How to File a Complaint Against Police and Seek FIR Registration in India
A complaint against a police officer may concern custodial violence, unlawful detention, extortion, sexual violence, land grabbing or another serious abuse of authority. The appropriate route depends on whether you want a criminal investigation, departmental action or independent scrutiny of police misconduct.
1. How to register an FIR against a police officer
Under BNSS section 173(1), information about a cognizable offence can be given orally or electronically to the officer in charge of a police station, irrespective of where the offence occurred. Information given electronically must be signed within three days as prescribed. Section 173(2) provides for a free copy of the recorded information to the informant or victim.
If the police refuse to record information about a cognizable offence, section 173(4) permits the aggrieved person to send the substance of the information in writing and by post to the Superintendent of Police concerned. If that remedy fails, an application may be made to the competent Magistrate. Under section 175(3), a Magistrate may order investigation after considering the prescribed affidavit-supported application and other statutory requirements. Section 175(4) specifies additional safeguards when a complaint against a public servant arises in the course of official duties.
Section 173(3) allows a limited preliminary enquiry, with prior permission from an officer not below Deputy Superintendent of Police rank, for specified cognizable offences punishable with imprisonment of three years or more but less than seven years; the statutory enquiry period is 14 days. This does not create an unrestricted right to refuse every FIR.
For practical background, see how to register an FIR and remedies when police do not register an FIR.
2. Delhi Police Complaints Authority (PCA)
The Supreme Court's directions in Prakash Singh and Others v. Union of India and Others, Writ Petition (Civil) No. 310 of 1996, led to the development of police accountability mechanisms. The Government of NCT of Delhi initially designated the Public Grievances Commission as the PCA in 2012. A separately constituted Delhi PCA followed through a notification dated 29 January 2018.
The Delhi PCA examines allegations of serious misconduct by personnel of Delhi Police. It is a police accountability forum and should not be confused with the police station, the Magistrate's criminal jurisdiction or a court deciding guilt.
3. What is serious misconduct?
For the Delhi PCA's mandate, serious misconduct includes allegations such as:
- Death in police custody.
- Grievous hurt caused by police personnel.
- Rape or attempted rape.
- Arrest or detention without due process of law.
- Extortion or unlawful demands.
- Land or house grabbing.
- Other incidents involving serious abuse of police authority.
Grievous hurt: Older PCA materials refer to section 320 of the Indian Penal Code, 1860 (IPC). For offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the definition of grievous hurt is in section 116. Whether the IPC or BNS applies to an alleged offence depends on the date and applicable savings provisions.
For alleged unlawful arrest or detention, the Authority may assess the prima facie credibility of the complaint before conducting its inquiry, according to its governing terms.
4. Functions and powers of the Police Complaints Authority
The PCA may inquire into serious misconduct on a complaint from a victim, a person acting on the victim's behalf, a human rights commission, the police or other information sources, and may act on its own initiative where its mandate permits. It may also consider matters referred by the competent government authority.
Its described powers include calling for relevant information from persons or authorities, examining material placed before it and giving the police leadership an opportunity to present the department's views before finalising findings.
Following an inquiry, the PCA may communicate its findings to the Commissioner of Police, Delhi, with directions concerning registration of an FIR and/or initiation of departmental proceedings, together with evidence collected. Under the Delhi framework described in the original resolution, its directions are ordinarily binding unless the Government of NCT of Delhi records reasons for disagreement. The governing resolution and any later applicable orders control the precise effect of recommendations or directions.
5. How to submit a complaint against police personnel
- Prepare a written account: Include the incident date, location, police station, officer's name or identifying details if known, and a clear chronology.
- Attach supporting material: Preserve medical records, photographs, recordings, messages, witness details, complaint acknowledgements and other relevant documents.
- Identify the relief sought: Request independent inquiry, departmental action, protection, FIR registration or other lawful measures as appropriate.
- Submit to the PCA: Use the complaint procedure and current address or email displayed on the official Delhi PCA website. Retain proof of submission.
- Use the criminal-law route separately: Where a cognizable offence is alleged, approach the police and use the BNSS escalation procedure if registration is refused.
A PCA complaint may be delivered through the channels accepted by the Authority, including in person, post or email, subject to its current instructions. Do not send original evidence unless specifically required.
6. Delhi PCA address, email and helplines
Police Complaints Authority, Government of NCT of Delhi
10th Floor, Chanderlok Building, Janpath, New Delhi - 110001.
Telephone: 011-21400977
Email: pca.delhi@delhi.gov.in
The official PCA website also displays pca.delhi@nic.in in its contact footer. Check the current official contact page before sending documents, because the site's contact sections display different email addresses.
Emergency police assistance: 112. Women in distress: 1091. Anti-corruption vigilance: 1064. Cybercrime reporting: 1930. These are general service helplines, not dedicated PCA numbers. Consult the Delhi Police official contacts.
The previous Vikas Bhawan address and named office-bearers' direct telephone numbers are omitted because they are historical and should not be relied on as current contact details.
7. Applicable legal provisions and official resources
- Bharatiya Nagarik Suraksha Sanhita, 2023 - sections 173 and 175: information about cognizable offences, refusal to register information and investigation orders.
- India Code - official legislation database for the BNSS, BNS and other enactments.
- Delhi Police Complaints Authority - mandate, complaint information and updates.
- Delhi Police - complaint services, contacts and citizen assistance.
- Supreme Court of India - judgments and case information, including police reform litigation.
Transition note: The BNSS, BNS and Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, subject to applicable exceptions and savings provisions. Older references to the CrPC and IPC remain relevant to historical matters and proceedings where the former laws continue to apply.
8. Frequently asked questions
Can I file an FIR against a police officer?
Yes, if the alleged facts disclose a cognizable offence. The legal procedure for recording information and seeking remedies for refusal is set out in BNSS sections 173 and 175.
Is a PCA complaint the same as an FIR?
No. The PCA examines police misconduct within its mandate. An FIR initiates the police process for investigating a cognizable offence.
Can someone complain on behalf of a victim?
Yes, the Delhi PCA's described complaint sources include a victim or a person acting on the victim's behalf.
Can I complain about illegal detention?
Yes. Alleged detention without due process falls within the types of serious misconduct considered by the Delhi PCA, subject to its governing rules. Urgent detention cases may also require immediate legal assistance and judicial remedies.