Functions of Police Complaint Authority
The Authority inquiries into allegations of serious misconduct against police personnel either suo-motu (meaning by taking cognizance of the act on its own) or on a complaint received from the citizens or on the reference for the Government or Human Rights Commission.
After a detailed enquiry which may includes hearing of the complainant, officer/officials against whom the complaint has been made and after examination of witnesses and record if the Authority finds that there is an act of omission or commission the Authority makes a recommendation to the Government to take action against the delinquent officer/official along with any other recommendation regarding investigations. In case, no lapse or irregularity or any fault on part of Police Authorities is found after the inquiry, the complaint is filed.
Who can file a complaint?
Following persons can file a complaint as per section 65 Haryana Police Act.
- A victim or any person on his/her behalf on a sworn affidavit.
- National or State Human Right Commission.
- DGP Police or the State Government.
What kinds of Complaints are enquired by the SPCA?
The SPCA enquires into all complaints which involve allegations of serious misconduct by any police officers/officials.
“Serious Misconduct” mentioned above means any action or non-action of a police officer that involves.
- Death in police custody
- Rape or attempt to commit rape in Police Custody
- Grievous hurt in police custody
- Arrest or detention without due process of law
- Extortion
- Acquiring property through coercion
- Inaction by Police Official in any offence as defined in the Indian Penal Code, 1860 which attracts minimum punishment of ten years or more
Further “Grievous Hurt” include only the following kinds of hurt:-
- Emasculation
- Permanent loss of the sight of either eye
- Permanent loss of the hearing of either ear
- Loss of any member or joint
- Destruction or permanent impairing of the powers of any member or joint
- Permanent deformity of the head or face.
- Fracture or dislocation of a bone or tooth
- Any hurt which is dangerous to the extent that it can take life of a person or which cause the person severe bodily pain in a period of twenty days or person is unable to do his/her routine work with ease.
Necessary document to be attached with the complaint.
The complainant must attach
- A signed affidavit
- Valid Identity Proof such as Aadhar card/Voter Id/ Driving License, Passport or Residence Proof such as Electricity Bill, Water Bill, etc.
- In case a person is filling in on behalf of the victim then it should be accompanied by an affidavit.
Grounds on which a complaint can be filed by the Authority
A complaint may be filed by the Authority on the following grounds.
- If it is anonymous or pseudonymous.
- If the complainant does not submit an affidavit or a valid identity proof in spite of written communication by SPCA.
- If complaint is not covered under Section-65 of the Haryana Police Act 2007
- If the matter is pending before any Court/Human Rights Commission.
- If complaint is time-barred i.e. the incident is more than one year old.
Powers of Police Complaint Authority
In cases directly enquired by Authority, it has all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and in particular in respect of the following matters:-
- Summoning and enforcing the attendance of witnesses and examining them on oath
- Discover and production of any document
- Receiving evidence on affidavits
- Requisitioning any public record or copy thereof from any court or office
- Issuing authorities for the examination of witnesses or documents
- Any other matter as may be prescribed.