What are my rights when dealing with police in India?
Asked by: Mr. Larue Von | Last update: August 26, 2025Score: 4.7/5 (55 votes)
As an Indian citizen, you have a right to file an FIR for a cognisable offence (serious offence). Failure by a police officer to register the FIR is considered a crime under the Indian Penal Code. The Supreme Court has said that in such cases, the police officer will be liable for prosecution and punishment.
How can I take action against police in India?
Approaching the Judiciary: A writ petition can be filed in the High Court or Supreme Court under Article 226 or Article 32 of the Indian Constitution for violation of fundamental rights, including unlawful actions by the police.
What are my rights when dealing with traffic police in India?
If you ever feel like you're being harassed, you have the right to file an official complaint at the nearest police station. Remember, while it's always good to cooperate, you can politely refuse a vehicle search if the officer doesn't have a valid reason or probable cause to believe there's evidence of a crime.
Can you record a police officer without permission in India?
Summary. While it is generally permissible to record police officers during an arrest in India, recordings must respect the limits of public order, privacy, and law enforcement operations. Citizens are encouraged to exercise caution and avoid interference to prevent legal complications.
Can you refuse to talk to police in India?
The accused has the constitutional right to remain silent if the Police ask him any question if it is self-incriminating in nature. It is not necessary for the accused to answer every question asked by the Police. Sometimes, the Police may take the words of the accused otherwise and make false charges against him.
Things You Need To Know When Dealing With Police
Can police take your phone in India?
No police officer can check your phone without a warrant unless there is grave urgency. If someone attempts to do so, remind them of Article 20 of the Constitution of India, which protects individuals from self-incrimination and arbitrary actions by the state.
Can you sue police in India?
One of the forms of external mechanism for holding the police accountable for misconduct is through the courts, where complainants can directly sue police officers for alleged abuse of powers. The police can be held liable under criminal law, public law or through private tortious liability.
Can the police enter your home without your permission in India?
The accused himself cannot be compelled to produce any document or property which is likely to involve him in any criminal charge. Hence police have to get a warrant issued by a Court of Law. The police have no general power to enter or search your premises without your consent.
Can someone film me without my permission in India?
However, it is prohibited to record someone without their consent in a private space like a toilet or changing room. Someone will undoubtedly record you without your permission when you are out in public.
Can police get phone records in India?
Call Records are admissible as evidences under section 65B of the Evidence Act. Call Records are used as evidence in Courts and by Arbitrators, for tracing absconding or missing persons, retrieving lost mobile phones, etc. Call Records can be obtained by no officer with rank less than that of a Police Superintendent.
Can a police officer check your bag in India?
After you have been arrested, the police can search your clothing, bags or car for objects and substances you could use to harm yourself and/or others. They can also look for anything else to charge you with.
Can police take your keys in India?
According to the law, no policeman has the authority to take out the key of any two or four wheelers, yet they did so. Also, the rule says only an officer of rank higher than Head Constable in Traffic Police has the power to stop commuters and interrogate.
Do you have to get out of your car if police ask?
Officers have the right to order both drivers and passengers out of the car during a traffic stop. Refusing to comply can lead to additional charges or escalate the situation.
Who can control police in India?
The superintendence of the police has to be exercised by the State Government. general police-district shall be vested in an officer to be styled the Inspector-General of Police, and in such Deputy Inspectors-General and Assistant Inspector-General, as the State Government shall deem fit.
What if a police officer hits you in India?
File a complaint with your State Police Complaints Authority. This is an agency that was formed after a Supreme Court order to all States and is in place to address specifically these kinds of incidents. File an FIR.
Can a foreigner file a police complaint in India?
Filing a Criminal Complaint under Section 200:NRIs can also file a criminal complaint under Section 200 of the Code of Criminal Procedure, 1973. This section outlines the procedure for Magistrates to take cognizance of an offense upon a complaint.
Can police take pictures of you without permission in India?
Taking pictures of someone or entering private property without a warrant or a valid legal justification may violate an individual's right to privacy. The police generally cannot conduct searches or seize property without proper authorization, except in specific circumstances recognized by law.
What is the punishment for call recording in India?
Recording of Calls by a Non-Governmental Third Party to the Telephonic Conversation Section 25 of the Indian Telegraph Act 1885[7]is a penal provision that prescribes a punishment, which includes punishment that may extend to three years, or fine, or both for the interception of telephone lines.
Can I sue someone for recording me without my permission?
Without permission, an individual can face imprisonment and fines. In California, a confidential conversation is defined as a conversation where parties have a reasonable expectation of privacy and that nobody is listening or eavesdropping. Individuals who break this law may be subject to civil damages.
Can police check your phone in India without a warrant?
While the law regarding phone confiscation is in place in India—that is, a warrant is required— whether an officer can, after seizing a phone, compel a suspect to unlock their phone and access the data in it has the unfortunate lawyerly response of 'it depends'.
What evidence do police need to raid a house?
Establishing Probable Cause: Before executing a raid, law enforcement must establish probable cause. This means they must demonstrate reasonable grounds to believe that a crime is being committed at the property.
Can the police kick in my door if I have a warrant?
If they have a no-knock warrant they can enter your residence whether you are there or not. If they have to break the door down to get in, the warrant gives them the authority to do that.
What to do if the police don't help you?
- the internal affairs department for the law enforcement agency.
- a state or local police disciplinary board.
- a state or local citizen oversight board, or.
Can you sue for emotional distress in India?
Section 22 empowers the Magistrate to grant compensation and damages for the injuries, including mental torture and emotional distress, caused by the domestic violence committed by the appellant.
How to complain against police in India?
You have to explain the details of the incident to the station police. Over the Phone: You can also file a complaint against the police over the phone by calling the police station and speaking to the duty officer. You will be required to explain the incident in detail to the officer.