What Happens When Police Show 'Favourable Treatment' to the Accused?

A recent high court observation highlighted something many Indians quietly suspect but rarely talk about: the police sometimes treat certain accused persons more favourably than others. The court noted that local police appeared to show "respect" and preferential treatment to a politically connected person accused in an assault case.

This raises a crucial question for ordinary citizens: what happens when the police don't investigate a crime fairly? What are your rights when you believe the accused is getting special treatment?

Every accused person has constitutional rights to dignity and fair treatment. But fair treatment does not mean favourable treatment. The Constitution guarantees equality before the law, which means the police must investigate every crime with the same thoroughness, regardless of who the accused is or what their social status might be.

When police show bias in an investigation, it violates this fundamental principle. Suppose your neighbour assaults you, and when you file a complaint, the police delay the investigation because the neighbour has political connections. Or imagine the police refuse to arrest someone despite clear evidence, while they promptly arrest others for similar offences. This is not just unfair, it undermines the entire justice system.

The law provides several safeguards against biased investigations. First, you have the right to approach the court directly if the police refuse to register your complaint or investigate properly. You can file what's called a private complaint before a magistrate, who can then order the police to investigate or even bypass the police and summon the accused directly.

Second, courts have the power to monitor police investigations. If you believe the investigation is biased, you can file a petition asking the court to supervise the investigation or transfer it to another agency. The court can issue specific directions to ensure a fair probe. In serious cases, courts have even transferred investigations to independent agencies when local police appear compromised.

Third, if the investigation results in a charge sheet that appears to favour the accused, you can challenge it in court. As the complainant or victim, you have legal standing to point out gaps in the investigation, missing evidence, or witnesses who weren't questioned. The court can order further investigation or reject a closure report if it appears the police haven't done their job properly.

There's also the option of approaching higher police authorities. Every state has a Director General of Police and various senior officers who can review complaints about biased investigations. While this doesn't always work in practice, it creates an official record of your complaint.

In extreme cases of police bias or misconduct, you can file a complaint with the State Human Rights Commission or the National Human Rights Commission. These bodies have the power to investigate police actions and recommend action against erring officers.

Here's what you should actually do if you face this situation. First, document everything: keep copies of your complaint, note down the names and badge numbers of officers you interact with, and maintain a timeline of events. If possible, get witnesses to confirm delays or refusals by police to act.

Second, follow up your oral complaints with written complaints. Send these by registered post or email so you have proof of when you complained and what you said. This creates an evidence trail.

Third, don't wait indefinitely. If the police haven't acted within a reasonable time, approach a lawyer to explore filing a court petition. Time limits apply to many legal remedies, so acting promptly protects your rights.

Remember, the law is clear: no one is above it, and no one should get special treatment from those sworn to enforce it. Police officers who show bias in investigations can face departmental action and even criminal prosecution in some cases.

The principle of equality before law isn't just a nice phrase in the Constitution. It's your fundamental right, and courts take violations seriously. When police treat powerful accused persons with kid gloves while being harsh with ordinary citizens, it shakes public faith in the justice system. That's why courts step in to correct such imbalances.

If you believe you're facing a biased police investigation or that the accused in your case is receiving unfair preferential treatment, consult a verified advocate on Lex Now to understand your specific legal options and protect your rights.

This article is general legal awareness, not legal advice. Laws change and every case is different — consult a verified advocate on Lex Now for guidance on your situation.

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