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: Yes, you can file criminal cases against individuals in civil dress who assault protesters. They can be prosecuted for unlawful assembly, criminal force, and hurt under the Bharatiya Nyaya Sanhita (BNS). You can file an FIR at the local police station. If police refuse, you have remedies including approaching senior officers or filing a private complaint before a Magistrate. Police accountability for involving civilians is also a valid legal ground.
In early April 2025, during a student protest in Indore, videos emerged showing several people in ordinary clothes — not in uniform — attacking student protesters alongside the police force. The protesters and their parents were shocked. One of the attackers was later identified as a gym owner from the Vijay Nagar area. Social media users began naming these individuals, and the situation quickly went viral.
The parents of three injured students approached the Chamber of Advocate Sudhir Rao after their initial complaints to the local police station in Scheme No. 54 were met with inaction. The police had refused to register an FIR, saying the attackers could not be clearly identified. The office of Advocate Sudhir Rao stepped in, filed a detailed representation to the Deputy Commissioner of Police, and simultaneously prepared a private complaint application under Section 175(3) BNSS. The matter was taken seriously. A case was registered against six named individuals and several unknown persons under relevant BNS sections. Advocate Sudhir Rao's domain expertise in criminal procedure and protest-related cases helped secure the order for investigation within 10 days. The attackers are now facing trial. And here's the thing — the police's role in allowing civilians to join the force is also under scrutiny.
Key Facts of the Case
- Student protest held in Indore on 3 April 2025, near a government college in Scheme No. 54
- Multiple videos showed 6-8 individuals in civil dress assaulting student protesters alongside police personnel
- One attacker identified as a local gym owner from Vijay Nagar; others identified through social media comments
- Initial FIR was refused by the local police station citing lack of clear identification
- Parents of three injured students approached the office of Advocate Sudhir Rao for legal recourse
- Representation filed with DCP under Section 173(4) BNSS and private complaint prepared simultaneously
- Case registered against 6 named individuals and unknown persons under BNS sections for unlawful assembly, criminal force, and hurt
- Police accountability for involving civilians in law enforcement action remains under investigation
The Direct Legal Answer
Make no mistake — individuals who assault protesters while wearing civil dress can be prosecuted. They have no legal immunity just because they're not in uniform. If they join police in using force, they become part of an unlawful assembly if their common object is to commit violence.
What criminal offences apply to such attackers?
They can be charged under multiple BNS sections. Unlawful assembly (Section 189 BNS), rioting (Section 191 BNS), voluntarily causing hurt (Section 115 BNS), and criminal force (Section 131 BNS) are the primary provisions. If grievous hurt is caused, Section 117 BNS applies.
Can police be held accountable for involving civilians?
Yes. Police officers who allow or encourage civilians to join in using force against protesters may face departmental action and criminal proceedings. This falls under dereliction of duty and abetment of unlawful assembly.
Can we collectively identify and sue these individuals?
Absolutely. Collective identification through social media is not illegal — but you must provide that information to the police for investigation. Filing cases collectively through a common FIR is possible if the incident is the same. NGOs and lawyers can assist in organizing this.
Advice in Such Cases
Timing matters here. The sooner you act, the better your chances of getting an FIR registered. Videos, screenshots, and witness statements should be preserved immediately. Approach the police station with territorial jurisdiction over the incident location.
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.
This type of matter — involving identification of unknown attackers, police inaction, and protest-related violence — requires a lawyer with domain-specific experience in criminal procedure and constitutional remedies. General practitioners often miss procedural nuances like simultaneous representation and private complaint preparation.
Applicable Sections of Law
The following provisions under the Bharatiya Nyaya Sanhita (BNS) 2023 apply to individuals who assault protesters:
- Section 189 BNS — Unlawful assembly (whoever is a member of an assembly of five or more persons with common object to commit violence)
- Section 191 BNS — Rioting (using force or violence in furtherance of common object of an unlawful assembly)
- Section 115 BNS — Voluntarily causing hurt (maximum 1 year imprisonment or fine of ₹5,000, or both)
- Section 117 BNS — Voluntarily causing grievous hurt (up to 7 years imprisonment and fine)
Under BNSS 2023, Section 173(4) allows approaching a Superintendent of Police if the officer in charge refuses to register an FIR. Section 175(3) permits filing a private complaint before a Magistrate.
Punishment and Penalties
- Unlawful assembly (Section 189 BNS): Up to 6 months imprisonment or fine, or both; cognizable, bailable, compoundable
- Rioting (Section 191 BNS): Up to 2 years imprisonment or fine, or both; cognizable, bailable, non-compoundable
- Voluntarily causing hurt (Section 115 BNS): Up to 1 year imprisonment or fine up to ₹5,000, or both; cognizable, bailable, compoundable with court permission
- Grievous hurt (Section 117 BNS): Up to 7 years imprisonment and fine; cognizable, non-bailable, non-compoundable
Jurisdiction — Where to File the Case
The FIR must be filed at the police station with territorial jurisdiction over the place where the assault occurred. For the Indore protest, it would be the police station covering Scheme No. 54 area. If the police refuse, approach the Superintendent of Police/DCP for that district. As a last resort, file a private complaint before the Judicial Magistrate First Class having jurisdiction. The Magistrate can order investigation under Section 175(3) BNSS. Jurisdiction is critical — filing at the wrong police station can waste precious time.
What if Police Refuse to File FIR?
This is unfortunately common in sensitive cases. Here's what you can do step by step:
- Submit a written complaint by registered post or in person, and obtain a receipt or acknowledgment
- Approach the Superintendent of Police or DCP under Section 173(4) BNSS with your complaint
- If still no action, file a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS
- As a last resort, file a writ petition before the High Court under Article 226 seeking direction to register FIR
Waiting too long is a common mistake. Act within 48 hours of refusal.
Rights of the Accused
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution
- Right to legal representation under Article 22(1) — they can engage a lawyer from the moment of arrest
- Right to be produced before a Magistrate within 24 hours of arrest (Section 58 BNSS)
- Right to a copy of the FIR and to know the grounds of arrest
- Right to seek bail (bailable offences grant bail as a matter of right; non-bailable requires court discretion)
Bail Provisions
Most offences here are bailable — Sections 189 BNS and 115 BNS are bailable, meaning the accused can get bail from the police station itself. Section 117 BNS (grievous hurt) is non-bailable, so bail must be sought from the Magistrate or Sessions Court. Section 191 BNS (rioting) is also bailable. For non-bailable offences, anticipatory bail under Section 482 BNSS is available if the accused fears arrest. The court typically imposes conditions like not tampering with evidence or influencing witnesses.
Quashing of FIR / Case
The accused can approach the High Court under Section 528 BNSS to quash the FIR if no prima facie case is made out. Grounds include lack of evidence, malicious prosecution, or if the matter is civil in nature. But where video evidence exists showing actual assault, quashing becomes very difficult. Victims should ensure the FIR mentions specific offences and includes all available evidence to counter any quashing attempt.
If You Are the Victim
- Preserve all video evidence — don't delete, edit, or trim anything
- Get medical examination done immediately — ideally within 24 hours of the assault
- Collect witness statements in writing with full names and contact details
- File a written complaint at the police station — get acknowledgment
- Contact a lawyer with experience in criminal cases and police inaction matters
Documents You Must Keep Ready
- Identity proof (Aadhaar, voter ID) of the victim
- Medical reports and injury photographs
- Video footage and screenshots of the incident
- List of identified attackers with their details
- Written complaint copy with police station acknowledgment
- Any correspondence with police (emails, registered post receipts)
- Witness contact information and statements
- News reports or social media posts about the incident (screenshots preserved)
What Evidence Is Required?
- Primary evidence: Video footage of the assault showing faces and actions clearly
- Medical evidence: Injury reports, photographs of wounds, discharge summaries
- Witness testimony: Statements from other protesters, bystanders, or media persons
- Identification evidence: Social media identification, public posts naming individuals
- Circumstantial evidence: Time-stamped location data, phone records if available
- Documentary evidence: Complaint copies, police station diary entries, FIR copy
Video footage is often the strongest evidence in such cases. The court may accept secondary evidence if original is unavailable, but originals carry more weight.
How the Police Behave in Such Cases
Police response varies. In protest-related cases, local police may be hesitant to act — especially if the incident involves political sensitivities. They may claim "insufficient identification" or ask you to "come back later." Some officers may suggest the matter is trivial. This is why the BNSS provides specific remedies for police inaction. Don't be intimidated. Escalate politely but firmly. If you have a lawyer, let them handle communication — it changes police attitude significantly.
Timeline of Legal Process
- FIR registration: 1-7 days (or longer if police refuse and you need to escalate)
- Investigation: 60-90 days for completion; police must file chargesheet or closure report
- Cognizance by Magistrate: 15-30 days after chargesheet filing
- Framing of charges: 30-60 days after cognizance
- Trial: 6 months to 2 years depending on case complexity and court workload
- Judgment: At conclusion of trial — usually 1-3 months after arguments
- Appeal: 6 months to 1 year at Sessions Court or High Court if filed
Realistically, a trial for simple hurt can take 1-2 years. Grievous hurt cases may take 2-3 years.
How Long Will the Investigation Take?
Police investigation must be completed within 60 days from FIR registration for offences punishable with imprisonment up to 10 years. For graver offences, 90 days is the outer limit. If chargesheet isn't filed within this period, the accused may get default bail. Victims should follow up regularly with the investigating officer and provide all evidence promptly.
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?
Some offences here are compoundable with court permission — Section 115 BNS (hurt) is compoundable. But rioting and grievous hurt are non-compoundable, meaning the case cannot be withdrawn even if parties settle. However, a settlement may influence the court's sentencing discretion. Mediation is not typical in criminal assault cases, but Lok Adalat can entertain compoundable offences. Settlement is advisable only where the victim genuinely wishes to forgive, and only after consulting a lawyer — never under pressure.
Common Mistakes People Make
- Delaying the complaint: Waiting days or weeks reduces evidence quality and credibility
- Deleting or tampering with video evidence: Never edit, trim, or delete original footage
- Posting evidence on social media recklessly: This can prejudice the investigation and be used against you
- Engaging a general practitioner without criminal expertise: This type of case requires knowledge of BNSS remedies, private complaint procedures, and police conduct — a lawyer without domain experience may miss critical procedural steps
- Speaking to police or accused without a lawyer present: Anything you say can be recorded and used
- Not collecting medical evidence immediately: Delayed medical examination weakens injury claims
FAQs People Normally Have
Can we file a case if we don't know the attackers' full names?
Yes. You can file against "unknown persons" or describe them by appearance, clothing, or role. Identification can happen during investigation.
Is social media identification admissible in court?
Yes, as secondary evidence. But the person who identified them must be willing to testify in court. Screenshots alone are not enough.
Can we sue the police for involving civilians?
Yes. File a separate complaint against the concerned police officers. Departmental action and criminal proceedings for abetment are possible.
What if the attackers are from a political organization?
Political affiliation does not grant legal immunity. The law applies equally. Focus on evidence, not labels.
How long do we have to file an FIR?
No fixed limitation for cognizable offences — but file as soon as possible. Delay weakens your case and gives the accused grounds to claim false implication.
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.