If you are stuck in such a situation, here is what to do.

Priya, a student at the prestigious National Institute of Business Studies (NIBS) in Rajnagar, was attending a party celebrating a classmate’s recent job placement. The gathering was held in a hostel room, and most attendees had consumed a few drinks. As Priya was leaving, she bid farewell to a fellow student, Anjali, but inadvertently called her by the wrong name. In a sudden and shocking reaction, Anjali slapped Priya across the face twice. Immediately after, Anjali’s friend, Sunita, also approached Priya and slapped her twice.

Deeply humiliated and embarrassed, Priya fled the room in tears. Later, several mutual friends who witnessed the unprovoked assault messaged Priya, expressing their shock and sympathy. However, both Anjali and Sunita have made no effort to contact Priya or offer an apology. Her family is now seeking advice on the appropriate course of action against this act of aggression.

Advice in such cases

• Ensure Safety First: The immediate priority is to remove yourself from the hostile environment to prevent any further harm.
• Document Everything: As soon as you are in a safe space, write down every detail of the incident. This includes the date, time, location, names of the assailants, and a list of everyone who witnessed the event.
• Seek Medical Attention: Even if the injury appears minor, it is crucial to visit a doctor or a hospital. A slap can cause unseen injury. Request a Medico-Legal Certificate (MLC), as this is a vital piece of evidence in any legal proceeding.
• Report to Institutional Authorities: Since the incident occurred on campus, file a formal written complaint with the institute’s disciplinary committee, dean, or director. Educational institutions have a duty to ensure the safety of their students.
• File a Police Complaint: This act constitutes a criminal offense. Go to the local police station that has jurisdiction over the area and file a First Information Report (FIR).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Under the new Indian criminal laws, the following sections of the Bharatiya Nyaya Sanhita (BNS), 2023, are relevant:

• Section 115 of BNS, 2023 (Assault): This section deals with making a gesture or preparation with the intent to cause another person to apprehend the use of criminal force. The act of approaching and slapping falls squarely under this.
• Section 116 of BNS, 2023 (Punishment for assault or criminal force otherwise than on grave provocation): This section prescribes the punishment for assault, which can include imprisonment for a term which may extend to three months, or with a fine which may extend to one thousand rupees, or with both.
• Section 121 of BNS, 2023 (Hurt): The act of slapping someone causes “bodily pain,” which is the definition of “hurt” under this section. Voluntarily causing hurt is a punishable offense.

If you are the complainant

If you are a family member or friend helping the victim:

• Provide Emotional Support: The victim is likely feeling humiliated, scared, and confused. Your emotional and moral support is invaluable.
• Assist in Documentation: Help them calmly recall and document all the details of the incident without missing any key facts.
• Accompany Them: Go with the victim to the police station, the hospital, and the lawyer’s office. Your presence can be reassuring and helpful.
• Do Not Confront the Accused: Avoid any direct confrontation with the assailants or their friends, as this could escalate the situation or be used against you.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Preserve Evidence: Do not delete any text messages, emails, or social media communications related to the incident, especially messages from witnesses.
• Get the MLC: Insist on getting a Medico-Legal Certificate (MLC) from the doctor. It officially documents your injuries and links them to the alleged assault.
• File Formal Complaints: You must be the one to file the complaint with both the institute and the police. Your direct testimony is the primary piece of evidence.
• Be Consistent: When giving your statement to the police, the institute, and your lawyer, ensure your account of the events is consistent and factual.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In cases like this, especially those involving students from reputable institutions, the police might initially perceive it as a minor altercation. They may suggest settling the matter amicably to avoid a formal case. However, you have the right to demand that an FIR be registered. The police are legally obligated to register an FIR for a cognizable offense. Having a lawyer accompany you can ensure the police take the complaint seriously and file it under the correct sections of the BNS. Once the FIR is filed, they will commence an investigation, which includes recording statements from you, the accused, and any witnesses.

FAQs people normally have

Will pursuing this legally impact my studies or future at the institute?
The institute has a responsibility to provide a safe environment. Taking action against misconduct is your right. Any form of retaliation by the institute is illegal. A lawyer can help safeguard your interests and ensure the institute acts fairly.

Is it really worth the trouble for a couple of slaps?
While it may seem minor, physical assault is a violation of your personal dignity and safety. Pursuing legal action sends a strong message that such behavior is unacceptable and will not be tolerated. It can bring a sense of justice and closure while also acting as a deterrent for the offenders.

What if the witnesses are scared to testify?
This is a common concern. While witness testimony strengthens a case, it is not the only piece of evidence. Your testimony, the medical report (MLC), and any electronic evidence like text messages can still form a strong basis for a case. Your lawyer can advise on how to best proceed even with reluctant witnesses.

What evidence is required?

• Your Detailed Testimony: A clear, consistent account of what happened.
• Medico-Legal Certificate (MLC): Medical proof of injury, however minor.
• Witness Statements: Corroborating accounts from those who saw the incident.
• Electronic Records: Text messages or social media posts from witnesses or about the incident.
• Institutional Complaint: A copy of the formal complaint filed with the college administration.

How long will the investigation take?

As per the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police investigation and filing of the final report (charge sheet) should ideally be completed within 90 days for such offenses. However, practical delays can occur. The subsequent court proceedings can take several months to a few years, depending on the court’s caseload and the complexities involved. A proactive lawyer can help expedite the process where possible.

Advocate Sudhir Rao, Supreme Court of India