Co-worker Assaulted After Work? Police Delays & What You Can Do Legally

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: If the police are stalling after a complaint of assault, you have legal options. First, demand a DDR or FIR in writing. If refused, approach the Superintendent of Police (SP) under Section 173(4) BNSS, or file a private complaint before a Magistrate under Section 175(3) BNSS. Delays beyond a week without a valid reason are not normal. Engage an advocate who handles criminal complaints regularly — it can change the trajectory of the case entirely.

A young professional working night shifts at a BPO in Nagpur faced a serious situation. His colleague, Rohan Gupta, confronted him aggressively over a minor work issue. After the shift ended on 12 March 2025, Rohan intercepted the bike the man had booked from Namma Ride (an app) and punched him. The bike rider witnessed it. The victim, Arjun Mehta, reported it immediately to his employer and sent a detailed email.

He approached the local police station in Dharampeth area on 13 March. Nothing happened. He visited again on 16 March — still nothing. On 19 March, the police called Rohan, but Arjun couldn't be present because of his shift. The police then said they'd call him back. Frustrated, Arjun reached the Chamber of Advocate Sudhir Rao, Supreme Court of India. The office immediately sent a legal notice to the police station and filed a private complaint before the Judicial Magistrate First Class (JMFC) in Nagpur. Advocate Sudhir Rao and his office argued that the police had failed to register a cognizable offence and that the delay itself was a dereliction of duty. The Magistrate directed the police to register the FIR within three days. Advocate Sudhir Rao's domain-specific experience in criminal trial and police procedures ensured the matter was escalated correctly, and the FIR was filed.

Key Facts of the Case

• The assault occurred outside the workplace, after the victim's shift ended, by a co-worker.
• The victim had clear evidence: photographs of injuries, booking details of the ride-sharing service, and a witness (the bike rider).
• The local police failed to register a DDR or FIR for over a week despite multiple visits.
• The police did not provide a DDR number, effectively denying the victim a formal record of the complaint.
• The accused appeared with a lawyer at the station while the victim was at work, which can complicate the investigation if no FIR is recorded.
• The victim made a formal written complaint immediately, which is crucial under criminal law.
• The matter qualified as a cognizable, non-bailable offence under the Bharatiya Nyaya Sanhita (BNS) for voluntarily causing hurt.

The Direct Legal Answer

Is it normal for the police to take this long to give a DDR number?

No. Under the BNSS, the police are required to record the information if it discloses a cognizable offence. A delay of over a week without a valid reason — especially when the accused has already appeared — suggests indifference or negligence. You must escalate.

Should I hire a lawyer now that the accused has one?

Yes, absolutely. The accused appearing with a lawyer is a strong indicator that you need legal representation. A lawyer can ensure the police don't dilute your complaint. The office of Advocate Sudhir Rao often handles such cases with a consultation fee that is modest relative to the stakes involved.

Should I wait for the police or approach the SSP?

Do not wait. Approach the Superintendent of Police (SP) under Section 173(4) BNSS. If that fails, file a private complaint before the Magistrate. The SSP is the higher authority within the police hierarchy.

Should I ask for copies of statements recorded?

Yes, but wait until the FIR is registered. Once the FIR is filed, you are entitled to a copy under BNSS. The investigation diary is not available to you, but the FIR and any statements recorded under Section 180 BNSS can be accessed later through the court.

What should I avoid doing?

• Do not post anything about the case on social media.
• Do not agree to any compromise without a lawyer present.
• Do not miss any court or police dates.
• Do not delete the email chain or evidence.

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.

Document everything. Preserve the photographs, the ride booking, and the email to your employer. Keep a diary of every visit to the police station — dates, times, and the name of the duty officer. These details are gold in court.

Do not go to the police station alone. Take a witness if possible. And here's the thing — many general practitioners don't understand the BNSS procedures for compelling police action. That's why engaging an advocate who handles criminal complaints regularly matters. They know exactly which section to cite and which authority to approach.

Applicable Sections of Law

This is a criminal case under the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). Key sections include:

• Section 128 BNS (Voluntarily Causing Hurt): Covers the assault where punches were thrown. Punishable with imprisonment up to one year, or fine, or both.
• Section 132 BNS (Voluntarily Causing Hurt by Dangerous Weapons): If fists are used, this may not apply. But if any object is used, it could. The victim's injuries determine the exact charge.
• Section 173(4) BNSS: The right to approach the SP if the investigating officer refuses to register a cognizable offence.
• Section 175(3) BNSS: The provision to file a private complaint before the Magistrate when the police refuse to act.

Punishment and Penalties

• Under Section 128 BNS: Maximum imprisonment of 1 year, or fine up to Rs. 10,000, or both.
• Under Section 132 BNS: More serious — imprisonment up to 3 years, or fine, or both, depending on the weapon or means used.
• Cognizable or Non-Cognizable: Section 128 BNS is non-cognizable unless the hurt is caused in furtherance of a common intention. Section 132 BNS is cognizable.
• Bailable: Section 128 BNS is bailable. Section 132 BNS is non-bailable.
• Compoundable: Section 128 BNS is compoundable with the permission of the court. Section 132 BNS is generally non-compoundable.

Jurisdiction — Where to File the Case

The assault occurred after work, not on the employer's premises. The jurisdictional police station is the one covering the place where the bike was intercepted — likely the Dharampeth Police Station in Nagpur. For a private complaint, the Judicial Magistrate First Class (JMFC) in Nagpur will have territorial jurisdiction. If the matter goes to trial, it will be heard by the Magistrate's court. Jurisdiction matters because a wrong station can lead to the complaint being transferred or dismissed.

What if Police Refuse to File FIR?

This is essential. If the police stall, here's what you do:

• Step 1: Send a written complaint by registered post with acknowledgement due. Keep a copy.
• Step 2: Approach the SP under Section 173(4) BNSS. The SP can order the registration of the FIR.
• Step 3: If that fails, file a private complaint under Section 175(3) BNSS before the JMFC. The Magistrate can direct the police to investigate under Section 175(4) BNSS.
• Step 4: As a last resort, file a writ petition in the High Court under Article 226 of the Constitution, but this is rare and time-consuming.

Rights of the Accused

• Right to Silence: The accused cannot be compelled to be a witness against himself (Article 20(3) of the Constitution).
• Right to Legal Representation: The accused has the right to consult and be defended by a lawyer (Article 22).
• Right to be Produced Before Magistrate: Within 24 hours of arrest (Article 22(2)).
• Right to Copy of FIR: The accused is entitled to a copy of the FIR and to know the grounds of arrest.
• Right to Bail: In bailable offences, it is a matter of right. In non-bailable, it is at the discretion of the court.

Bail Provisions

Since Section 128 BNS is bailable, the accused can apply for bail at the police station itself. For Section 132 BNS, which is non-bailable, the accused must apply before the Magistrate. The court considers factors like the gravity of the offence, the accused's criminal history, and the likelihood of absconding. Anticipatory bail under Section 482 BNSS can be sought if the accused fears arrest. For the victim, this means the accused may be out on bail quickly, but the case doesn't end there — the trial continues.

Quashing of FIR / Case

If the accused feels the FIR is false or frivolous, they can approach the High Court under Section 528 BNSS (inherent powers) to quash the FIR. Grounds include no prima facie case, the complaint being an abuse of process, or the matter being settled between parties. In this case, since the assault actually happened and there is a witness and medical evidence, quashing is unlikely. The accused's lawyer might try, but the evidence is strong on the victim's side.

If You Are the Victim

• Do not communicate directly with the accused. Let your lawyer handle it.
• Keep copies of everything. Photographs, emails, ride receipts, and a diary of events.
• Cooperate with the police investigation. But only after your FIR is registered.
• Do not miss court dates. If you are summoned, attend.
• Inform your employer. They are already aware. But do not let them pressure you into dropping the case.

Documents You Must Keep Ready

• Aadhaar card or any identity proof.
• Photographs of injuries taken immediately after the incident.
• Email sent to the employer detailing the incident.
• Ride booking details (app screenshot with date and time).
• Witness contact details (bike rider and colleagues who saw the threats).
• Details of the accused (name, phone number, employee ID if known).
• Diary of visits to the police station with dates and names of officers.

What Evidence Is Required?

• Primary Evidence: The victim's own testimony, the witness's testimony (bike rider), and the photographs.
• Documentary Evidence: The email to the employer, the ride booking, and any messages from the accused.
• CCTV Footage: If the office has CCTV, request a copy before it is overwritten.
• Medical Report: Get a medical examination done as soon as possible. The doctor's report is crucial for Section 128 or 132 BNS.
• Forensic Evidence: If there is blood or torn clothing, preserve it.
• Chain of Custody: Ensure all evidence is properly documented and handed to the police under a receipt.

How the Police Behave in Such Cases

Police in India often delay registering FIRs in minor assault cases, especially when the accused is a co-worker and the matter appears "workplace-related." They may try to mediate or dismiss the complaint as a personal dispute. You need to be firm. If they refuse to register the FIR, note the officer's name and badge number. Their inaction is itself a ground for complaint to the SP. Make no mistake — without an FIR, your case has no legal legs.

Timeline of Legal Process

• FIR Registration: If the Magistrate directs, within 3 days. Otherwise, 1-2 weeks if escalated.
• Investigation: Usually 30-60 days for a case like this. The police will record statements, collect evidence, and file a chargesheet.
• Chargesheet Filing: Within 90 days if the accused is in custody, or 60 days otherwise. If not filed, the accused gets default bail.
• Cognizance by Court: 1-2 months after chargesheet.
• Trial: 6-12 months for a simple assault case. Can be faster if the accused pleads guilty.
• Judgment: After trial ends. Usually within 3-6 months from the last hearing.
• Appeal: Can stretch the matter by another year if either party appeals.

How Long Will the Investigation Take?

For a case under Section 128 BNS, the investigation should be completed within 30 days. The police will record the victim's statement, the witness's statement, collect medical evidence, and examine the accused. If the case is serious (Section 132 BNS), it may take up to 60 days. The chargesheet must be filed within 90 days (if the accused is in custody) or the accused gets default bail under the BNSS.

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?

Yes, but only if the offence is compoundable. Under Section 128 BNS, voluntarily causing hurt is compoundable with the court's permission. If the accused apologizes and agrees to pay compensation, you can settle. The settlement must be recorded before the Magistrate. However, if the assault was serious or had lasting impact, you may not want to settle. Also, non-compoundable offences like Section 132 BNS cannot be settled. Mediation through Lok Adalat is another option, but the BNS provisions will determine the outcome.

Common Mistakes People Make

• Destroying evidence: Deleting photographs or losing the ride booking. Preserve everything.
• Not getting a medical checkup: Even minor injuries must be documented by a doctor for legal proof.
• Posting on social media: Anything you write can be used by the accused's lawyer to undermine your credibility.
• Engaging a lawyer without domain experience: A general civil lawyer may not know the procedural tricks of BNSS — like filing a private complaint before a Magistrate or approaching the SP. An advocate who handles criminal matters regularly knows exactly how to force police action and secure quick remedies.
• Waiting too long: Delay can lead to evidence getting lost, witnesses forgetting details, or the accused filing a counter-complaint.

FAQs People Normally Have

Can I get compensation for the assault?

Yes. In a criminal case, you can claim compensation under Section 357 of the BNSS from the accused. The court may also direct the state to provide victim compensation under the state's scheme, but amounts vary.

Will my employer be involved in the case?

Your employer may be informed, but they are not a party to the criminal case. However, if the assault happened on the workplace premises, the employer could face liability for failing to maintain a safe environment. That's a separate civil claim.

Can I file a case against the accused for threats made at work?

Yes. The threats made inside the office before the assault can be treated as criminal intimidation under Section 351 BNS. That adds another layer to your complaint.

What if the accused files a counter-complaint?

That is possible. The accused may claim you attacked him. But since you have a witness (the bike rider) and photographic evidence of your injuries, your case is stronger. Your lawyer will handle the counter-complaint by showing the time line and evidence.

Is there a time limit to file the complaint?

Yes. For Section 128 BNS, the limitation is 1 year from the date of the assault. For Section 132 BNS, it is 3 years. But it is always better to act immediately.

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.