How to File a Complaint Against a Police Officer in India: BNSS Process and Authorities

Kaustav Chowdhury
1 day ago
3 min read

Filing a complaint against a police officer in India is possible through several clear channels, from approaching a senior officer to invoking the courts and independent oversight bodies. The law does not place police personnel above accountability: any person can set the criminal law in motion against an officer whose conduct discloses an offence, and there are dedicated remedies where a police station refuses to act. This guide explains how to file a complaint against a police officer under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the other authorities you can approach.

Start at the Police Station or With a Senior Officer

The first step is to report the grievance, in writing or orally, to the officer in charge of the police station or to the Station House Officer. If the complaint discloses a cognizable offence, the officer is obliged to register a First Information Report under Section 173 of the BNSS, which now expressly allows a Zero FIR to be registered at any police station regardless of where the offence took place. If you fear the local station will not act against its own, you can address a written complaint to a senior officer such as the Deputy Commissioner or Superintendent of Police. Understanding how to file an FIR online under the BNSS is a useful starting point.

Escalate to the Superintendent of Police

If the officer in charge refuses to register your FIR, the BNSS provides a specific remedy. Under Section 173(4), a person aggrieved by such a refusal may send the substance of the information, in writing and by post, to the Superintendent of Police. If the Superintendent is satisfied that the information discloses a cognizable offence, that officer must either investigate the case personally or direct a subordinate to do so. This is an important safeguard, and the law now treats recourse to the Superintendent as a necessary step before approaching a Magistrate.

Approach the Magistrate Under Section 175(3)

Where the Superintendent of Police also fails to act, the next remedy is to apply to the jurisdictional Magistrate under Section 175(3) of the BNSS. The Magistrate, after considering an application supported by an affidavit and any submissions by the police, may order registration of an FIR and an investigation, and may monitor that investigation. The Supreme Court has clarified that approaching the Superintendent under Section 173(4) is a mandatory precondition to invoking this power, so the affidavit must show that this earlier step was taken. This tiered structure ensures complaints against officers are not left to the discretion of a single police station.

Independent Oversight and Other Forums

Beyond the criminal process, complaints of police misconduct can be taken to independent bodies. Following Supreme Court directions in the Prakash Singh case, states have established Police Complaints Authorities, typically headed by a former judge, to inquire into serious misconduct such as custodial deaths, grievous injury, or abuse of power. Complaints can also be made to the National or State Human Rights Commission where the conduct violates fundamental rights. For constitutional relief against unlawful state action, a person may file a writ petition under Article 226, and public-spirited citizens may raise systemic issues through a public interest litigation.

Practical Tips for an Effective Complaint

A strong complaint is specific and documented. Record the officer's name, rank and posting where possible, note the date, time and place of the incident, and preserve any evidence such as photographs, medical records, call details or witness contacts. Keep copies of every complaint you send and obtain acknowledgements. No fee is payable to register an FIR or pursue these remedies. Where the misconduct involves your own arrest or detention, knowing your rights if you are arrested under the BNSS helps you frame the complaint accurately.

Key Takeaways

1. Any person can complain against a police officer whose conduct discloses an offence; police are not above accountability. 2. Start at the police station; a cognizable offence must be registered as an FIR under Section 173 BNSS, including as a Zero FIR. 3. If registration is refused, write to the Superintendent of Police under Section 173(4) BNSS. 4. If that fails, apply to the Magistrate under Section 175(3) BNSS, after the mandatory step of approaching the Superintendent. 5. Independent forums include the Police Complaints Authority, Human Rights Commissions, and constitutional remedies such as a writ petition; no fee is payable to register an FIR.