Last Updated on May 8, 2024 by Satish Mishra
This post covers Police Complaint Authority (PCA in short) Punjab Haryana Chandigarh. Place where you can complain about Police in India regarding serious misconduct.
The Police Complaint Authority shall inquire into allegations of “serious misconduct” against police personnel, either suo moto or on a complaint received. The long term goal of PCAs is to overhaul of Policing culture and make them accountable professionally for their actions.
It is a highly laudable step of State Government in setting up the PCAs for ushering accountability and transparency in the Police Force.
Both complaints of omission and commission on part of Police Officer/ Official shall be entertained by the PCAs. Be it Punjab Police, Chandigarh Police or Haryana Police.
People will feel more confident while approaching Police Authorities when somebody knows that their actions are being watched over by Police Complaint Authority. This way they would get closer to the relief for sure.
Also the Police Officer won’t be able to say ‘NO’ to your Police Complaint as well. Though initially you may share the facts over the phone but then you have visit the PCAs for inquiry into the matter.
Origin of Police Complaint Authority
Emanated from the judgement of 2006 Supreme Court of India, in the Prakash Singh and Ors. v. Union of India and Ors. AIR 2006 SCC 1 Case, to response of huge volume of complaints against the police and the endemic lack of accountability, the Police Complaint Authority (PCAs) were made at State Level.
Matters enquired by Police Complaint Authority
(a) grievous hurt in police custody;
(b) illegal detention;
(c) extortion;
(d) land/house grabbing;
(e) sexual harassment; and
(f) any complaint referred by the State Government:
Though the allegations of improper investigation, shoddy trials, high-handedness and refusal to register FIRs by Police may also be entertained by these authorities.
In short, whenever Police Officials misbehave or misuse their powers you can approach Police Complaint Authority Punjab Haryana Chandigarh. You may also consult lawyers and advocates regarding this if so the facts of the matter require so.
Limitation of Complaint before Police Complaint Authority
Filed complaint strictly should be within time limit i.e. 1 year or less. Also you need to disclose any pending trial before the court, and whether you have lodged any FIR or Complaint in the police station? You might be able to succeed in filing the complaint before Police Complaint Authority online at Punjab, Haryana and Chandigarh.
Note: No complaint would be entertained if the matter is already pending before National Human Rights Commission or State Human Rights Commission. Also no anonymous, synonymous, pseudonymous and non-specific complaint(s) shall be entertained by the State Police Complaints Authority.
The complaint can be in Punjabi, Hindi or English. It may be submitted to the Authorities by Post, Courier, Fax or E-mail.
Actions Taken by Police Complaint Authority Punjab Haryana Chandigarh
PCAs can make recommendations to government for taking disciplinary action against erring police officers and discharge of their duties as well.
Then State Government has to take appropriate action on delinquent officials involved.
Motive of the PCAs are to protect the interest of complainant/victims in covering up the crime and doing fair investigations without any undue influence and harassment.
Shortcomings of Actions Taken by Police Complaint Authority
Often, it is seen the time taken by authority to act against the erring police officials is longer than the redressal of their original grievance. Thus, making PCAs ineffective for citizens at times. Also quoted as lame-duck institutions on Wikipedia.
But remember false and frivolous complaints may trigger backlash on complainants also. So ensure that the information furnished is accurate, true and correct to the best of your knowledge and belief.
Link to Police Complaint Authority Punjab– https://spca.punjab.gov.in/en/
Address- Room No. 222, 2nd Floor Punjab Civil secretariat-2, Sector 9 Chandigarh.
Rule 7 of the Rules for Conduct of Business of the Punjab State Police Complaints Authority, 2020 explains in detail the procedure for filing complaints before the Authorities. A victim or any person, duly authorized on his behalf, through a self-attested declaration can make a complaints before the State Police Complaints Authority in the case of SSP/DCP or Divisional Police Complaints Authority in the case officers of the rank of SP/ACP or below. (Section 54 D, 54-E of 2014 Amendment).
Upon examination of a complaint, if the Authority is satisfied that no prima facie case is made out in the complaint, it shall reject the complaint with a brief order.
If the Authority is satisfied that the complaint falls within its jurisdiction, it shall proceed to conduct an inquiry into the complaint. The Authority may refer the case for conducting an enquiry into the full complaint or any specific points pertaining to the complaint in a time bound manner.
Procedure adopted by Complaint Authority Punjab can be viewed here.
Note:- The enquires are to be completed within 90 days.
Link to Police Complaint Authority Chandigarh– https://chandigarhdistrict.nic.in/police-complaints-authority/
Address: Ground Floor, UT Secretariat, Additional Deluxe Building, Chandigarh Police Headquarters, 9-D, Sector 9, Chandigarh, 160009.
Also Chandigarh Police Administration has the facility of Public Window Complaint Status which can be availed. One can keep checking the status of their complaint here.
The Police Complaints Authority will submit its findings in a case within a period of 60 days from the date of receipt of the complaint and in case of inability to meet the deadline, the Authority will submit a report showing reasons therefor to the Administrator, Union Territory of Chandigarh.
You can also view this link for How to Register Complaint with Chandigarh Police.
Link to Police Complaint Authority Haryana– https://spcahry.nic.in/complaints/
It is an independent authority under the Haryana Police Act 2007 to hear grievances of public against the Police Authorities.
Address: State Police Complaints Authority
Old PWD (B&R) Building
Sector 19-B, Chandigarh
Contact: 0172-2772244, 7888338787
Email: [email protected]
Conclusion about Police Complaint Authority Punjab Haryana Chandigarh
As rightly said by Yugant Rane on VidhiLegalPolicy blog, reform in Police Complaint Authority is a way forward in preventing the custodial violence and torture by Police Officials. You can read the entire blog here.
PCA’s should be empowered with more powers as their decision becomes binding on state governments. Also, given them flexibility to oversee departmental inquiries or criminal investigations related to complaints would drastically change the perception of public and will instil confidence in Police force. One more to add, if power of PCAs to award compensation could also change the dynamics for victims of Police Atrocities. Lastly, the more aware we become, less exploited we feel.
Isn’t it?
If you agree? Share this post maximum you can and bring inspiration back to me for writing posts like these. Say hello to me on 99888-17966. I am full time lawyer in Punjab Haryana Chandigarh who is committed to the cause of social justice and equality. For case specific discussions, please book your slot first.
Helpful links to my readers:
1 The list of state wise links for raising complaints with the State/UT police- Click here.
2 For law students, web researches, read this study by Devika Prasad- Click here.
3 Looking out for judgments on Police Authority on IndianKanoon- Click here.
4 Interested in reading news on this topic on Newspaper online- Click here.
5 Want to watch youtube videos on this topic- Click here.
6 Functions of Police Complaint Authority Punjab – Click here.
