Complain against the police, or custodial violence

General information, not legal advice. This guide explains the usual steps in plain words. Every case has its own facts, and the law and the rules change. For a serious matter, speak to a lawyer. If you cannot afford one, you may get one free: call 15100. Last checked November 2026.

For torture, a death in custody or police misconduct: the SP, a Magistrate, the human rights commission and the High Court.

What to do, step by step

1. Get medical care and ask for an injury report from a government doctor. A Magistrate can order an examination.
2. Write down the names, ranks, station, date and time. Keep photos, medical papers and any video.
3. Complain in writing to the Superintendent of Police or Commissioner. Send it by post and email and keep the receipt.
4. Tell the Magistrate. When a person dies in police custody, a Magistrate's inquiry is compulsory, in addition to the police investigation. A woman who alleges rape in custody is also entitled to a Magistrate's inquiry.
5. File a complaint with the State Police Complaints Authority, where your state has one, for serious misconduct such as custodial death, grievous hurt or rape in custody.
6. File a complaint with the National Human Rights Commission (nhrc.nic.in) or your State Human Rights Commission. It is free and you can do it online.
7. A person with a lawyer can also file a writ petition in the High Court for compensation and an independent investigation.

Where to go

• Superintendent of Police or Commissioner of Police
• Magistrate
• NHRC online complaint
• State Human Rights Commission
• High Court

What to carry

• Medical and post mortem reports
• Photographs and videos
• Names of police officers and witnesses
• Copies of all your letters

Time limits

• NHRC and State Human Rights Commissions generally do not take up an act that is more than one year old, so file within a year.
• Police must tell the NHRC about a death in custody within 24 hours, under its guidelines.

What the law says

• BNSS section 196: Magistrate's inquiry into a death in police custody [old CrPC 176]
• BNSS section 173(4) and 175(3): to get an FIR registered against police officers
• Protection of Human Rights Act 1993, section 36(2): one year
• Article 21 and 22 of the Constitution; D.K. Basu v. State of West Bengal, 1997
• Prior sanction can be required before a court takes cognizance against a public servant, but not for an order to register an FIR, as the Supreme Court has held.

If it does not work

• High Court or Supreme Court under Article 226 or 32.
• A lawyer is strongly advised.

Free help

• NHRC toll free line 14433. Free legal aid for persons in custody, 15100.

Sources

• Protection of Human Rights Act 1993
• NHRC

Related

Register an FIR, or what to do if the police refuse

Section numbers are from the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS) and other Acts, with the old number in square brackets. For events before 1 July 2024 the old law (CrPC, IPC) applies. Spotted a mistake? Corrections are welcome.