Violence by Police Department

Police violence refers to the alleged unlawful, excessive, or abusive use of force or authority by police personnel. It can affect a person’s life, liberty, dignity, equality, and physical security. Police-related complaints received by the National Human Rights Commission (NHRC) include unlawful detention, illegal arrest, custodial violence, false implication, failure to take action, and other alleged police excesses.

Types of Police Violence and Abuse

1. Custodial Violence – Physical or psychological abuse of a person while in police custody.

2. Illegal or Arbitrary Arrest – Arrest or detention allegedly carried out without proper legal authority or safeguards.

3. Excessive Use of Force – Use of force that is alleged to be disproportionate or unlawful in the circumstances.

4. Torture or Cruel Treatment – Physical or mental mistreatment of a person in police custody or during an investigation.

5. Sexual Violence or Abuse – Sexual assault or other unlawful sexual conduct involving police personnel.

6. False Implication – Allegations that a person has been deliberately implicated in a criminal case without lawful basis.

7. Threats and Intimidation – Using official authority to unlawfully threaten, intimidate, or coerce a person.

8. Failure to Register or Act on a Complaint – Failure by police to take appropriate action where they have a legal duty to do so.

9. Violence During Police Operations – Allegations of excessive force during arrests, crowd control, searches, raids, or other operations.

The NHRC specifically identifies police administration complaints such as unlawful detention, false implication, custodial violence, illegal arrest, and police excesses among the complaints it receives.

How to Tackle Police Violence

1. Ensure Immediate Safety

If there is an immediate threat to life or physical safety, seek emergency assistance and move to a safe location where possible.

2. Obtain Medical Treatment

If anyone has been injured, obtain medical treatment promptly and preserve medical records, prescriptions, examination reports, and photographs of injuries.

3. Preserve Evidence

Keep:

• Photographs and videos

• Medical reports

• Arrest or detention documents

• Names and identification details of officers, where available

• Witness contact details

• CCTV or other available evidence

• Police notices and correspondence

• Copies of complaints already submitted

Do not alter or fabricate evidence.

4. Make a Formal Complaint

If the allegation concerns criminal conduct, the appropriate police authority or other competent legal forum can be approached. If the complaint concerns police misconduct itself, it may also be appropriate to approach a senior police authority, State Human Rights Commission, NHRC, court, or other competent oversight body, depending on the circumstances.

5. Seek Legal Assistance

A qualified lawyer or eligible legal-aid service can help determine the appropriate legal remedy. For serious matters involving detention, violence, or criminal allegations, obtaining legal advice promptly can be particularly important.

Where to Apply Against Police Violence

How to File a Complaint with NHRC

The National Human Rights Commission accepts complaints from victims or other persons acting on their behalf. Its online complaint system asks for information about the complainant, victim, incident, concerned public authority, allegations, and relief sought.

Complaints can be submitted:

• Online through the NHRC website

• In person

• By post

• By email

• Through the HRCNet portal

• Through Common Service Centres (CSCs)

The NHRC states that no fee is charged for filing a complaint.

NHRC Complaint Portal: Lodge & Track NHRC Complaints

NHRC Helpline: 14433
Complaint email: complaint.nhrc@nic.in

After inquiry, the NHRC may recommend appropriate action, including prosecution or other action against a responsible public servant, recommend interim relief, or approach a High Court or the Supreme Court for appropriate directions.

Benefits of Taking Action

• Creates an official record of the allegation.

• Provides access to an independent statutory human-rights mechanism where applicable.

• Can lead to inquiry or investigation.

• Can promote accountability of public officials.

• May result in recommendations for interim relief or other appropriate action.

• Helps identify recurring police-related human-rights concerns.

• Supports access to lawful remedies.

Conclusion

Police departments have important law-enforcement responsibilities, but those responsibilities must be exercised within the framework of law, human dignity, and constitutional protections. Allegations of police violence should be addressed through peaceful, lawful, and evidence-based procedures. Depending on the circumstances, a person may approach senior police authorities, courts, the State Human Rights Commission, the NHRC, or another competent institution.