How to file an NHRC human rights complaint — complete 2026 guide

In FY 2024-25, NHRC registered 1,12,489 complaints (NHRC Annual Report tabled in Parliament, December 2025). Of these, around 42% related to police excesses, 18% to custodial death/torture, 12% to denial of services, 8% to women's rights violations, and the rest to a long tail of categories. The Commission closed about 78,000 cases in the year — most by accepting the State's ATR, around 6,200 with substantive recommendations (compensation, disciplinary action, policy directions). Average disposal time has come down from 28 months in 2018 to 14 months in 2024, but custodial deaths and women-rights cases are typically handled within 6-9 months.

The National Human Rights Commission (NHRC) is a statutory body created by the Protection of Human Rights Act 1993 (amended 2006 and 2019) to safeguard the human rights guaranteed by the Constitution and the international covenants ratified by India.

Human rights under §2(d) of the PHR Act mean rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Indian courts.

NHRC's powers under §12 include:

1. Inquire suo motu or on a petition into complaints of human rights violations or negligence by a public servant.
2. Intervene in any pending judicial proceeding involving human rights with the court's approval.
3. Visit any jail, police lock-up, juvenile home or other institution under State control.
4. Review the constitutional safeguards for human rights and recommend measures.
5. Spread human rights literacy and awareness.
6. Encourage the work of NGOs in this field.

NHRC's procedural powers under §13 are those of a Civil Court — it can summon witnesses, examine on oath, require document production, take evidence on affidavits, requisition any public record. It also has its own Investigation Division under a Director-General of Police rank officer.

The Supreme Court ruling in D.K. Basu v. State of West Bengal (1997) 1 SCC 416 — later codified into §41B-D CrPC and now §47-50 BNSS 2023 — laid down 11 mandatory guidelines for arrest and detention (proper arrest memo, naming the arrestee, informing relatives within 12 hours, medical examination every 48 hours, magistrate's inspection, etc.). Breach of any DK Basu guideline is a per-se human rights violation that NHRC can act on.

The Supreme Court in PUCL v. State of Maharashtra (2014) 10 SCC 635 laid down the post-encounter inquiry framework: every police encounter death must be FIR'd, forensically examined, magisterial inquiry conducted, and the report sent to NHRC within 3 months.

NHRC handles complaints involving:

• Custodial death or torture (highest priority).
• Police brutality, lock-up beating.
• Illegal detention, denial of arrest memo, beyond-24-hour detention without magistrate.
• Encounter killings.
• Prison conditions (overcrowding, denial of medical care, food, hygiene).
• Sexual violence by State actors.
• Discrimination by Government — caste, religion, gender, disability — in access to public services.
• Denial of medical care at public hospitals.
• Bonded labour, child labour, manual scavenging.
• Communal violence with police inaction.
• Inhuman treatment of mentally ill persons in State institutions.
• Death or injury due to negligence by public servants.

NHRC does NOT handle:

• Disputes between two private citizens (theft, boundary, civil suit) — go to police / civil court.
• Disputes between two private companies — go to consumer forum / civil court.
• Family disputes (divorce, custody, maintenance) — go to Family Court.
• Service disputes (transfer, promotion, pension) of Government employees — go to CAT / Service Tribunal.
• Matters that are sub judice in any court (NHRC will defer until court decides).
• Matters more than 1 year old without sufficient cause for delay.
• Matters under the jurisdiction of the State Human Rights Commission if that SHRC is functional and not handling it negligently.

• NHRC online portal: nhrc.nic.in → “Complaint Online” or “HRCNet” portal.
• NHRC postal address: National Human Rights Commission, Manav Adhikar Bhawan, GPO Complex, INA, New Delhi - 110023.
• NHRC fax: 011-24651329 (still functional for urgent matters).
• NHRC Mahila Helpline: 14433 (24×7 women-specific, launched 2022).
• State Human Rights Commission (SHRC) — every state has one; for complaints against State Government employees, the SHRC is often the first forum (NHRC may transfer your complaint to SHRC under §36 PHR Act).
• Email: covdnhrc@nic.in (for general queries; not the formal channel).

Speed and contemporaneous documentation are everything in human rights cases. Before filing, secure:

• Medical evidence — autopsy report, injury report, treatment papers, photos of injuries (with date stamps if possible). For custodial death, insist on autopsy at a Government Medical College in the presence of a family-nominated doctor.
• FIR / NCR / police complaint copy — even if the police downplayed the offence, the FIR copy is critical.
• Witness statements — written, signed, with witness's address and contact. Cellmates, neighbours, eye-witnesses.
• News clippings — if media covered it.
• CCTV footage — written request to police station / institution to preserve.
• Photographs / videos — date-stamped, of the scene or the injuries.
• Identity documents — of complainant and victim.
• Income proof — for the compensation calculation later.

NHRC accepts complaints in any Indian language and English. The complaint should contain:

• Your name, age, address, contact number.
• Victim's name (if different), age, address, relationship to you.
• Date, time, place of the incident.
• Detailed factual narration — chronological, in your own words.
• Names of the accused public servants — designations, posting, station.
• Names of witnesses.
• Action already taken (FIR filed? Reply received? Court approached?).
• Specific reliefs sought — independent inquiry, departmental action, compensation amount, transfer of accused officials.
• List of documents attached (annexures numbered A-1, A-2, etc.).
• Date and signature.

Affidavit on stamp paper of ₹100 is mandatory for substantive complaints (especially custodial death / torture and compensation claims). The affidavit is sworn before a Notary Public or an Oath Commissioner.

Online (preferred):

• Go to https://nhrc.nic.in
• Click “Complaint Online” → register / login (single email, OTP).
• Choose category: Custodial / Police / Prison / Health / Discrimination / Women / Child / Other.
• Fill the structured form, upload PDF of complaint + affidavit + annexures (max 10 MB total).
• Submit. Get complaint number instantly.

By post:

• Send complaint + affidavit + copies of all documents to NHRC HQ address (above).
• Use Speed Post (around ₹52) and keep the slip for tracking. Acknowledgement is received from NHRC in 7-15 days.

Within 2-4 weeks, NHRC's screening section will:

1. Accept the complaint and forward to the appropriate Section Officer / Joint Registrar.
2. Accept and direct the State Government to file an Action Taken Report (ATR) — typical SLA 60-90 days.
3. Forward to SHRC under §36 PHR Act if it is purely a State-level matter.
4. Reject as outside jurisdiction (with a reasoned order).
5. Direct its own Investigation Division to inquire (for very serious matters — custodial death, encounter, serial violations).

You will receive an order copy — keep it.

The State Government (typically the DGP / Home Secretary / Health Secretary depending on the matter) submits the ATR. Common contents:

• Internal departmental inquiry findings.
• Magisterial inquiry findings (if death involved).
• Action against errant officials (warning, suspension, dismissal, criminal prosecution).
• Compensation paid.
• Policy changes / training measures.

In many cases — especially custodial death — the first ATR is a denial: “no fault of police, death due to natural causes, allegations baseless”. This is normal. NHRC then:

• Directs the State to file a more detailed ATR.
• Calls for the actual medical / autopsy / FIR records directly.
• May depute its Investigation Wing.
• May summon the SP / DM personally.

After examining the State's ATR and any independent material, NHRC issues a proceeding order with one of the following outcomes:

• Closed — no merit (with reasoning).
• Closed — accepted ATR (if compensation already paid and action already taken).
• Closed with recommendations to the State to take further action within a specified time.
• Recommendation of compensation under §18 PHR Act — typical amounts:
  • Custodial death — ₹3 lakh to ₹10 lakh.
  • Custodial torture (survived) — ₹50,000 to ₹3 lakh.
  • Encounter killing (proved fake) — ₹5 lakh to ₹10 lakh + criminal action.
  • Illegal detention — ₹25,000 to ₹2 lakh per day.
  • Sexual violence by State actor — ₹2 lakh to ₹10 lakh + dismissal.
• Recommendation of disciplinary / criminal action against named officers.

The State Government is bound by §18(d) to inform NHRC within 1 month (extendable to 3) about action taken on the recommendation. If the State does not comply or rejects the recommendation, NHRC can:

• Submit a Special Report to the President / Governor under §20 — these are tabled in Parliament / Legislature with the State's reasons.
• Approach the Supreme Court / High Court under §18(f) for directions.
• Publish the finding (creates political pressure).

If NHRC closes your case without substantive action, or the State refuses to comply with NHRC's recommendation, your remaining route is:

• Writ in the High Court under Article 226 (substantive — directs State action).
• Writ in the Supreme Court under Article 32 for fundamental rights enforcement.
• The NHRC's order (even an adverse one) is admissible as evidence in the writ.

+------------------------------------+--------------------------------------+
| Filing the NHRC complaint          | NIL — completely free                |
+------------------------------------+--------------------------------------+
| Affidavit on stamp paper           | ₹100 (Notary fee ₹50-200 extra)      |
+------------------------------------+--------------------------------------+
| Speed Post (if filed by post)      | ~₹52                                 |
+------------------------------------+--------------------------------------+
| Limitation                         | 1 year from date of violation        |
|                                    | (extendable for sufficient cause)    |
+------------------------------------+--------------------------------------+
| Complaint number                   | Generated immediately on online file |
+------------------------------------+--------------------------------------+
| Initial scrutiny                   | 2-4 weeks                            |
+------------------------------------+--------------------------------------+
| State's ATR (custodial death)      | 24 hours (DM report) + 60 days (ATR) |
+------------------------------------+--------------------------------------+
| State's ATR (other matters)        | 60-90 days                           |
+------------------------------------+--------------------------------------+
| NHRC inquiry conclusion            | 6-14 months on average               |
+------------------------------------+--------------------------------------+
| State's compliance with NHRC       | 1 month (extendable to 3)            |
| recommendation                     |                                      |
+------------------------------------+--------------------------------------+
| Compensation (custodial death)     | ₹3,00,000 - ₹10,00,000               |
+------------------------------------+--------------------------------------+
| Compensation (custodial torture)   | ₹50,000 - ₹3,00,000                  |
+------------------------------------+--------------------------------------+
| Compensation (encounter, fake)     | ₹5,00,000 - ₹10,00,000               |
+------------------------------------+--------------------------------------+
| Compensation (illegal detention)   | ₹25,000 - ₹2,00,000 per day          |
+------------------------------------+--------------------------------------+
| Mahila Helpline (24x7)             | 14433                                |
+------------------------------------+--------------------------------------+
| RTI to PIO NHRC                    | ₹10 by IPO. BPL = free.              |
+------------------------------------+--------------------------------------+

• Custodial death — DM must report to NHRC within 24 hours; autopsy in presence of NHRC observer / videographed; ATR within 2 months.
• Custodial torture / rape — same SLA as above.
• Encounter killing — police must file FIR; magisterial inquiry within 3 months; report to NHRC.
• Death of pregnant woman or infant at public hospital due to negligence — separate fast-track maternal mortality cell.
• Mental health institution death — separate inquiry under §22 Mental Healthcare Act + NHRC.
• Children in conflict with law — NHRC fast-tracks complaints involving juveniles.

• Insufficient documentary proof. NHRC is a quasi-judicial body — it acts on evidence. A complaint that says “police beat my brother” without a medical record, witness statement, or FIR copy will be closed for want of material. Build the file before filing.
• State Government's formulaic denial ATR. Most first ATRs in custodial cases say “death due to natural causes / allegations false”. You must rebut with detailed counter-affidavit with evidence; NHRC then probes deeper.
• Court case pending bar. If you have already filed a writ in the High Court / Supreme Court on the same matter, NHRC defers under §36(2). File NHRC before the writ, or include a statement that no parallel proceedings are pending.
• Time-barred. §36(2) bars NHRC from inquiring into matters more than 1 year old. The bar is read strictly. If the violation is older, you must show continuing cause (the family is still being denied compensation, the body is still in custody, the inquiry is still pending) — and file within 1 year of the latest continuing instance.
• Identity / safety of complainant. NHRC accepts third-party complaints (e.g., a journalist, NGO, or PUCL filing on behalf of victim) — but the substantive evidence must still come from the victim or witnesses. NHRC can keep complainant's identity confidential where retaliation is feared.
• Section 19 (armed forces) bar. §19 PHR Act restricts NHRC's powers regarding armed forces complaints — NHRC can only seek a report from the Centre and make recommendations; no direct inquiry. CRPF, BSF, ITBP, Assam Rifles are also limited under amendments.
• State HRC overlap. If the SHRC is already seized, NHRC will transfer or close. Check first.
• Perceived bias by NHRC against complainant. Rare but documented in some cases — particularly when the violation involved senior IAS / IPS officers. Escalation to SC writ is the only path then.

If the case has been pending more than 6 months without movement, send a written follow-up to the Joint Registrar (Law) at NHRC HQ with the complaint number. Many cases just need a nudge.

For chronic stalling or perceived inaction, write to the NHRC Chairperson (a former Chief Justice of India or SC judge). The Chairperson's office triages high-profile matters.

If your complaint has been transferred to or originated at the SHRC and the SHRC is dysfunctional, file a parallel NHRC complaint citing the SHRC inaction; NHRC has supervisory jurisdiction.

For fundamental rights enforcement, file a writ directly in the Supreme Court. This is used for: gross human rights violations where NHRC has been bypassed or has failed; large-scale issues (e.g., encounter killings in a region); custodial death where the State is non-cooperative. The PUCL, Common Cause, NLU human rights clinics, and many senior advocates file pro bono.

For state-specific matters where the NHRC has closed your case, the High Court can independently direct compensation, FIR, CBI inquiry, etc. Many landmark custodial death judgments have come through this route.

pgportal.gov.in → Ministry of Home Affairs → for police excesses; or → Ministry of Health for hospital-related; or → Ministry of Tribal Affairs for community-based violations. Useful for parallel administrative pressure.

NHRC is a public authority under §2(h) RTI Act 2005 — confirmed by CIC in Khanwalkar v. PIO NHRC (2007) and consistent thereafter. State HRCs are also public authorities under their own State RTI mechanisms.

RTI helps here when:

• Your NHRC complaint has been registered but no movement for many months — RTI to PIO NHRC for: current status, file location, name of dealing officer, dates of any directions issued, ATR received from State.
• The State Government has filed an ATR but you don't have access to it — RTI to PIO NHRC for the copy of the ATR (it is a public record once filed).
• NHRC has closed your case and you want to know the basis — RTI for the closure order with reasoning, and any internal note.
• You want policy data — total custodial deaths in your State in last 5 years, total NHRC compensation paid, list of police stations with most complaints — useful for media and advocacy.
• The State has not paid the recommended compensation — RTI to PIO of the State Home Department for: copy of payment order, payment date, mode (DD / RTGS).

RTI does NOT help here when:

• You want NHRC to act faster — RTI gives you information, not commands. To accelerate, write to the Chairperson or file Article 32.
• You want identity of witnesses in another complainant's case — protected as personal information.
• You want NHRC's internal deliberations before an order is signed — generally exempt under §8(1)(j) and §8(1)(g).
• You want to overturn an NHRC closure — that requires a writ, not RTI.
• The matter is sub judice in a court — both NHRC and the court will refuse to share material that may prejudice trial.

For police-side issues (FIR not registered, NCR converted to FIR), the more direct route is the dedicated guide RTI for FIR not registered.

Q. Can I file an NHRC complaint about a private company's wrongdoing?
Generally no. NHRC's mandate is human rights violations by public servants. However, NHRC has acted in cases involving private actors where the State has failed to protect (e.g., bonded labour at a private brick kiln; communal violence by mobs with police inaction). The hook is State complicity or omission.

Q. The accused is from the armed forces — can NHRC act?
Limited. Under §19 PHR Act, NHRC can seek a report from the Central Government regarding armed forces complaints and make a recommendation, but cannot inquire directly. The Central Government must inform NHRC of action taken within 3 months. Recent amendments have somewhat broadened NHRC's reach to paramilitary, but armed forces proper (Army, Navy, Air Force) remain restricted.

Q. Can I file NHRC complaint anonymously?
Anonymous complaints are accepted but treated as “information” rather than complaints — NHRC may take suo motu action if the substance is serious and substantiated. For substantive proceedings, your identity should be on record (with confidentiality protections if requested).

Q. Is NHRC compensation in addition to court compensation?
Yes — NHRC compensation is a distinct remedy under §18 PHR Act. It does not bar parallel civil suit or writ for additional damages. However, if you accept NHRC compensation as “full and final settlement”, later civil claims may be barred (read the order carefully).

Q. Can NHRC order arrest of an officer?
No. NHRC's powers are recommendatory (§18). It cannot directly arrest or punish. It can recommend the State to do so, and approach a court for enforcement directions.

Q. Can NHRC inquire into an old encounter (5-10 years back)?
Limited by §36(2) — generally 1-year bar. Exception: where new evidence emerges (e.g., a witness comes forward, a CBI inquiry concludes), NHRC can be petitioned to take cognizance afresh.

Q. How do I check the status of my NHRC complaint?
Login to nhrc.nic.in → “Track Complaint” → enter complaint number. Status updates are provided. For detailed status (orders, ATR), file an RTI to PIO NHRC.

Q. The Mahila Helpline 14433 — what does it do?
Launched 2022 as 24×7 helpline for women's human rights complaints. Counsellors can guide on filing, refer to local NGOs, fast-track NHRC registration. Particularly useful for custodial sexual violence and domestic violence cases.

Q. Can the State Government refuse to comply with NHRC's recommendation?
Legally yes — recommendations are not binding. But the State must give reasons within 1 month. NHRC can then escalate via Special Report to the President/Governor (tabled in Parliament/Legislature) or move the High Court / SC. Most State Governments do comply on at least the compensation aspect — refusing creates political fallout.

Q. Should I file with NHRC or SHRC?
Both are available. Rule of thumb:

• If the violation involves Central Government employees (CRPF, BSF, Railway Police, Customs, etc.) — NHRC.
• If the violation involves State Government employees (State Police, State hospital, State school, municipal) — SHRC works, but you can also file NHRC which has supervisory jurisdiction.
• For high-visibility matters (custodial death, mass violence), file NHRC for political weight.
• For routine matters, SHRC may be faster (smaller pendency).

• RTI for FIR not registered — police-side issues
• How to file a domestic violence complaint under PWDVA 2005
• How to apply for legal aid — free lawyer through DLSA / NALSA
• RTI in 12 simple steps — for first-time filers
• All Indian government helplines — one master directory
• RTI forms + state-wise fee chart

Last reviewed: 26 April 2026 by RTI Wiki editorial team. NHRC procedures are updated periodically — verify current online portal interface, fee structure and SHRC contact details on nhrc.nic.in or write to admin@bighelpers.in if you spot a stale reference.