How to report police brutality and custodial violence under BNSS

1. The Hook

You have probably seen the grainy, handheld footage of Faizan. In 2020, during the Delhi riots, he and four others were filmed being beaten by Delhi Police personnel while being forced to sing the national anthem. Faizan died shortly after being released from custody. By May 2026, the CBI has admitted in court that they struggle to identify all the personnel involved because they were wearing helmets and the CCTV cameras were 'non-functional.'

When you see a video like that, or if you find yourself or a friend in a lock-up being 'roughed up,' the helplessness feels absolute. But the law in India—specifically the new Bharatiya Nagarik Suraksha Sanhita (BNSS) that replaced the CrPC—has specific, hard-coded procedures to hold police accountable. If you know how to trigger a Magisterial Inquiry or move the Police Complaints Authority, you move the fight from a dark alley into a courtroom where the police don’t hold all the cards. If you are feeling overwhelmed by the news, check these Mental health helplines (iCall, Vandrevala, NIMHANS) before you dive into the legal work.

2. What the law actually says

In India, the police do not have a 'right' to beat you. Any physical violence in custody is a crime under the Bharatiya Nyaya Sanhita (BNS).

The BNSS Framework (Post-July 2024)

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, several sections protect you from the moment of arrest:

• Section 35: The police must inform you of the grounds of arrest and your right to bail. They must also inform a relative or friend of your choice about your arrest immediately (Section 36).
• Section 49: You have the right to meet an advocate of your choice during interrogation, though not throughout the entire process.
• Section 53: This is your most powerful tool. It mandates a medical examination of the arrested person by a medical officer immediately after arrest. If you have been beaten, this 'Medico-Legal Case' (MLC) report is the primary evidence that will nail the guilty officers.
• Section 196 (The 'Faizan' Section): This replaces Section 176 of the old CrPC. It mandates that in any case of death, disappearance, or rape occurring in police custody, a Judicial Magistrate (not just an Executive Magistrate) must hold an inquiry. This inquiry is separate from the police investigation.

Landmark Judgments

The Supreme Court in D.K. Basu v. State of West Bengal (1997) laid down 11 mandatory guidelines for arrest, including the requirement for every officer to wear clear, visible identification and name tags. The Lalita Kumari v. Govt. of UP (2014) judgment further ensures that the police must register an FIR if the complaint discloses a cognizable offence (like grievous hurt or custodial torture). If they refuse, you can follow this guide on How to file an FIR (and what to do if police refuse).

3. Step-by-step playbook

If you are a witness to police brutality or the victim of it, here is how you build a case that doesn't get 'lost' due to non-functional CCTVs.

Step 1: Secure the Medical Evidence (Immediate)

If someone is released from custody with injuries, do not go home first. Go to a Government Hospital.

• What to do: Ask for a Medico-Legal Case (MLC) report. Tell the doctor exactly how the injuries happened. If the police caused them, the doctor is legally bound to record that statement.
• What to bring: Your Aadhaar card and any discharge summary from the police station (if provided).
• Timeline: This must happen within 24–48 hours of the violence for the marks to be fresh evidence.
• If it fails: If a government doctor seems intimidated by the police, go to a private hospital for a check-up first to document the injuries, then use that report to demand an MLC at a government facility.

Step 2: File the FIR (Section 173 BNSS)

Registering a complaint against a police officer at their own station is difficult but necessary for the paper trail.

• What to do: Draft a complaint detailing the names (if known), descriptions, and the specific act of violence. Mention the time and location. Use File an RTI online later to get the station's Duty Roster to identify who was on shift.
• Where to upload: Use the State Police’s online portal or the 'e-Sewa' Kendra at the District Court to file an e-FIR if the local station refuses.
• Timeline: Immediate. Any delay gives the police time to 'fix' the CCTV footage.

Step 3: Trigger the Police Complaints Authority (PCA)

Following the Supreme Court's order in Prakash Singh v. Union of India (2006), every state must have a PCA.

• What to do: File a formal complaint with the State or District PCA. The PCA has the power to recommend departmental action or FIRs against officers for 'serious misconduct' (death, grievous hurt, or rape in custody).
• What to bring: Copy of the MLC, photos of injuries, and the FIR (or the receipt of the complaint).
• Timeline: Expect a response within 30–60 days.

Step 4: The NHRC/SHRC Route

The National Human Rights Commission (NHRC) has strict guidelines that every custodial death must be reported to them within 24 hours.

• What to do: File an online complaint at hrcnet.nic.in. You don't need a lawyer for this. The Commission can order independent investigations and award compensation (interim relief).
• Expected Timeline: The NHRC process is slow (6–12 months) but it creates a federal record that the local police cannot delete.

Step 5: Approach the Magistrate (Section 175 BNSS)

If the police refuse to investigate their own, you go to the judge.

• What to do: File an application under Section 175(3) of the BNSS (formerly 156(3) CrPC) before the Metropolitan or Judicial Magistrate. You are asking the court to direct the police to register an FIR and investigate.
• What to bring: Evidence that you tried to file an FIR and were refused (the 'speed post' receipt of your complaint to the SP/SSP).
• If it fails: Your lawyer can move the High Court under Section 528 of the BNSS (Inherent powers of High Court) to seek a transfer of the investigation to an independent agency like the CBI, similar to what happened in the Faizan case.

To see more ways to hold authorities accountable, Browse all civic-action guides.

Where it usually breaks

Systems are designed to protect their own, and the police are no exception. Here are the three ways your case will likely be sabotaged and how to fight back:

1. The "CCTV is broken" excuse This is the most common tactic. In the Faizan case, the police claimed cameras weren't working.

• The Law: The Supreme Court in Paramvir Singh Saini v. Baljit Singh (2020) mandated that every police station must have CCTV with night vision and audio recording, stored for at least 18 months.
• The Workaround: Immediately file an RTI (Right to Information) addressed to the Public Information Officer (PIO) of the District Police Office. Ask for the "CCTV maintenance logs" and "Daily Diary entries" regarding the functional status of cameras on that specific date. If they claim it was broken, they must prove they reported the fault to the service provider before your incident happened.

2. Refusal to register an FIR against "Brother Officers" A Station House Officer (SHO) will almost never file an FIR against their own colleague.

• The Workaround: Don't argue at the desk. Use Section 173(4) of the BNSS. Send your complaint via Registered Post (with Acknowledgement Due) to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP). If they don't act within 15 days, move an application under Section 175 of the BNSS before the Judicial Magistrate. The Magistrate has the power to order an immediate investigation.

3. The "Doctor-Police Nexus" In many custodial cases, government doctors are pressured to write "no external injuries" or "self-inflicted wounds."

• The Workaround: If the MLC (Medico-Legal Case) report looks suspicious or incomplete, immediately go to a private hospital or a different government facility for a second opinion. While a private report isn't an MLC, it serves as "corroborative evidence" that can be used in court to challenge the official doctor’s integrity. Ensure you take high-resolution photos and videos of the injuries with a newspaper or a digital timestamp in the frame to prove the date.

Templates / script

A. RTI Template for CCTV Footage

To: The Public Information Officer (PIO), Office of the District [Name of District] Police, [City, State].

Subject: Request for information under RTI Act 2005 regarding CCTV footage of [Name of Police Station].

Information Required:

1. Provide the status of CCTV functionality at [Name of Police Station] between [Start Time] and [End Time] on [Date].
2. Provide the footage of the [Entrance/Lock-up/Interrogation Room] for the aforementioned period in a CD/Pen-drive.
3. If the cameras were non-functional, provide a copy of the 'Maintenance Log' and the 'Fault Report' sent to the service provider/department for repair.
4. Provide a copy of the Daily Diary (DD) entry recording the arrival and departure of [Name of Victim/Arrested Person] on [Date].

Fee: I have attached a ₹10 Postal Order No. [Number] as the application fee.

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B. Complaint to the Police Complaints Authority (PCA)

Note: Every state has a PCA to handle complaints of "Serious Misconduct" (death, grievous hurt, or rape in custody).

To: The Chairperson, State/District Police Complaints Authority, [Address].

Subject: Complaint against [Name/Rank of Officer] for custodial violence under BNSS.

Details of Incident: On [Date] at [Time], [Name of Victim] was taken to [Police Station Name]. During this time, the following officers [Names or Descriptions] inflicted [describe injuries] using [describe weapons/methods].

Evidence Attached:

1. Medico-Legal Case (MLC) Report No. [Number] from [Hospital Name].
2. Photographs showing injuries.
3. Copy of the complaint sent to the DCP via Registered Post (Tracking ID: [Number]).

Prayer: I request the Authority to conduct an independent inquiry into this misconduct and recommend the suspension and criminal prosecution of the involved officers.

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C. Script for calling the 112 Helpline

"I am calling to report an ongoing incident of custodial violence at [Name of Police Station]. I am a [witness/relative]. The person in custody is [Name]. They are being beaten right now. I want this call to be recorded as a formal distress signal. Please provide me with the Diary Number for this complaint."

FAQs

1. Can I film the police if I see them beating someone on the street? Yes. There is no law in India that prohibits filming police in public spaces. However, do not get so close that you "obstruct" their duty, as they can then arrest you under Section 221 of the BNS (obstructing a public servant). Keep a safe distance and live-stream if possible so the footage is saved even if they seize your phone.

2. Who pays for the lawyer if I want to sue the police? If you cannot afford a lawyer, you are entitled to free legal aid under the Legal Services Authorities Act, 1987. Visit the District Legal Services Authority (DLSA) office located in your local court complex. They are mandated to provide an advocate for victims of state violence regardless of your income in certain cases.

3. What is the time limit to file a complaint? For serious crimes like "grievous hurt" or "custodial torture," there is no strict statute of limitations. However, for the medical evidence to be effective, you must get an MLC within 48 hours. The longer you wait, the easier it is for the police to claim the injuries happened after the person was released.

4. Can the police arrest me for complaining against them? They might try to intimidate you with "counter-cases" (like claiming you attacked them). This is why the paper trail is vital. Always keep copies of your Registered Post receipts and RTI filings. Once a Magistrate is involved under Section 175 BNSS, the police lose the power to simply "make the case go away."

5. What is the difference between an Executive and Judicial Magistrate inquiry? An Executive Magistrate (like a Tehsildar or SDM) works under the State Government and is often seen as "pro-police." A Judicial Magistrate works under the High Court and is more independent. Under Section 196 BNSS, in cases of death or disappearance in custody, a Judicial Magistrate inquiry is mandatory. Always insist on a Judicial inquiry.

6. Is there a helpline for police misconduct? You can call 112 (All-in-one emergency) or 100. Additionally, the National Human Rights Commission (NHRC) has a 24/7 helpline at 14433 specifically for reporting human rights violations, including custodial torture. Verify the latest numbers on nhrc.nic.in before calling.