A practical remedy to report unlawful police conduct and ensure fair investigation.
During criminal investigations, individuals may sometimes face harassment, coercion, or misuse of authority by investigating agencies. However, the law strictly requires that investigations be conducted fairly, transparently, and in accordance with due process. Therefore, when such harassment occurs, a person can file a formal complaint against harassment during investigation before senior police authorities or other competent forums.
This article explains the legal framework, when to file such a complaint, drafting strategy, and provides a ready-to-use sample format with copy-to-clipboard functionality.
I. Legal Framework Governing Investigation
Police investigations must comply with statutory safeguards under:
Under the Code of Criminal Procedure, 1973
- Section 41 CrPC – Conditions for arrest
- Section 41A CrPC – Notice of appearance before police
- Section 160 CrPC – Attendance of witnesses
- Section 161 CrPC – Examination of witnesses
Corresponding Provisions under BNSS, 2023
- Section 35 BNSS – Arrest without warrant
- Section 35(7) BNSS – Notice of appearance
- Section 179 BNSS – Examination of witnesses
Thus, the police must act within legal limits and procedural safeguards.
II. What Constitutes Harassment During Investigation?
Harassment may include:
- Repeated and unnecessary summons
- Threats or coercion
- Illegal detention or intimidation
- Forcing statements without due process
- Summoning women or elderly persons at odd hours
Such actions violate constitutional protections and statutory safeguards.
III. Where Can You File the Complaint?
You can submit your complaint before:
- Station House Officer (SHO) (if issue is with subordinate officers)
- Superintendent of Police (SP)
- Deputy Commissioner of Police (DCP)
- Judicial Magistrate
- Human Rights Commission (in serious cases)
Therefore, choosing the correct authority ensures effective redressal.
IV. Why is Filing a Complaint Important?
Filing a complaint helps to:
- Create an official record of harassment
- Prevent further misuse of authority
- Strengthen your case in future proceedings
- Demonstrate willingness to cooperate
Moreover, courts take such complaints seriously when assessing fairness of investigation.
V. Essential Elements of the Complaint
Before drafting, you should include:
- Name and details of complainant
- Details of police station and officer involved
- FIR details (if applicable)
- Specific instances of harassment
- Dates and timeline of events
- Request for appropriate action
These elements ensure that the complaint is clear, factual, and actionable.
VI. Drafting Strategy
While drafting:
- Use clear and factual language
- Avoid exaggeration or emotional tone
- Mention specific incidents with dates
- Emphasise willingness to cooperate
- Request lawful investigation, not interference
This approach enhances the credibility and effectiveness of the complaint.
VII. Sample Draft Format – Complaint Against Harassment During Investigation
Sample Draft – Complaint Against Harassment During Investigation
To
The Superintendent of Police
[District/City]Subject: Complaint Against Harassment During Investigation
Respected Sir/Madam,
I respectfully submit that I am being subjected to harassment during the course of investigation in connection with FIR No. [____] registered at [Police Station].
It is submitted that despite my full cooperation, the Investigating Officer has been repeatedly summoning me without reasonable cause and has subjected me to undue pressure.
On [date], I was called to the police station and was made to wait for long hours without any lawful justification.
Further, I am being threatened/coerced to make statements which are not voluntary.
I submit that I am a law-abiding citizen and am willing to cooperate with the investigation in accordance with law.
I request that appropriate directions be issued to ensure that the investigation is conducted fairly and without harassment.
I also request that my statement be recorded strictly in accordance with legal procedure.
Thanking you.
Yours faithfully,
[Name]
[Address]
[Contact Details]
[Signature]Date: [____]
Place: [____]
VIII. Common Mistakes to Avoid
Avoid:
- Making vague or general allegations
- Using aggressive or defamatory language
- Failing to mention specific incidents
- Not showing willingness to cooperate
Instead, focus on facts, clarity, and legal compliance.
Conclusion
A Complaint Against Harassment During Investigation is an important safeguard against misuse of police powers. Therefore, by documenting incidents and asserting your rights, you can ensure that the investigation remains fair, lawful, and unbiased.
Index of Legal Templates and Drafting is here.
Disclaimer
These templates are provided for educational and informational purposes. Every case depends on specific facts and procedural posture. Professional legal advice should be obtained before filing any application.
Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.
+91-9606345150
