Police officers are public servants with great power, and citizens do have legal remedies when that power is abused through bribery, illegal detention, custodial violence, fabricated cases or refusal to register an FIR.

Step 1: Document and complain internally

• Write down names, ranks, dates, places and witnesses. Keep recordings, messages and medical reports.
• If the police refuse to register an FIR, send the complaint in writing to the Superintendent of Police, as BNSS Section 173(4) permits.
• Complain to the DGP or the State Home Department and, for custodial violence, to the National or State Human Rights Commission.

Step 2: Magistrate

If the SP does not act, you can approach the Magistrate to direct registration and investigation under Section 175(3) BNSS, with a supporting affidavit, as the Supreme Court required in Priyanka Srivastava v. State of Uttar Pradesh (2015). Alternatively, a private complaint can be filed before the Magistrate.

Step 3: Corruption cases

Demand or acceptance of a bribe is an offence under the Prevention of Corruption Act, 1988. Complaints can be made to the state Anti-Corruption Branch, the Vigilance Commission or the CBI where applicable. Section 17A requires prior approval before an inquiry into decisions taken in official capacity, but not for arrests on the spot for taking a bribe. Prosecution of a public servant generally needs sanction under Section 19 of that Act.

Sanction for ordinary offences

Where the allegation relates to acts done in the discharge of official duty, sanction from the government may be needed under Section 218 BNSS (earlier Section 197 CrPC). Courts hold that acts like fabricating records or custodial torture are not necessarily protected, as there must be a reasonable connection with official duty.

Custodial rights and compensation

D.K. Basu v. State of West Bengal (1997) laid down mandatory guidelines on arrest and detention, including arrest memos, informing a relative and medical examination. Victims can seek compensation by writ in the High Court under Article 226, following Nilabati Behera v. State of Orissa (1993). Custodial deaths require a magisterial inquiry under the BNSS.

Act promptly and avoid confrontation at the scene. A carefully drafted complaint with evidence is far more effective than an angry one.

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This article is for general information only and is not legal advice. Law and procedure change; please verify the current position for your specific case. Last reviewed: November 2026.