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

Recently, a disturbing incident came to light where a passenger, Mr. Alok Verma, was travelling on the Pragati Express. A prominent political figure, Mr. Suresh Sharma, requested Mr. Verma to exchange his window seat. Upon Mr. Verma’s polite refusal, associates of Mr. Sharma allegedly boarded the coach at the next station in the city of Janakpuri and physically assaulted him. The politician later claimed that Mr. Verma had misbehaved, but video clips of the incident circulated widely on social media. This event highlights a critical concern for the safety of ordinary citizens in public spaces, especially when confronted by individuals wielding influence and power. It raises important questions about a citizen’s right to self-defense, the legal recourse available, and the duties of law enforcement in such scenarios.

Advice in such cases

If you find yourself in a similar situation, your immediate priority is your safety. Here are some steps to consider:

• Prioritize Safety: Do not escalate the confrontation. If possible, move away from the aggressors and seek help from railway staff, Railway Protection Force (RPF), or other passengers.
• Document Everything: If it is safe to do so, use your phone to record the incident. Note down the time, date, train number, coach number, and a description of the individuals involved.
• Seek Medical Attention: If you are injured, get medical help at the earliest. A medical report (MLC – Medico-Legal Case) from a government hospital is crucial evidence.
• Report the Incident: As soon as possible, file a complaint with the Government Railway Police (GRP) or the RPF. You can also file a Zero FIR at any police station if you are unable to file it with the railway police immediately.
• 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 laws, several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) can be invoked in such cases:

• Section 115 of BNS (Causing Hurt): This section deals with voluntarily causing bodily pain, disease, or infirmity to any person. The punishment can be imprisonment for up to one year, a fine, or both.
• Section 117 of BNS (Causing Grievous Hurt): If the assault results in a serious injury, such as a fracture or permanent disfigurement, this more stringent section applies, carrying a punishment of imprisonment up to seven years and a fine.
• Section 139 of BNS (Wrongful Restraint): If the assailants prevent you from moving in a direction you have a right to proceed, it constitutes wrongful restraint, which is a punishable offense.
• Section 351(3) of BNS (Criminal Intimidation): If the assailants threaten you with injury to compel you to do something you are not legally bound to do (like giving up your seat), it amounts to criminal intimidation.

If you are the complainant

If you decide to press charges and become the complainant, the process involves several key steps:

• Filing the FIR: The first step is to file a First Information Report (FIR) with the police. Provide a clear, chronological account of the incident. Insist on receiving a free copy of the FIR.
• Medical Examination: Ensure a proper medical examination is conducted to document your injuries. This Medico-Legal Case (MLC) report is a vital piece of evidence.
• Preserve Evidence: Keep all evidence safe, including video recordings, photographs of injuries, tickets, and contact information of any witnesses.
• Follow up: Stay in touch with the Investigating Officer (IO) assigned to your case to track the progress of the investigation.
• 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. A lawyer can guide you through the entire process, from filing the FIR to representing you in court, ensuring your rights are protected against influential accused persons.

If you are the victim

As the victim, your well-being is paramount. Here’s what you should focus on:

• Immediate Safety: Your first priority is to get to a safe place and away from the aggressors.
• Medical Care: Seek immediate medical attention for any injuries, no matter how minor they seem. This is crucial for both your health and for legal purposes.
• Inform Your Family: Contact your family or friends and inform them about the incident and your whereabouts.
• Report the Crime: Do not be intimidated into silence. Reporting the crime is the first step towards justice. You can call the police helpline or go to the nearest police station.
• 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. An advocate can provide crucial support and ensure the police take your complaint seriously.

How the police behave in such cases

Police response can vary. In cases involving influential individuals, there might be initial reluctance to register an FIR or a tendency to downplay the incident. They might suggest a “compromise.” However, under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police are obligated to register an FIR for a cognizable offense. If they refuse, you can send a written complaint to the Superintendent of Police (SP). If no action is taken, your lawyer can file an application under Section 175(3) of the BNSS before the Magistrate, who can then direct the police to register the FIR and investigate the matter.

FAQs people normally have

Can authorities act suo motu on viral video evidence if the victim doesn’t file an FIR?
Yes. If a video or other evidence reveals the commission of a cognizable offense (an offense for which police can arrest without a warrant, like assault), the police can take suo motu cognizance and register an FIR on their own, even without a formal complaint from the victim.

What self-defense items are legal to carry in India?
The law on self-defense tools is nuanced. Pepper spray is generally considered legal for self-defense purposes, particularly for women’s safety. However, carrying items like sharp-edged knives (beyond a certain blade length), tasers, or brass knuckles can attract provisions of the Arms Act, 1959. It is generally illegal to carry these items in public transport like trains and airports, where security checks are stringent.

Should politicians and their aides face harsher penalties?
While the law is the same for everyone, the abuse of a position of power can be considered an aggravating factor by the court during sentencing. The act of using influence to intimidate or harm a citizen is a serious breach of public trust, and courts can take this into account while deciding the quantum of punishment.

What evidence is required?

To build a strong case, the following evidence is crucial:

• Medico-Legal Case (MLC) report detailing the injuries.
• Photographs or videos of the incident and injuries.
• Testimony of the victim.
• Testimony of eyewitnesses (co-passengers, railway staff).
• CCTV footage from the railway station or train coach.
• Your train ticket as proof of travel.

How long will the investigation take?

There is no fixed timeline for an investigation. It depends on the complexity of the case, the evidence available, and the cooperation of witnesses. However, the new Bharatiya Nagarik Suraksha Sanhita (BNSS) has introduced timelines for various stages of the criminal process to expedite justice. For instance, it mandates that the chargesheet should ideally be filed within 90 days of the arrest. A good lawyer can file applications to expedite the investigation if there are undue delays.

Advocate Sudhir Rao, Supreme Court of India