If you are stuck in such a situation, here is what to do.
A student, let's call him Rohan, from the Apex Institute of Medical Sciences in the city of Chandrapur, found himself in a distressing situation. During a friendly football match on the college grounds, a senior student named Vikram demanded that Rohan play as the goalkeeper. When Rohan politely declined, stating his preference to play on the field, Vikram became enraged. He verbally abused Rohan and then proceeded to physically assault him in front of several other students. The assault left Rohan with bleeding lips, scratches, and an injury to his thumb.
This was not an isolated incident. Rohan recalled a previous encounter where Vikram had aggressively grabbed his collar without any provocation, which Rohan had chosen to ignore at the time. Following the recent assault, Rohan sought medical attention at a hospital, where a Medico-Legal Case (MLC) was registered. The police were scheduled to record his statement the next day.
Rohan felt particularly vulnerable as he was living alone in Chandrapur for his studies, with his family residing in another city. He was determined to stand up for himself but felt overwhelmed. Adding to the complexity, Rohan possessed a call recording in which another student admitted to witnessing the assault but also revealed that he was being pressured by Vikram's friends to provide a false statement in Vikram's favour. The situation was further complicated by the fact that Vikram's father is a well-connected lawyer in the city, raising Rohan's concerns about potential influence and intimidation.
Despite the assault and the subsequent pressure, Rohan was hesitant to take a step that could ruin Vikram's career, especially if a sincere apology was offered. His primary goal was to ensure his own safety and prevent future incidents. He was open to a compromise, provided it was genuine and guaranteed his well-being.
Advice in such cases
- Document Everything: Keep a detailed record of the incident, including the date, time, location, what was said, and who was present. Take clear photographs of any injuries immediately after the incident.
- Seek Medical Attention: Your health is the priority. Visiting a hospital not only ensures you get proper care but also creates a Medico-Legal Case (MLC) report, which is crucial evidence.
- Preserve Evidence: Secure any evidence you have, such as call recordings, text messages, or CCTV footage. Make backups of digital evidence.
- Inform College Authorities: Report the incident to the college's disciplinary committee or anti-ragging cell. They are obligated to take action and can provide immediate support within the campus.
- 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 criminal laws, the following sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) may be applicable in such a case:
- Section 115 of BNS (Voluntarily causing hurt): This section applies to the act of causing bodily pain, disease, or infirmity to any person. It is the primary section for simple assault.
- Section 116 of BNS (Voluntarily causing grievous hurt): If the injuries are severe, such as a fracture or permanent disfigurement, this more serious section could be invoked.
- Section 350 of BNS (Criminal Force): This applies when force is used intentionally to cause injury, fear, or annoyance without the person's consent.
- Section 351 of BNS (Assault): This pertains to making any gesture or preparation with the intent of causing another person to apprehend that criminal force is about to be used.
- Section 85 of BNS (Criminal Intimidation): If there are threats of injury or harm to intimidate you or witnesses, this section can be applied.
If you are the complainant
- Be Clear and Factual: When giving your statement to the police, stick to the facts. Clearly narrate the sequence of events without exaggeration or speculation.
- Provide All Evidence: Submit all the evidence you have collected, including the MLC report, photographs, and the call recording, to the investigating officer.
- Stay Engaged: Keep in touch with the investigating officer to know the status of your case. Your active participation is important.
- 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.
- Consider a Compromise Carefully: While you can compromise in cases involving compoundable offenses, do so only after careful consideration and legal advice. Ensure any settlement is formally recorded and addresses your safety concerns.
If you are the victim
- Prioritize Safety: If you feel unsafe, inform the police and your college authorities. You can request protection if you fear retaliation.
- Cooperate with the Investigation: Your statement is the foundation of the case. Cooperate fully with the police and provide them with all necessary information.
- Understand the Process: The legal process can be long. Having a clear understanding of the steps involved will help you manage your expectations.
- 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
Once an MLC is registered, the hospital is legally bound to inform the local police. The police will then initiate the following steps as per the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):
- Recording Statement: The police will visit the victim to record a detailed statement about the incident under Section 173 of the BNSS.
- FIR Registration: If the statement discloses a cognizable offense (an offense for which police can arrest without a warrant), they will register a First Information Report (FIR).
- Investigation: The police will commence an investigation, which includes visiting the crime scene, collecting evidence like CCTV footage, and recording statements of eyewitnesses.
- Action against the Accused: Depending on the severity of the offense, the police may arrest the accused. For less severe offenses, a notice may be issued to the accused to join the investigation.
- Filing of Final Report: Upon completion of the investigation, the police will file a final report (chargesheet) before the competent court, outlining the evidence collected against the accused.
FAQs people normally have
With an MLC filed, what happens next?
The MLC automatically triggers a police inquiry. The police will investigate the matter, and if they find evidence of a crime, an FIR will be lodged, and the legal process will formally begin.
If an FIR is registered, can I later drop the case through compromise?
Yes, some offenses are "compoundable," meaning they can be settled between the parties. Section 115 of the BNS (causing hurt) is a compoundable offense with the permission of the court. You can file a compromise petition in court, and if the court is satisfied that the compromise is voluntary and genuine, it may allow the case to be dropped.
Is the call recording legal and usable as evidence?
Yes, a call recording can be used as electronic evidence. However, for it to be admissible in court, you may need to provide a certificate under Section 65B of the Indian Evidence Act, 1872, to prove its authenticity and integrity.
Can I ask for only a warning/apology instead of punishment?
Once an FIR is filed, the case is between the State and the accused. You cannot unilaterally withdraw it. However, you can inform the court during compromise proceedings that you are satisfied with a sincere apology and do not wish for the accused to be punished. The court will take your view into consideration before passing its final order.
What protections do I have if I go through with this, in case of retaliation?
If you or any witnesses are threatened or intimidated, you can file a separate complaint for criminal intimidation under Section 85 of the BNS. You can also approach the police or the court to request protection.
What evidence is required?
- The Medico-Legal Case (MLC) report from the hospital.
- Photographs or videos of the injuries.
- Testimony of the victim (your statement).
- Statements from any eyewitnesses to the assault.
- Electronic evidence like call recordings or CCTV footage, supported by a certificate of authenticity.
- Any report from the college's internal inquiry committee.
How long will the investigation take?
Under the new BNSS, there are stricter timelines for investigations. For most offenses, the police are expected to complete the investigation within 90 days. This period can be extended by the court if necessary. Having a lawyer follow up on the case can help ensure that the investigation proceeds in a timely manner.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal lawyer in Delhi — 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.