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

A disturbing incident was recently shared where an individual felt shaken and harassed after a late-night encounter with the police. The incident occurred in Navipur when a man named Rohan was out with his cousin, Sameer, late at night. Sameer had consumed some alcohol and, unbeknownst to Rohan, had arranged to meet a call girl.

While they were walking through the lanes of the Chandni Nagar area, two policemen on a motorcycle intercepted them. Without any provocation or explanation, the officers forcibly confiscated their mobile phones and began using abusive language. A call came through on Sameer’s phone, which one of the officers answered, pretending to be Sameer. The police then forced the two cousins to accompany them to a nearby building where they believed the woman was located. However, she saw the police and went into hiding, and the officers were unable to find her.

Following this, both Rohan and Sameer were taken to a local police chowki. There, the officers conducted an intrusive and illegal search of their phones, examining all applications, chat histories, call logs, and personal photos. Rohan’s phone contained nothing incriminating. After some time, the police informed Rohan he could leave but detained Sameer.

After hours of pleading, the officers demanded a significant sum of money as a bribe to release Sameer. Through negotiation, the amount was reduced. The police refused a digital payment and instructed Rohan to go to a nearby hotel and give the cash to a third party, from whom they would collect it later. They also took down Rohan’s phone number and address, though he provided a fake address out of fear.

This experience highlights a situation of power abuse and extortion. The individuals were not caught in the act of committing any crime; they were merely walking when they were targeted. Such incidents can leave a person feeling helpless and violated.

Advice in such cases

If you find yourself in a similar situation, it is crucial to know how to react to protect your rights.

• Remain as calm as possible. Panicking can escalate the situation.
• Do not admit to any wrongdoing, especially if no illegal act has been committed. Merely contacting someone is not a crime.
• Try to remember the details of the police officers, such as their names, badge numbers, and the registration number of their vehicle.
• Firmly but politely refuse to pay any bribe. State that you are willing to follow the legal procedure if you have committed any offense.
• Do not hand over your phone. Police require a warrant or a proper legal basis under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to search your personal devices.
• 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

Understanding the relevant laws is essential. Under the new legal framework, several provisions apply to such scenarios:

• Wrongful Confinement (Section 363 of Bharatiya Nyaya Sanhita, 2023): Detaining you at a police post without a valid reason or formal arrest constitutes wrongful confinement, which is a punishable offense.
• Extortion (Section 326 of BNS, 2023): Forcing someone to pay money under the threat of injury or false legal action is extortion. The police officers’ demand for a bribe falls squarely under this section.
• Offences by Public Servants (Prevention of Corruption Act, 1988): Section 7 of this Act makes it an offense for a public servant to demand or accept a bribe as a motive or reward for performing (or forbearing to perform) an official act.
• Criminal Intimidation (Section 351 of BNS, 2023): Threatening you with injury to your person, reputation, or property to cause alarm is criminal intimidation.
• Right to Privacy: The Supreme Court, in the K.S. Puttaswamy judgment, has affirmed the Right to Privacy as a fundamental right. An arbitrary search of your mobile phone is a violation of this right.

If you are the complainant

If you have been a victim of such police misconduct and wish to take action, here are the steps you can follow:

• Gather all possible evidence, such as the location, time, details of the officers, and any transaction records if a bribe was paid.
• 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.
• Draft a formal complaint detailing the entire incident and submit it to senior police officials, such as the Deputy Commissioner of Police (DCP), Commissioner of Police, or the Superintendent of Police (SP).
• You can also file a complaint with the State Police Complaints Authority, an independent body designed to handle grievances against police misconduct.
• An effective remedy is to file a private complaint before the jurisdictional Magistrate under Section 220 of the Bharatiya Nagarik Suraksha Sanhita, 2023, accusing the police officers of extortion, wrongful confinement, and other offenses.

If you are the victim

When you are in the midst of such an encounter, your actions can make a significant difference.

• Do not engage in a physical altercation or become aggressive. However, you can verbally and firmly assert your rights.
• Ask the officers for their identification and the reason for your detention. State clearly that you are not consenting to a search of your phone without a warrant.
• If your phone is taken, do not delete any call logs, messages, or other data afterward, as it could serve as crucial evidence of the timeline of events.
• As soon as you are in a safe place, document everything that happened in writing while the details are still fresh in your mind.
• 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

The behavior described in the incident follows a common pattern of harassment and extortion employed by some corrupt officials:

• They often target individuals or couples late at night in isolated areas, assuming they are vulnerable.
• They use intimidation, verbal abuse, and threats of filing false cases (like public nuisance under Section 292 of BNS or charges under the Immoral Traffic (Prevention) Act) to create fear.
• Confiscating and searching mobile phones is a tactic to find something, anything, that can be used as leverage for extortion.
• They often separate individuals to prevent them from supporting each other and to increase psychological pressure.
• The demand for a “fine” or “settlement” is a classic sign of a bribe. They will almost always refuse digital payments to avoid leaving a paper trail.

FAQs people normally have

What evidence is required?

To file a complaint against police officers for such misconduct, the following evidence can be crucial:

• Your detailed testimony and that of any witness (like the cousin in this story).
• Call data records from your service provider to establish your location and the time of the incident.
• CCTV footage from nearby ATMs, shops, or buildings can corroborate your presence and the police interaction.
• Any details you noted about the officers, such as names, badge numbers, or the police vehicle’s registration number.
• If a bribe was paid to a third party via UPI or another digital method, the transaction record is powerful evidence.
• Your phone number and the fake address you provided can also be part of the narrative to show coercion.

How long will the investigation take?

The timeline for resolving such matters varies greatly.

• A departmental inquiry, initiated after a complaint to senior officers, can be relatively quick, sometimes concluding within a few weeks or months, especially if there is media attention or pressure from higher authorities.
• A criminal case filed via a private complaint in court will take much longer. The judicial process, including investigation, evidence collection, and trial, can extend over several years due to the backlog in the court system. However, pursuing it is essential for holding the guilty officers accountable.

Advocate Sudhir Rao, Supreme Court of India