Assault Victim Case Fatigue FIR Legal Process Maharashtra

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.

TL;DR: You don't need to chase the police every day. Once the FIR is filed and the panchnama is done, the investigation is the Investigating Officer's (IO) job. You'll be called for statements and to identify evidence, but you can't and shouldn't withdraw. Protect yourself against a possible counter-complaint by keeping all your evidence safe and not contacting the other side.

Nothing prepared Rohan Gupta for what happened on a quiet evening in April 2025. His dog had been hit by a bike near a dhaba in the Gomti Nagar area of Lucknow. He asked for water. Things escalated. Rohan was beaten by a group. His phone was snatched, and the video he'd recorded was deleted before it was thrown back at him. Rohan filed an FIR that same night at the Gomti Nagar police station, but the process was draining him. Repeated visits. Questions. No clear answers. That's when he approached the Chamber of Advocate Sudhir Rao. He felt stuck. He was told to attend the spot where he was beaten for a panchnama, where police recovered the stick used in the assault. The office of Advocate Sudhir Rao guided him through the procedure — what to attend, what to say, and, crucially, what not to do. The specialized handling meant Rohan understood his obligations without adding more stress. He knew exactly where he stood.

Key Facts of the Case

• Rohan Gupta was physically assaulted, his phone snatched, and evidence deleted.
• FIR was filed under sections of BNS including assault and criminal intimidation.
• The IO conducted a spot panchnama and recovered the weapon (a stick).
• The other side has offered INR 30,000 for a settlement.
• Rohan's primary concern was reducing personal involvement without derailing the case.
• The office of Advocate Sudhir Rao advised a structured, step-by-step approach to deal with the investigation.

The Direct Legal Answer

Can I reduce my involvement without derailing the case?

Yes. The investigation is the IO's responsibility. You are a witness and the complainant. You must cooperate when called, but you don't need to visit the station every day. The IO will call you to record your statement under Section 183 BNSS (formerly 161 CrPC) and to identify evidence like the recovered stick. If you are asked to come unnecessarily, you can politely ask for the purpose in writing.

Can the other side file a counter or false complaint?

Absolutely possible. This is a common tactic. Protect yourself now: do not go near the other side, do not speak to them, and if they threaten you, inform the IO immediately. Keep every shred of evidence — your medical records, the FIR copy, photos of injuries, and any witnesses' contact details. A false counter-complaint can be challenged later with strong documentary proof.

What are the next steps after the panchnama?

The IO will now prepare a final report (chargesheet) if enough evidence is gathered. You may be called to identify the accused in a test identification parade if they are not known to you. The timeline varies, but typically the IO has 60-90 days to file the chargesheet. You can check progress by visiting the police station once every 15-20 days or by calling the IO.

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.

Do not engage in any settlement talk without your advocate present. The offer of INR 30,000 might seem tempting, but it could be used against you later if the case goes to trial. Remember: this type of criminal matter involves nuanced procedural steps — from managing the IO to handling a potential counter-complaint. An advocate who regularly handles assault and criminal intimidation cases will know how to present your evidence effectively and avoid procedural pitfalls that general practitioners may overlook.

Applicable Sections of Law

• Section 115(2) BNS (Voluntarily causing hurt): Covers the actual assault.
• Section 118 BNS (Voluntarily causing grievous hurt): Applicable if the injuries are serious.
• Section 308 BNS (Criminal intimidation): For the threat aspect.
• Section 305 BNS (Theft): For the snatching of the phone.
• Section 183 BNSS: Police power to examine witnesses during investigation.

Punishment and Penalties

• Section 115(2) BNS: Imprisonment up to 1 year, or fine up to Rs. 5,000, or both. Cognizable, bailable, compoundable.
• Section 118 BNS: Imprisonment up to 7 years, and fine. Cognizable, bailable, non-compoundable if the injury is grievous.
• Section 308 BNS: Imprisonment up to 2 years, or fine, or both. Cognizable, bailable, compoundable.
• Section 305 BNS: Imprisonment up to 3 years, or fine, or both. Cognizable, non-bailable.

Jurisdiction — Where to File the Case

The FIR must be filed at the police station where the assault occurred — in Rohan's case, Gomti Nagar Police Station in Lucknow. The trial will happen in the court of the Judicial Magistrate First Class (JMFC) having territorial jurisdiction over Gomti Nagar. Jurisdiction is key because if the case is filed in the wrong police station, the investigation can be delayed or transferred, causing unnecessary hassle.

What if Police Refuse to File FIR?

• Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint.
• If the SP doesn't act, file a private complaint before the Magistrate under Section 175(3) BNSS.
• The Magistrate can order an investigation under Section 176 BNSS.
• In extreme cases, a writ petition can be filed before the High Court under Article 226 of the Constitution.

Rights of the Accused

• Right to remain silent — no one can be compelled to be a witness against themselves (Article 20(3)).
• Right to legal representation at the time of arrest (Article 22(1)).
• Right to be produced before a Magistrate within 24 hours of arrest (Article 22(2)).
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to bail, depending on the nature of the offence.

Bail Provisions

• For bailable offences under Section 115(2) BNS, bail is a right; the police or court must grant it.
• For non-bailable offences under Section 118 BNS, regular bail can be applied under Section 480/483 BNSS before the Sessions Court or High Court.
• Anticipatory bail under Section 482 BNSS is available for non-bailable offences if the accused apprehends arrest.
• Bail conditions often include a bond, sureties, and an undertaking not to tamper with evidence or threaten witnesses.

Quashing of FIR / Case

Quashing of an FIR is possible under Section 528 BNSS (inherent powers of the High Court). Grounds include: the FIR does not disclose any cognizable offence, the allegations are absurd, or the matter is purely civil. However, quashing is rarely granted in cases involving actual physical assault. It is a remedy for the accused, not the complainant.

If You Are the Victim

• Cooperate with the IO, but don't be a pushover. Ask for a written notice for every station visit.
• Keep a diary of events — dates, times, what was said. This helps your advocate.
• Do not delete anything from your phone or social media. Preserve all communication.
• If the other side threatens you, file a separate complaint with the IO immediately.
• Check with the IO once every 2-3 weeks about the status of the chargesheet.

Documents You Must Keep Ready

• Copy of the FIR with your signature.
• Medical reports and bills from the hospital where you were treated.
• Photographs of injuries taken immediately after the assault.
• Any CCTV footage or mobile video (even if deleted, the metadata can be useful).
• Witness names and contact details.
• Aadhaar and PAN for identification.
• Panchnama report copy (ask the IO for a copy).

What Evidence Is Required?

• Direct evidence: Your eyewitness testimony. The IO will record it under Section 183 BNSS.
• Documentary evidence: FIR, medical report, panchnama, photographs.
• Electronic evidence: Phone call logs, text messages, social media posts by the accused.
• Recovered material: The stick recovered during the panchnama — this is a crucial piece of physical evidence.
• Secondary evidence: Testimony of witnesses who saw the assault or the aftermath.

How the Police Behave in Such Cases

Police are generally receptive to genuine assault complaints, but they often try to close the case as a "compromise" if the injuries are minor. They may pressure you to accept a settlement. Stand your ground. The police have a duty to investigate. If you feel the IO is not acting fairly, complain to the Station House Officer (SHO) or the SP. Be polite but firm.

Timeline of Legal Process

• FIR: Filed on the day of the incident.
• Investigation: 60-90 days to file chargesheet. Panchnama done within first week.
• Cognizance: Magistrate takes cognizance of the chargesheet — 1-2 months.
• Framing of charges: 2-3 months after cognizance. Accused pleads guilty or not guilty.
• Trial: 6-12 months for a simple assault case. Witnesses are examined.
• Judgment: 2-3 months after trial ends.
• Appeal: If convicted, accused can appeal to Sessions Court — another 6-12 months.

How Long Will the Investigation Take?

The IO is expected to complete the investigation and file a chargesheet within 60 days if the accused is in custody, or 90 days if the accused is not in custody. If the IO fails to do so, the accused can seek default bail under Section 197 BNSS. For the victim, the wait can feel long, but patience is key.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

If the assault is a bailable, compoundable offence like Section 115(2) BNS, the parties can settle before a Lok Adalat or through a compromise deed. But if the offence is non-compoundable (like Section 118 BNS with grievous hurt), the court may not accept a settlement. In Rohan's case, the other side offered INR 30,000. That is a personal call, but any settlement should be documented and approved by a court to prevent future complications. Do not accept cash under the table — it can be used to allege extortion.

Common Mistakes People Make

• Delay in filing FIR: Waiting days to file the FIR weakens the case. File immediately.
• Deleting evidence: Never delete photos, videos, or messages. They can be retrieved by forensic experts.
• Engaging a lawyer without relevant experience: An assault and criminal intimidation case has its own procedural nuances — from handling the IO to preserving electronic evidence. A general practitioner may miss crucial steps like getting a proper panchnama or challenging a shoddy investigation. An advocate who regularly handles such matters can streamline the process and avoid costly errors.
• Speaking to the other side directly: Do not engage in any conversation without your advocate present. Anything you say can be twisted and used in a counter-complaint.
• Posting on social media: Do not discuss your case publicly. It can prejudice the investigation and harm your credibility.
• Ignoring threats: If the other side threatens you, report it immediately. Failure to do so can be seen as condonation.

FAQs People Normally Have

Can the police force me to compromise?

No. The police cannot force you to compromise. If they try, you can complain to the SP or file a complaint before the Magistrate. Your consent is your own.

What if the IO doesn't call me at all?

That is suspicious. The IO should record your statement. If they don't, it could mean they are trying to close the case. Visit the station and ask about the investigation's status in writing.

Can I get a copy of the panchnama?

Yes. You are entitled to a copy of the FIR and any documents collected during the investigation. Ask the IO for a copy. If they refuse, your advocate can file an application before the Magistrate to get it.

How do I know if the chargesheet has been filed?

You can visit the police station after 60 days and ask the IO. You can also check the court's cause list or ask your advocate to check the case diary.

Is there any time limit to file a counter-complaint?

For cognizable offences, there is no strict time limit, but the sooner the better. If the other side files a false complaint after a delay, you can argue that it is an afterthought and an abuse of process.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.