesitant, you can send the complaint to a senior officer like the Superintendent of Police via registered post.
• Follow-up: Stay in touch with the investigating officer to know the status of your complaint.
• 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

If you are in Mr. Sameer’s position and have been humiliated by the police:

• Complain to Senior Officers: File a formal written complaint against the delinquent officers with their superiors, such as the District Superintendent of Police (SP) or the Commissioner of Police.
• Approach Human Rights Commissions: You can file a complaint with the State Human Rights Commission (SHRC) or the National Human Rights Commission (NHRC) against the police brutality.
• File a Private Complaint: You can file a private complaint before the jurisdictional Magistrate under Section 220 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, who can then order an investigation into the matter.
• File a Writ Petition: For gross violation of fundamental rights, you can approach the High Court by filing a writ petition seeking action against the officers and compensation for the violation of your right to dignity.
• 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

Unfortunately, it is a common but illegal practice for some police officers to use intimidation and humiliation as tools for “quick justice” or to “teach a lesson,” especially in matters they perceive as minor or interpersonal disputes. They may do this to assert authority or to close a complaint without going through the formal process of investigation and prosecution. It is crucial to understand that such behaviour is not sanctioned by law and is a gross abuse of power. The police’s role is to investigate a crime impartially, not to deliver punishment.

FAQs people normally have

Can police punish someone based on a verbal complaint?

No. The police have no authority to punish anyone. The power to convict and sentence an accused lies solely with the judiciary after a fair trial. Any form of physical or mental harassment by the police during an inquiry is illegal.

What does it mean if my name is written in a police station register?

This is likely an entry in the General Diary or Station Diary, which records all events and information reported at the police station. It does not automatically mean a criminal case (FIR) has been registered against you, but it creates an official record of your visit and the complaint. You should be careful about signing any document without understanding its contents.

Is it better to just forget the incident to avoid further police trouble?

While this is a personal choice, remaining silent against such abuse of power can encourage such behaviour. Taking legal recourse not only helps in getting justice for yourself but also holds the system accountable and can prevent others from suffering a similar fate.

What evidence is required?

To take action against police misconduct, you would need:

• Your detailed written testimony of the incident.
• The date, time, and place of the incident.
• Names, ranks, or any other identifiable details of the police officers involved.
• A medico-legal certificate (MLC) if you suffered any physical injury or pain.
• Details of any witnesses who saw the incident.

How long will the investigation take?

The timeline for an investigation can vary. An internal departmental inquiry against the police officers should ideally be completed within a few weeks to months. If you file a criminal case in court, the process will follow the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and can be a lengthy process depending on the court’s workload and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India