What is the action against Erring Police Officials when FIR not registered
Do an errant Police official who misuses his authority or intentionally omits is exercise it go scot free ?, What deters the erring Police officials who disobey the law and fail to register F.I.R.? What are the legal recourse available ?
The law makers being conscious of the situation have made the disobedience of law by public servants is a punishable offence. When a public servant, knowingly disobey a direction of the law thereby causing injury to any person due to such disobedience thereby commits an offence punishable with simple imprisonment for a term which may extend to one year, or with fine, or with both.
In respect of offences against women, Sec. 166A of IPC, stipulates that if a public servant fails to record any information given to him under Sec. 154(1) CrPC in relation to cognizable offences punishable under sections 326-A, 326-B, 354, 354-B, 370, 370-A, 376, 376-A, 376-B, 376-C, 376-D, 376-E or S.509, he shall be punished with rigorous imprisonment for a term which shall not be less than six months but may extend to two years and shall also be liable to fine.
The intent of the legislature in putting forth this amendment was to tighten the already existing provisions and to provide enhanced safeguards to the women under distress. The legislature, after noticing the increasing crime against women, thought it appropriate to expressly punish the police officers for their failure to register F.I.R. in these cases.
There are several methods to be noted:
Human Rights Commission
The National Human Rights Commission (NHRC) and State Commissions were established for prevention of violations of human rights. On violation of human rights an individual can approach or on its own initiative it can investigate and at any stage of the inquiry. It can recommend for monetary compensation to the victims as interim relief. It may also recommend measures to safeguard the rights confirmed by our Constitution or any law for the time being in force.
It is recommended that the National Commission be empowered to issue binding recommendations to the Governments of the state and the police officials as sometimes award of compensation is not adequate and this in a way prevent the officers who commit crime from being prosecuted in a proper way.
PCA (Police Complaint Authority)
In 2006, The Supreme Court of India in the case of Prakash Singh & Ors gave a landmark judgement directing all state government and Union government to reform the way police forces functions all over the country. PCA is also a part of the directive to set up a Police Complaint Authority in all the states.
The court directed the setting up of the both state level and district level police complaints authorise so that they would be easily accessible for all. This was ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA an complaints against officer of and below the rank of Deputy Superintendent of Police could be made to the district level PCA. This was also to ensure that people living all over a state would have easier access to a complaints body without having to travel to the state capital.
The Police Complaints Authority shall inquire into the complaints of serious misconduct against police personnel either `suo motu` or on a complaint received from a victim or any person on his or her behalf. Even complaints by National Human Rights Commission would be taken up by the Public Grievances Commission (PGC)
This is a redressal mechanism that exists; only that few people know about it. Worse, only 18 states have established PCAs through legislation or government orders: Assam, Arunachal Pradesh, Jharkhand, Meghalaya, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Maharashtra, Rajasthan, Sikkim, Tripura, Orissa, Punjab and Uttarakhand.
According to the Commonwealth Human Rights Initiative (CHRI), none of the state governments that have set up PCAs have complied with the court’s directive in its entirety. So, most PCAs suffer from a number of deficiencies including reduced powers, limited mandates and inadequate funding. Nevertheless, where they do exist, these PCAs provide an additional recourse for persons affected by police misconduct. Their structure and composition to some extent makes them independent, though not totally so. Moreover, unlike other commissions, they exist solely to look at complaints against the police and have no other mandate.
You can complain any misconduct by any police officer to the PCA. Any Serious misconduct is any act or omission by a police officer that leads to or amounts to:
Death in Police Custody
Grievous hurt while in custody
Rape in Police custody.
In case a district PCA existed in your area, you can complain to them like listed below:
Extortion by a police officer
Land/House grabbing by a police officer; and
Any incident involving serious abuse of authority by a police officer.
Lokayukta
The matters and actions of the Public Servants which can form the subject matter of the complaint to the Institution of Lokayukta of Andhra Pradesh are:
- Any administrative action taken by a public servant by way of decision, recommendation or finding or in any other manner, and includes any omission and commission and failure to act in connection with or arising out of such action;
- Any administrative action involving abuse of position for personal gain or to cause undue harm or hardship to any other person;
- Any administrative action motivated by improper or corrupt motive causing loss to the State exchequer or to any person;
- All acts involving outright corruption or lack of integrity in the capacity as such public servant.
Any aggrieved person can make the complaint, accompanied by Form I and his own Affidavit in Form II. Every complaint shall be accompanied by a Money Order or Banker’s Cheque/Demand Draft for Rs.150/- towards prescribed complaint fee drawn in favour of the Registrar of Institution of Lokayukta of Andhra Pradesh, in any bank having branch at Hyderabad. A complaint may also be filed in person and pay the complaint fee of Rs.150/- in cash.
A wide range of Public Servants, defined in Section 2(k) of the A.P. Lokayukta Act, 1983, will come under purview of the Institution, viz., Ministers, Members of either House of the State Legislature, including the Chief Whip, any person appointed to a Public Service or post in connection with the affairs of the State of Andhra Pradesh, Chair Person and Vice Chairperson of Zilla Parishad, President of Mandal Parishad, Mayor of Municipal Corporation, Chairperson of Municipal Council, Chairmen or Presidents and Directors of the Governing Body to which the Management is entrusted in respect of any local authority in the State or any Society registered under the A.P. Registration Act or any Co-operative Society whose area of operation extends to the whole of the State or is confined to a part of the State extending to an area not less than a District, the Vice Chancellor and the Registrar of a University, etc., and officer in the service or pay of a Local Authority, University, Statutory Body or Corporation, Society or other Institutions.
Note: Any complaint involving an allegation made after expiry of 6 years, shall not be investigated by the Lokayukta.
Private Complaint:
High Court:
