Abusing, beating and mentally harassing the police despite doing nothing wrong. How to file a court case under IPC section against the police

1. File a Private Complaint in Magistrate Court

You can directly file a criminal complaint under BNS before a Judicial Magistrate, without going to police, if:

The police are the accused, and

They’ve physically assaulted, illegally detained, or threatened you without cause.

 

2. File a Complaint with the Magistrate Under Section 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

This replaces Section 156(3) CrPC

You can request the Magistrate to order an investigation against the police officer

 

3. File a Writ Petition (High Court or Supreme Court)

Under Article 226 (High Court) or Article 32 (Supreme Court) for:

Violation of fundamental rights (e.g., illegal detention, police brutality)

You can also seek compensation for torture or harassment.

 

Complaint to State Human Rights Commission

Complaint to SP/DGP or Police Complaints Authority

File RTI to obtain records like arrest memo, CCTV, medical report

 

For expert legal drafting and representation, contact:
Adv. Sanjana Basak

Dear Sir, You have several options to file a complaint against police officers: Police Complaints Authority (PCA): This is an autonomous body set up in various states to inquire into complaints of serious misconduct against police personnel. You can file a complaint directly with the PCA in your state/district. They investigate serious misconduct like death in police custody, grievous hurt, rape, or arrest/detention without due process. Superintendent of Police (SP) or Commissioner of Police (CP): You can lodge a written complaint with the SP or CP of the concerned district. This is a higher authority within the police department. Ensure you obtain a diary number (DD Entry) as proof of filing. Judicial Magistrate/Metropolitan Magistrate: If the police refuse to register your FIR or take action, you can directly approach the Judicial Magistrate under Section 190 of the Criminal Procedure Code (CrPC). The Magistrate can take cognizance of the offense and order the police to register an FIR and investigate the matter under Section 156(3) of the CrPC. National Human Rights Commission (NHRC) or State Human Rights Commission (SHRC): If the misconduct involves human rights violations, you can file a complaint with the NHRC or the relevant SHRC. These commissions have the power to inquire into allegations of human rights violations by public servants, including police officers. High Court (Writ Petition under Article 226): In cases of serious police inaction or violation of fundamental rights, you can file a Writ Petition in the High Court under Article 226 of the Indian Constitution, seeking appropriate directions or compensation.

IPC has already been repealed and it is replaced by BNS. Your issue is infringement of fundamental right so you should approach high court under WRIT petition.