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Can a Person Approach a Magistrate When the Police Do Not Properly Act on a Complaint?

 

Can a Person Approach a Magistrate When the Police Do Not Properly Act on a Complaint?

You have submitted a police complaint, but no effective action appears to have been taken. Perhaps an FIR has not been registered, the complaint has not been properly investigated, or you believe the police have not adequately addressed the information provided. In such circumstances, approaching a Magistrate may be a legal procedural option, depending on the nature of the complaint and the circumstances.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs criminal procedure, specific provisions deal with police investigation and the role of the Magistrate. Section 173 addresses information relating to cognizable offences, while Section 175(3) permits an empowered Magistrate, after considering an application supported by an affidavit and making such inquiry as considered necessary, to order an investigation. 

What can be done when the police do not act?

Where information concerns an alleged cognizable offence and the police have not taken appropriate action, the person may first take the procedural steps available under the BNSS, including approaching the Superintendent of Police in appropriate circumstances.

If the grievance regarding police inaction continues, an application may be considered before the competent Magistrate seeking appropriate judicial intervention. The exact procedure and relief depend upon the facts, the nature of the alleged offence and the material already submitted to the police.

A Magistrate does not simply decide every complaint by directing an FIR. The court examines the circumstances and the nature of the relief sought before deciding what procedural course is appropriate.

What information should be placed before the Magistrate?

A person considering such proceedings should generally preserve and organise:

  • Copy of the original police complaint
  • Proof showing when and where it was submitted
  • Postal or electronic delivery records, where applicable
  • Copy of any complaint made to a senior police officer
  • Relevant documents and photographs
  • Medical records, if the allegations involve injury
  • Messages, emails, call records or other electronic evidence
  • Names and details of relevant witnesses
  • Any response received from the police

A clear chronology can help the court understand what happened, when the complaint was made and what action, if any, followed.

Can the Magistrate take a complaint case directly?

There can also be circumstances in which a person pursues a complaint before the Magistrate rather than seeking a police investigation. The appropriate procedural route depends upon the allegations and the relief being requested.

For non-cognizable offences, the BNSS specifically provides that the police should refer the informant to the Magistrate, and police investigation ordinarily requires an order of the Magistrate. 

Therefore, the nature of the alleged offence is important. A complaint involving a cognizable offence, a non-cognizable offence, alleged police inaction, or allegations against a public servant may involve different procedural considerations.

What should you avoid?

Do not rely only on verbal complaints where important legal action is being sought. Keep copies of complaints and proof of submission. Also avoid making exaggerated or unsupported allegations. The application should focus on the facts, available evidence and the specific procedural relief being requested.

Adv. Anupam Kumar Mishra can assist in examining the complaint, available evidence and police response to determine what procedural remedy may be appropriate.

Where police action is alleged to be inadequate, Adv. Anupam Kumar Mishra can assist with understanding the relevant BNSS procedure and preparing appropriate proceedings before the competent court, subject to the facts and jurisdiction.

For general legal information or to discuss whether professional legal assistance may be relevant to your circumstances, you may contact :

Adv. Anupam Kumar Mishra
Advocate | Supreme court of India
WhatsApp: +91-9051112233

Legal outcomes depend on the facts, evidence, applicable law and procedural circumstances. This content is intended for general legal information and does not by itself constitute legal advice for a specific matter.

#PoliceComplaint #CriminalProcedure #MagistrateCourt #BNSS #PoliceInaction #CriminalLaw #LegalRemedy #IndianLaw

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