Police violence is a crime, even if someone is accused of an offence. Learn how to file complaints against police brutality in Gujarat using BNSS and PCA rules.
Imagine you are scrolling through X (formerly Twitter) and see a viral video from a town in Gujarat. A man, perhaps accused of cow slaughter or a minor theft, is tied to a pole or held down in a police station while officers take turns hitting him with lathis. You feel a pit in your stomach. You might think, "But he did something wrong, maybe he deserves it?" Stop right there. Under Indian law, the police are not judges. Their job is to arrest, investigate, and present the accused before a court. The moment a police officer raises a hand on a suspect outside of necessary self-defence, they have stopped being a law enforcer and started being a criminal. Whether the person is innocent or guilty of the original charge is irrelevant to the fact that police brutality is a violation of the Constitution. If you are a witness, a friend, or the victim, you have the power to hit back—legally.
In India, the transition from the old British-era laws to the new criminal codes on July 1, 2024, has clarified many procedures regarding police conduct. Specifically, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Nyaya Sanhita (BNS), 2023, govern how the police must behave.
Under Section 47 of the BNSS, the police are strictly prohibited from using more restraint than is necessary to prevent a person's escape. Beating a person who is already in custody or who has surrendered is a clear violation of this section. If an officer causes hurt or grievous hurt to extort a confession or information, they can be charged under Section 115 or Section 117 of the BNS, which carry heavy prison sentences.
Even in 2026, the landmark Supreme Court judgment in D.K. Basu v. State of West Bengal (1997) remains the gold standard for arrest. It mandates that:
Section 53 of the BNSS (formerly Section 54 CrPC) makes it mandatory for an arrested person to be examined by a medical officer immediately after arrest. If you or someone you know has been beaten, this is your primary evidence. If the police refuse this, they are breaking a direct legal mandate.
Section 176(1) of the BNSS is a powerful tool. It states that in cases of death, disappearance, or sexual assault in police custody, a Judicial Magistrate must conduct an inquiry. For cases of severe beating (custodial torture), you can petition the Magistrate to order an inquiry into the conduct of the officers involved.
Following the Supreme Court's directions in Prakash Singh v. Union of India (2006), Gujarat has a State Police Complaints Authority. This body is specifically designed to hear complaints against officers of the rank of SP and above at the state level, and for lower ranks at the district level, for "serious misconduct" which includes causing grievous hurt or death in custody.
Reporting the police can be intimidating. Follow this structured path to ensure your complaint isn't just ignored at the local thana.
Before the bruises heal or the CCTV footage is "accidentally" deleted, you must act.
Do not go back to the same station where the violence occurred.
If the SP/CP ignores your complaint, move to the GSPCA.
If the police refuse to register an FIR against their own colleagues (which is common), you can use Section 223 of the BNSS (formerly Section 200 CrPC).
Simultaneously, file a complaint with the Gujarat State Human Rights Commission (GSHRC) or the National Human Rights Commission (NHRC).
Police brutality often leaves deep psychological scars. Do not hesitate to reach out to Mental health helplines for support. For legal aid, if you cannot afford a lawyer, visit the District Legal Services Authority (DLSA) in your local court complex; they are mandated to provide free legal counsel to victims of custodial violence.
If you need to know more about the basics of police interaction, read our guide on How to file an FIR (and what to do if police refuse) or browse all civic-action guides for more tools to protect your rights.
Systems look great on paper, but the ground reality in Gujarat can be tough. Here is where your efforts might hit a wall and how to climb over it:
The "Bhaichara" Wall (Refusal to file FIR): When you go to a police station to report a policeman, the officer on duty will likely refuse to register your FIR. They might try to "settle" it or intimidate you.
The "Faulty Camera" Excuse: Police stations often claim CCTV cameras were not working during the alleged beating.
The Managed Medical Report: Sometimes, government doctors at local Civil Hospitals feel pressured to write "simple injuries" even if there are fractures.
The "Counter-Case" Threat: If you report brutality, the police might threaten to slap a false case (like "obstructing a public servant") on you or the victim.
Subject: Information regarding cognizable offences under Sections 115, 117, and 198 of the BNS committed by [Officer Name/Rank] of [Station Name].
To, The Superintendent of Police, [District Name], Gujarat.
Sir/Madam, I am writing to report an incident of custodial violence that occurred on [Date] at [Time] at [Location/Station]. [Describe the beating briefly: "The accused was tied to a pole and beaten with lathis by 3 officers"].
The Station House Officer of [Station Name] has refused to register an FIR. Under Section 173(4) of the BNSS, I request you to investigate this matter or direct an investigation. I have attached the Medical Certificate from [Hospital Name] as proof of injuries.
Sincerely, [Your Name & Phone]
You: "Doctor, please record all these bruises in the MLC. These were caused by police batons at [Station Name] around 2:00 PM today." Doctor: "I will just write 'physical assault'." You: "Respectfully, sir, the law requires you to record the 'history of the case' as narrated by the patient. Please specifically mention 'alleged history of police assault' and note the dimensions and colour of the bruises. This is a requirement under Section 53 of the BNSS."
To: [email protected] Subject: Complaint against [Officer Name] for serious misconduct (Custodial Torture)
Dear Secretary, GSPCA, I wish to lodge a formal complaint against [Name/Rank/Station] for causing grievous hurt to [Victim Name] while in custody. This constitutes "Serious Misconduct" as per the Gujarat Police Act and Supreme Court guidelines. Please find attached the video evidence/medical report. I request an independent inquiry into this violation of Article 21 of the Constitution.
1. Can I report the beating if I am just a witness and not the victim? Yes. Anyone who has knowledge of a cognizable offence (a serious crime where police can arrest without a warrant) can report it. Under Section 173 of the BNSS, any person can provide information to the police. For custodial torture, you can also file a "Public Interest Litigation" (PIL) in the Gujarat High Court if the victim is too scared or unable to act.
2. Is there a fee for filing a complaint with the GSPCA or the Magistrate? Filing an FIR or a complaint with the GSPCA is free. If you file a "Private Complaint" before a Magistrate under Section 223 of the BNSS, there may be a nominal court fee (usually under ₹100), but you will likely need a lawyer to draft the petition, which will involve professional fees.
3. What is the timeline for the GSPCA to take action? The GSPCA is supposed to act promptly, but practically, it can take 3 to 6 months for an inquiry to conclude. However, once you file a complaint, they are required to send a notice to the concerned police department. This "notice" often stops the police from further harassing the victim.
4. The police say they beat him because he is a criminal/cow smuggler. Does that matter? Legally, no. Even a death-row convict has a right to be free from torture under Article 21. The police's job ends at arrest and production before a Magistrate. Any physical violence used as "punishment" is a crime, regardless of the charges against the victim.
5. Can I use a viral video as evidence in court? Yes, but you must follow Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which replaced the Evidence Act). You will need a "Section 63 Certificate" (a signed declaration) from the person who filmed the video or the owner of the device to prove the video hasn't been tampered with.
6. What if the police threaten my family to make me withdraw the case? This is "Witness Tampering." Immediately move an application for witness protection before the District Judge. You should also send an urgent email to the Commissioner of Police and the Gujarat State Human Rights Commission (GSHRC) detailing the threats. Use social media to tag the DGP Gujarat to bring public eyes to your safety.
Yes. Anyone who has knowledge of a cognizable offence (a serious crime where police can arrest without a warrant) can report it. Under **Section 173 of the BNSS**, any person can provide information to the police. For custodial torture, you can also file a "Public Interest Litigation" (PIL) in the Gujarat High Court if the victim is too scared or unable to act.
Filing an FIR or a complaint with the GSPCA is free. If you file a "Private Complaint" before a Magistrate under Section 223 of the BNSS, there may be a nominal court fee (usually under ₹100), but you will likely need a lawyer to draft the petition, which will involve professional fees.
The GSPCA is supposed to act promptly, but practically, it can take 3 to 6 months for an inquiry to conclude. However, once you file a complaint, they are required to send a notice to the concerned police department. This "notice" often stops the police from further harassing the victim.
Legally, no. Even a death-row convict has a right to be free from torture under Article 21. The police's job ends at arrest and production before a Magistrate. Any physical violence used as "punishment" is a crime, regardless of the charges against the victim.
Yes, but you must follow **Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023** (which replaced the Evidence Act). You will need a "Section 63 Certificate" (a signed declaration) from the person who filmed the video or the owner of the device to prove the video hasn't been tampered with.
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