One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X was playing with three friends including two minors in Area X around 11:30 PM when police personnel approached them. The group was making some noise which may have led to neighbor complaints. When the police officer instructed Mr. X to go home, he politely asked for the reason behind this instruction. Instead of providing a proper explanation, the police officer became rude and aggressive in his response. Mr. X wondered whether he had the right to question police actions and seek clarification when he had committed no apparent wrongdoing. This incident raises important questions about police conduct during night patrolling and citizens’ fundamental rights during such encounters.

Advice in Such Cases

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 to 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.

Always remain calm and cooperative during police interactions, even if officers are being unreasonable. Document the incident immediately with details of time, location, and officer’s behavior. You have the right to ask for officer’s name and badge number politely. If harassment continues, file a complaint with senior police officials or approach the magistrate court.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 132 deals with police misconduct and harassment of citizens. Section 224 of BNS covers criminal intimidation which includes threatening behavior by public servants. Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 35 outlines police powers during patrolling and questioning. Section 179 of BNSS mandates that police must provide reasons for their actions when questioned by citizens. These laws ensure balanced approach between maintaining law and order while protecting citizen rights during police encounters.

If You Are the Complainant

• File written complaint with Station House Officer detailing the misconduct incident
• Approach Superintendent of Police if local station doesn’t respond appropriately
• Submit complaint to State Human Rights Commission for police harassment cases
• Collect witness statements from people present during the incident
• Maintain all communication records and response receipts for future reference

If You Are the Victim

• Know your fundamental rights and never allow police to intimidate you without valid reasons
• Always ask politely for officer identification and reason for questioning or instructions
• Record the conversation if possible but inform the officer about recording
• Contact family members or friends to inform them about police interaction immediately
• Seek immediate medical attention if physically harassed and obtain medical certificate

How the Police Behave in Such Cases

During night patrolling, police often become overly aggressive to maintain area control and prevent potential criminal activities. They may ask citizens to disperse without proper explanation, assuming compliance without question. Many officers lack proper training on citizen interaction protocols. However, professional police officers should provide clear reasons for their instructions and maintain respectful communication. Departmental policies usually emphasize courteous behavior, but ground reality sometimes differs from official guidelines.

FAQs People Normally Have

Can police ask me to go home without reason? Police need valid justification under BNSS to restrict citizen movement in public spaces.

Do I have right to question police actions? Yes, citizens have constitutional right to seek explanation for police actions affecting them.

What if police become rude during questioning? Document the behavior and file complaint with senior officials as rudeness violates service conduct rules.

Can I record police conversation? Recording is legal but inform the officer about recording to avoid misunderstanding.

What Evidence Is Required?

• Video or audio recording of the police interaction incident
• Witness statements from people present during the encounter
• Police officer’s badge number and identification details
• Exact time, date and location documentation of the incident
• Medical certificate if physical harassment occurred during interaction
• Written complaint submission receipts and acknowledgment documents
• Any photographs showing injury or distress caused by police behavior

How Long Will the Investigation Take?

Police misconduct complaints typically take 30-60 days for preliminary investigation. Senior officials usually respond within 15 days of complaint filing. Human Rights Commission cases may take 3-6 months for resolution. Court proceedings, if necessary, can extend from 6 months to 2 years depending on case complexity and evidence quality.

Advocate Sudhir Rao, Supreme Court of India