π What If the Police Commissioner (CP) Does Not Act on Your Complaint? ππ
If the Police Commissioner (CP) ignores or does not act on your complaint, you must escalate the issue through higher authorities, legal channels, and government agencies. No police officer, including the CP, is above the law, and there are several legal mechanisms available to ensure action is taken.
π Step-by-Step Guide to Escalate a Complaint If the Police Commissioner Does Not Act
π Step 1: Follow Up with the CPβs Office (1-2 Days)
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Visit or call the CPβs office and politely ask for an update.
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Send an email and submit a written complaint (keep proof of communication).
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Request a written acknowledgment receipt.
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If the CP refuses to act, request a written reason for non-action.
π If no response within 48 hours, escalate to the Director General of Police (DGP).
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π Step 2: Escalate the Complaint to the Director General of Police (DGP) (3-5 Days)
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Submit a formal complaint to the DGPβs office with all previous complaints attached.
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Request an acknowledgment receipt for documentation.
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Clearly state that the Police Commissioner failed to act and demand intervention.
π If the DGP does not respond within 5 days, escalate to the State Home Department.
π Step 3: File a Complaint with the State Home Department (5-7 Days)
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The Home Department controls police administration in the state.
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Submit a written complaint to the Principal Secretary (Home) or Home Ministerβs Office.
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Mention that both the CP and DGP ignored your complaint.
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Attach all relevant FIR details, previous complaints, and proof of inaction.
π If no action is taken within 7 days, escalate the matter to NHRC or Lokayukta.
π Step 4: File a Complaint with NHRC / SHRC for Police Inaction (2-3 Weeks)
β If the police refuse to act, harass you, or violate your rights, file a complaint with:
- National Human Rights Commission (NHRC) π NHRC Website
- State Human Rights Commission (SHRC)
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Submit all documents proving police negligence.
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NHRC/SHRC can direct police authorities to take action or investigate misconduct.
π If no action is taken within 2-3 weeks, escalate the matter legally.
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π Step 5: File an RTI Request to Get Case Status (30 Days)
β File an RTI application under the Right to Information Act, 2005 to ask:
- Why has my complaint not been acted upon?
- Who is responsible for the delay?
- What steps have been taken?
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The police must reply within 30 days.
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If no response is received, file a complaint with the State Information Commission.
π If RTI response is ignored, escalate to Lokayukta or High Court.
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π Step 6: File a Corruption Complaint with Lokayukta / Vigilance Commission (2-4 Weeks)
β If police officers are corrupt, demand bribes, or intentionally ignore your case, file a complaint with:
- State Lokayukta (Anti-Corruption Body)
- State Vigilance Commission
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Provide proof of corruption, police negligence, and misconduct.
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Lokayukta has the power to take disciplinary action against senior police officers.
π If Lokayukta does not act, file a case in the High Court.
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π Step 7: File a Writ Petition in the High Court (2-6 Months)
β File a Writ Petition under CrPC Section 482 in the High Court to:
- Direct police to act on your complaint.
- Order an independent investigation.
- Hold negligent officers accountable.
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Attach all documents, FIR details, emails, and complaint copies.
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The High Court can summon senior police officials and order strict action.
π If the case is serious, escalate it to the Supreme Court.
π Step 8: File a Contempt Petition in the Supreme Court (Final Step)
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If all efforts fail at the state level, approach the Supreme Court of India.
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File a Contempt Petition against police officials for violating Supreme Court orders on police accountability.
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The Supreme Court can summon the DGP and Home Secretary for negligence.
π This is the last legal option if all previous steps fail.
π Summary Table: Escalation Steps & Timeframes
Step | Authority to Contact | Action Required | Expected Response Time |
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1 | Police Commissioner (CP) | Follow up, request action | 1-2 days |
2 | Director General of Police (DGP) | Submit complaint | 3-5 days |
3 | State Home Department | File grievance with Home Secretary | 5-7 days |
4 | NHRC / SHRC | File human rights violation complaint | 2-3 weeks |
5 | RTI (Right to Information Act) | Request FIR status & investigation details | 30 days |
6 | Lokayukta / Vigilance Commission | File corruption complaint | 2-4 weeks |
7 | High Court (Writ Petition) | Seek court intervention | 2-6 months |
8 | Supreme Court (Contempt Petition) | File case against police negligence | Varies |
π Conclusion
π If the Police Commissioner does not act, you have multiple escalation options. You can approach the DGP, Home Department, NHRC, Lokayukta, file an RTI, or take legal action through the High Court and Supreme Court.