What to Do When the Police Doesn’t Take Action After Many Complaints: A Comprehensive Guide

When dealing with law enforcement and feeling that they are not acting upon your complaints, it can be perplexing and frustrating. This guide aims to offer a comprehensive approach to addressing situations where the police have not taken any action despite numerous reports. Understanding the legal processes and available remedies is crucial in such circumstances.

Understanding the Circumstances

Understanding the nature and severity of the crimes alleged is essential. Many people believe that when a crime is reported, immediate action will be taken. However, this is not always the case. There are specific types of crimes that require immediate attention, while others may be considered less pressing.

Common Alleged Crimes

Breach of Safety: A direct violation of public or personal safety. Theft and Robbery: Unlawful taking of property or belongings. Harassment and Stalking: Persistent and unwelcome behavior that causes distress.

It is important to identify whether these crimes involve state or federal laws being violated. Additionally, checking if there were any code violations that could have influenced the police's actions is crucial.

Initial Steps to Take

If the police are not responding to your complaints, the following steps can be taken to ensure proper handling of the issue:

Speak to a Supervisor: Contact the department and request to speak to a supervisor. They can provide an explanation for the lack of action and help escalate the issue if necessary. Information Gathering: Collect all relevant evidence and documentation to support your claims. Anonymous reports often require tangible evidence for the police to take action. Engaging a Private Investigator (PI): Hiring a private investigator can gather evidence that may be actionable for the police.

Legislative Remedies in Different Jurisdictions

In India, if a cognizable offense is reported and the police refuse to register an FIR, one can:

Approach and move a formal application under section 154(3) of the Criminal Procedure Code (CrPC) to a higher police officer of the rank of deputy commissioner of the police station to compel the registration of an FIR. If the higher officer fails to take action, one can move an application under section 156 of the CrPC in the court of the judicial magistrate under whose jurisdiction the police station is located, to obtain an order for investigation and registration of the FIR for a cognizable offense.

Similar legal protections exist in other jurisdictions. For instance, if you approach a superior police officer and the issue is not resolved, you can seek court intervention.

How to Proceed Without Police Action

If the police do not register an FIR, the following steps can be taken:

Approach a Senior Officer: Lay your complaint before a senior officer within the police hierarchy or a higher court, such as the court of the Judicial Magistrate (J.M.) or the Additional District Magistrate (A.D.M.). Obtain a Court Order: Under section 155 of the CrPC, you can request a court order to compel the police to investigate the matter. Challenge Final Reports: If the police submit a final report but do not take action, you can challenge it in court and seek a review or further investigation. Engage Superior Officers: Approach superior officers to seek clarification and action on your complaint.

Conclusion

Finding yourself in a situation where the police are not taking action on your complaints can be frustrating, but there are legal avenues to seek help. Understanding the legal framework, gathering evidence, and reaching out to senior officers or higher courts are crucial steps. Remember that this is a two-way street, and the same behavior from you might be expected from law enforcement in the future. Stay informed, seek help when needed, and be prepared to take steps to protect your rights.