What happens after police complaint in India?

What happens when you file a complaint against a police officer India?

There are several remedies available to a victim of police misconduct or abuse. … The Magistrate will then order the police to register the FIR; The Victim can even send his complaint to the National Human Rights Commission or the state human rights commission if there is one in his or her state.

What happens when a criminal complaint is filed against you?

Usually in criminal cases, the police first arrest the suspect, defendant, and then file a report to the local prosecutor. Then, the prosecutor decides whether to formally process charges against the suspect, defendant. … Sometimes, the complaint results in an arrest warrant.

Can police beat me?

No, it is not a police officer who beats you! Just so you know, no policeman is allowed to use force with anyone except if they are resisting arrest or trying to escape.

Can a police officer slap you in India?

No police man cannot slap you or force you. In case he has done so you can complaint before the Senior police officials and further in case they fail to take steps then file a petition before the High court seeking the relief and inquiry against the said police officer. … Complain to DG/commissioner.

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What happens after you file a complaint?

When a complaint is dismissed, the lawsuit is over. … Your attorney can help you determine whether to file a motion to dismiss or to file an answer to the complaint. Answering the Complaint. If you do not move to dismiss the complaint, you must answer the complaint.

Can I take my complaint back?

Once the FIR has been filed and has been registered by police, it is not possible for the complainant to take back the FIR. But, there are other ways to nullify the effect of FIR in certain cases.

Who decides if charges are filed?

A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment.

Can police check my phone?

After a person has been arrested, the police generally may search the items on her person and in her pockets, as well as anything within her immediate control, automatically and without a warrant. But the Supreme Court has ruled that police cannot search the data on a cell phone under this warrant exception.

Can police take your keys?

Police officer has the right to seize documents and vehicle if someone is breaking the law. Practice of taking keys away, by police while checking is common, but if the officer is not behaving as per the standards and procedures you can take action in such cases.

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Can police check your vehicle in India?

Traffic police can randomly perform a check for documents on any road. Ideally, you should always carry a valid driver’s license, car’s registration certificate, pollution under control (PUC) Certificate, and car insurance policy. If you fail to produce any of these, you will be given a challan.