What Legal Action Can Be Taken If Police Fail To Act?

When the police fail to act upon a complaint, especially in cases of elder abuse or other serious offenses, it can be both frustrating and disheartening. However, there are several legal actions that can be taken to ensure that the victim’s rights are upheld, and that justice is served. These include escalation to higher authorities, judicial intervention, and taking action against police negligence. Understanding the legal options available can empower victims and their families to pursue justice when law enforcement fails to do so.

Legal Action That Can Be Taken If Police Fail To Act

1. File a Written Complaint to Senior Police Authorities:

If the police fail to register or act on a complaint, the first step should be to escalate the matter. The victim or their family can approach higher-ranking police officers, such as:

• Station House Officer (SHO): The victim can submit a written complaint to the SHO of the police station where the complaint was initially ignored. The SHO is required by law to respond to the complaint and ensure an investigation takes place.
• Superintendent of Police (SP) or District Police Chief: If the matter is still not addressed, the family can escalate the complaint to the SP or the District Police Chief, who has the authority to supervise police operations and investigate any dereliction of duty.

2. Approach the Magistrate under Section 156(3) of CrPC:

If the police refuse to register the complaint, the victim or their family can file a petition before the Magistrate under Section 156(3) of the Criminal Procedure Code (CrPC). This section allows individuals to seek judicial intervention when the police fail to act on a cognizable offense. The Magistrate has the power to:

• Order the Police to Register the FIR: The Magistrate can direct the police to register the First Information Report (FIR) and investigate the complaint.
• Supervise the Investigation: The Magistrate can monitor the investigation to ensure that it proceeds correctly and that justice is served.

This provision ensures that victims are not left without recourse when police fail to act in a timely manner.

3. Filing a Complaint with the State Human Rights Commission (SHRC) or National Human Rights Commission (NHRC):

If the police inaction leads to a violation of the elder’s rights or puts them in further harm, the victim or their family can approach the State Human Rights Commission (SHRC) or the National Human Rights Commission (NHRC). These bodies have the authority to investigate human rights violations, including elder abuse, and can:

• Order Police Action: The NHRC or SHRC can direct the police to take immediate action on the complaint.
• Issue Notices to Authorities: They can issue notices to the police department and other authorities involved, seeking explanations for their failure to act.
• Ensure Protection of the Elderly: These commissions can also intervene to ensure the immediate protection of the elder, preventing further abuse or neglect.

4. File a Complaint with the Police Complaints Authority:

Every state in India has a Police Complaints Authority that looks into complaints against police officers for misconduct, negligence, or dereliction of duty. If the police fail to act on an elder abuse complaint:

• Lodge a Formal Complaint: The victim or their family can file a complaint with the Police Complaints Authority. The authority will review the police’s inaction and take necessary disciplinary actions against the officers involved.
• Ensure Accountability: The Police Complaints Authority can hold the officers accountable for their failure to register the complaint, and ensure that the necessary action is taken.

5. Judicial Intervention through Writ Petition:

If all other avenues fail and the police persist in their refusal to act, the victim or their family can file a writ petition before the High Court. This is a powerful legal tool available to ensure that justice is done. Under Article 226 of the Constitution of India, a writ petition can be filed for:

• Issuing Orders for Registration of FIR: The High Court can issue orders to the police to register an FIR and take appropriate action on the complaint.
• Compensation for Dereliction of Duty: In cases of police inaction leading to harm, the court can direct compensation to the victim and order an investigation into the officers' negligence.

The High Court has wide powers to ensure the protection of the fundamental rights of individuals, and this includes ensuring that police officers fulfill their duties.

6. Filing a Complaint with the National Commission for Senior Citizens (NCSC):

The National Commission for Senior Citizens (NCSC) is a statutory body created to ensure the welfare and protection of senior citizens. If elder abuse is not addressed by the police:

• File a Complaint with NCSC: The victim or their family can approach the NCSC, which can intervene and coordinate with law enforcement to ensure that the complaint is addressed.
• Ensure Welfare and Safety: The NCSC has the power to guide authorities in ensuring that the safety of senior citizens is maintained and that the elder’s welfare is protected.

7. Legal Action for Dereliction of Duty:

In extreme cases, if police inaction results in serious harm to the victim, the officers involved can be held liable for dereliction of duty. The victim or their family can file a complaint in the Police Complaints Authority, and in serious cases, they can pursue legal action against the officers for failure to uphold their duties. Possible actions include:

• Criminal Proceedings against Police Officers: If it is proven that the police officers deliberately neglected their duty, they can face disciplinary actions, including suspension, dismissal, or even criminal prosecution.
• Compensation Claims: The victim or their family may also claim compensation for the harm caused due to the police’s negligence.

Example:

Mrs. Rani, an elderly woman, was being financially exploited by her caregiver. When her family approached the local police station to file a complaint, the police officers refused to register the case. Mrs. Rani’s family then escalated the issue to the Superintendent of Police (SP), but they still received no response. They then filed a petition in the local Magistrate's court under Section 156(3) of the CrPC, and the Magistrate directed the police to register the FIR. The police were forced to investigate the case, leading to the caregiver's arrest and the recovery of the stolen funds.

Conclusion:

If the police fail to act on a complaint, especially in cases of elder abuse or neglect, there are several legal steps available to ensure justice. These include escalating the matter to higher police authorities, approaching the Magistrate, filing complaints with human rights commissions, and even seeking judicial intervention. By understanding the legal recourse available, victims and their families can ensure that their rights are protected and that law enforcement fulfills its duty to act.