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, a small business owner from City A in Area Y, was approached by unknown criminals demanding extortion money. When he refused to comply with their illegal demands, the perpetrators shot him multiple times, causing severe injuries to his head and abdomen. Mr.X was immediately rushed to a private hospital in City B where he remains in critical condition in the ICU. His family approached us seeking legal guidance on obtaining medical aid, claiming compensation, and ensuring the criminals face justice. The case involves multiple serious offenses including extortion, attempted murder, and grievous hurt. The family was struggling with mounting medical expenses while Mr.X fought for his life, making immediate legal intervention crucial for both criminal prosecution and civil remedies.

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.

• File FIR immediately with complete details of the extortion demand and shooting incident
• Preserve all medical records and hospital bills for compensation claims
• Apply for victim compensation from state authorities without delay
• Ensure proper police protection for family members who may face threats

Applicable Sections of Law

This case involves multiple serious offenses under the Bharatiya Nyaya Sanhita (BNS). Section 308 BNS covers extortion which carries punishment up to three years imprisonment. Section 109 BNS addresses attempted murder with life imprisonment or ten years punishment. Section 322 BNS deals with voluntarily causing grievous hurt. Section 61 BNS covers criminal conspiracy when multiple accused are involved. Under BNSS, victim compensation provisions under Section 355 ensure financial support for medical treatment and rehabilitation. These sections provide comprehensive coverage for prosecution and victim relief in such serious criminal cases.

If You Are the Complainant

• File detailed FIR mentioning extortion demand, refusal, and subsequent shooting with exact timeline
• Provide complete medical records showing extent of injuries and ongoing treatment requirements
• Submit written complaint to District Collector for immediate victim compensation under state schemes
• Maintain record of all expenses including medical bills, transportation, and loss of income
• Request police protection for family members and witnesses who may face intimidation

If You Are the Victim

• Focus primarily on medical treatment while family handles legal formalities with lawyer’s guidance
• Provide detailed statement to police about extortion demands and threats when medically stable
• Authorize family members to act on your behalf for compensation applications and legal proceedings
• Maintain all medical documentation for future compensation claims and disability assessments
• Consider counseling support for trauma recovery alongside physical treatment and rehabilitation

How the Police Behave in Such Cases

Police typically treat such cases seriously due to the grave nature of attempted murder and extortion. They usually register FIR promptly and begin investigation immediately. However, they may initially focus on the shooting aspect while potentially overlooking the extortion angle. Police often require detailed medical reports before proceeding with charges. They may delay arrests if accused are influential or connected. Continuous follow-up with investigating officer becomes essential for proper investigation and timely action.

FAQs People Normally Have

• Can we claim compensation while criminal case is pending? Yes, victim compensation is independent of criminal case outcome and can be claimed immediately.
• What if we cannot afford private hospital treatment? State victim compensation covers medical expenses, and you can transfer to government hospital if needed.
• How much compensation can we expect? Depends on injury severity, treatment costs, and state guidelines, typically ranging from Rs. 1-10 lakhs.
• What if accused threaten us again? Inform police immediately and request protection under witness protection schemes available.

What Evidence Is Required?

• Medical records showing extent of gunshot injuries and treatment details
• Hospital bills and payment receipts for compensation claims
• Witness statements of extortion demands and shooting incident
• CCTV footage from business premises or nearby areas if available
• Phone call records if extortion demands were made telephonically
• Business income records to prove financial loss and earning capacity
• Forensic evidence including ballistics report and crime scene analysis

How Long Will the Investigation Take?

Investigation in such serious cases typically takes 3-6 months for completion. Police need time for medical report compilation, witness recording, and accused identification. Ballistics examination and forensic analysis may extend timeline. Court proceedings can take 2-3 years for final judgment. However, victim compensation applications are processed within 2-3 months of filing with proper documentation.

Advocate Sudhir Rao, Supreme Court of India