Effectiveness Of Complaint Mechanisms Against Police

08 Nov 2025 --
0 Comments

Police are entrusted with maintaining law and order, but complaints against police misconduct—such as excessive force, custodial violence, abuse of power, corruption, or dereliction of duty—require robust mechanisms for accountability.

Complaint Mechanisms in India

Internal Police Complaint Mechanisms

Police have internal disciplinary branches (like AIG-level complaint cells or Police Complaint Authorities) to receive complaints.

Limited transparency; often criticized for bias.

State Police Complaint Authorities / Police Oversight Bodies

Many states have Police Complaints Authorities under Police Act reforms.

Mandated to inquire into complaints about misuse of power or failure to act.

Judicial Mechanisms

Courts (Supreme Court / High Courts) can monitor police accountability through Public Interest Litigations (PILs) or suo motu actions.

National Human Rights Commission (NHRC)

Registered under the Protection of Human Rights Act, 1993.

Can receive complaints of custodial torture, custodial deaths, and misconduct.

Other Regulatory Bodies

Central Vigilance Commission (CVC) for corruption-related complaints

Lokayukta / Anti-Corruption Bureaus

Effectiveness Concerns

Low conviction or disciplinary action against police officers.

Delayed investigations, often spanning years.

Lack of transparency in proceedings.

Fear of retaliation for complainants.

Courts have repeatedly emphasized the need for accountability and proper procedures.

⭐ Case Laws: Detailed Explanation

1️⃣ Prakash Singh v. Union of India (2006)

Court: Supreme Court of India
Key Issue: Police reforms and accountability

Facts

Public Interest Litigation filed highlighting police inefficiency, political interference, and lack of accountability.

Judgment

SC issued 7 landmark directives to improve police accountability:

Fixed tenure for posting officers.

Separation of investigation and law & order duties.

State Security Commissions to oversee police.

Police Establishment Board to manage transfers and promotions.

Recommended Police Complaints Authorities for handling public complaints.

Effectiveness

Established the framework for complaint mechanisms, but implementation varies by state.

Judicial oversight became a key tool in ensuring complaints are taken seriously.

2️⃣ D.K. Basu v. State of West Bengal (1997)

Court: Supreme Court of India
Key Issue: Custodial violence and preventive measures

Facts

Multiple cases of deaths in police custody due to torture.

Petition filed to prevent custodial atrocities.

Judgment

SC issued binding guidelines for police:

Police must prepare arrest memos.

Complainant must be informed.

Medical examination within 24 hours.

Entry in police diary, presence of witnesses.

NHRC and courts should monitor compliance.

Effectiveness

Strengthened complaint mechanisms related to custodial torture.

Provided victims legal recourse and documentation for complaints.

3️⃣ Nilabati Behera v. State of Orissa (1993)

Court: Supreme Court of India
Key Issue: Custodial death and state liability

Facts

Minor girl died in police custody due to torture.

Judgment

SC awarded compensation to the victim’s family.

Held state liable for police misconduct.

Emphasized complaints against police should trigger investigation and not be ignored.

Effectiveness

Reinforced compensatory justice as part of accountability.

Demonstrated judicial willingness to act against police misconduct.

4️⃣ Arnesh Kumar v. State of Bihar (2014)

Court: Supreme Court of India
Key Issue: Arbitrary arrest and procedural safeguards

Facts

Arrests under Section 498A (dowry harassment) without proper verification.

Police were accused of violating due process.

Judgment

SC laid down strict guidelines for arrests:

Police must verify allegations before arrest.

Arrests should be authorized by a senior officer.

Courts should monitor complaints of illegal arrest or harassment by police.

Effectiveness

Reduced arbitrary arrests as complaints now required documentation.

Complaints against police failure to follow procedure became enforceable.

5️⃣ Peoples Union for Civil Liberties v. Union of India (1997)

Court: Supreme Court of India
Key Issue: Accountability for custodial deaths and torture

Facts

PUCL filed PIL on custodial deaths across India.

Judgment

SC instructed all states to set up statutory mechanisms to inquire into custodial deaths.

Recommended independent investigations, not internal police probes.

Strengthened role of NHRC and state human rights commissions in complaints against police.

Effectiveness

Enabled independent oversight of complaints.

Judicial scrutiny made internal police investigations more transparent.

6️⃣ Lalita Kumari v. Government of UP (2013)

Court: Supreme Court of India
Key Issue: Police inaction on complaint registration

Facts

Complaints regarding serious offenses were ignored by police.

Judgment

SC mandated that police must register FIRs immediately for cognizable offenses.

Failure to register an FIR amounts to dereliction of duty, actionable as complaint.

Effectiveness

Strengthened public confidence in complaint mechanisms.

Reduced police discretion in refusing complaints.

⭐ Key Takeaways on Effectiveness

Aspect	Judicial Observations / Guidelines
Registration of complaints	Mandatory FIR / complaint registration (Lalita Kumari, D.K. Basu)
Internal accountability	Police Establishment Board (Prakash Singh)
Independent investigation	NHRC / State Human Rights Commissions (PUCL, Nilabati Behera)
Preventive guidelines	Custody procedures, arrest verification (D.K. Basu, Arnesh Kumar)
Compensation / deterrence	Custodial death awards (Nilabati Behera)