Can a Common Indian Man Use the Law to Protect Himself from Police, Politicians, and Goons?

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.

Ramesh Patil was a small shop owner running a modest hardware store in Gomti Nagar, Lucknow. Around late February 2025, a local strongman with known political connections began pressuring Ramesh to vacate his rented shop to make way for a relative's business. When Ramesh refused, the threats escalated. Two men arrived at his shop, roughed him up in front of customers, and warned him that the police would be of no help to him. He filed a complaint at his local police station. The station in-charge, apparently familiar with the strongman, refused to register an FIR and suggested Ramesh "settle the matter quietly."

Ramesh tried a second approach through a general civil lawyer he knew from the neighbourhood, but got little traction. The lawyer filed a basic complaint letter that went nowhere. Frustrated and scared, Ramesh eventually approached Advocate Sudhir Rao. The approach changed completely. A writ petition was filed before the Allahabad High Court under Article 226 of the Constitution, compelling the police to register the FIR. Simultaneously, proceedings under Section 126 BNS (wrongful restraint) and Section 351 BNS (criminal intimidation) were initiated. An application for personal protection was also moved before the Magistrate. Within eight weeks of engaging specialist counsel, the FIR was registered, the strongman was put on notice, and Ramesh resumed his business without interference. The matter was still under trial as of mid-April 2025, but the immediate threat had been neutralised.

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 immediately. The moment threats begin, start preserving evidence. Screenshot messages, record calls where legally permissible, photograph injuries, collect witness contact details. Don't wait to see if the situation "calms down" — it usually doesn't.

Use online channels in parallel. Complaints can be filed on the Integrated Grievance Redressal system, the state police online portal, and the National Human Rights Commission (NHRC) website. These create a paper trail that's difficult to suppress and, frankly, often prompts faster administrative response than a walk-in complaint alone.

Engage an advocate with domain-specific experience. Matters involving harassment by powerful individuals, police inaction, and criminal intimidation carry procedural and evidentiary nuances that general practitioners may not be fully familiar with. An advocate who regularly handles criminal protection matters will know when to file a writ versus a private complaint, and how to sequence reliefs for maximum effect. And here's the thing — that sequencing can be the difference between eight weeks of relief, like Ramesh got, and eight months of going in circles.

Applicable Sections of Law

• Section 351 BNS — Criminal intimidation: covers threats to cause injury to person, reputation, or property to compel someone to act against their will. Directly applicable when goons or politicians threaten a common citizen.
• Section 126 BNS — Wrongful restraint: applies when a person is physically blocked or prevented from going where they have a right to go.
• Section 132 BNS — Assault: covers any act that creates apprehension of criminal force being used.
• Section 173(4) BNSS — Empowers an aggrieved person to approach the Superintendent of Police when the local station refuses to register an FIR, and the SP is then duty-bound to either investigate or direct registration.

Punishment and Penalties

• Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. If the threat is to cause death or grievous hurt, punishment extends up to seven years.
• Section 126 BNS (Wrongful Restraint): Simple imprisonment up to one month, or fine up to Rs. 5,000, or both.
• Section 132 BNS (Assault): Imprisonment up to three months, or fine up to Rs. 5,000, or both.
• Section 351 (simple criminal intimidation) is non-cognizable and bailable. The aggravated form (threat of death/grievous hurt) is cognizable and non-bailable.
• These offences are generally compoundable with the permission of court, meaning settlement between parties is possible.

Jurisdiction — Where to File the Case

Get this wrong and you waste months. For threats and physical assault, the complaint or FIR goes to the police station within whose territorial limits the incident occurred. If police refuse, the matter goes before the Judicial Magistrate First Class (JMFC) of that area via a private complaint under Section 223 BNSS. For police inaction specifically, a petition under Article 226 before the High Court of the relevant state is the appropriate remedy. Where public officials are involved, a complaint to the Magistrate under Section 175(3) BNSS or to the SP under Section 173(4) BNSS is the correct starting point. Jurisdiction matters because filing in the wrong forum wastes time and can weaken your case procedurally.

What if Police Refuse to File FIR?

This is one of the most common problems ordinary citizens face. The law gives you several escalation options:

• Approach the Superintendent of Police under Section 173(4) BNSS in writing, with a copy of the complaint you submitted to the local station.
• File a private complaint before the Magistrate under Section 223 BNSS. The Magistrate can take cognizance and direct the police to investigate.
• Send a written complaint by registered post to the SP and District Magistrate simultaneously — this creates a verifiable paper trail.
• File a writ petition before the High Court under Article 226 of the Constitution directing registration of FIR, as upheld in Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that registration of FIR is mandatory for cognizable offences.

Rights of the Accused

Even if someone files a counter-complaint against you, know your rights:

• Right against self-incrimination under Article 20(3) of the Constitution — you cannot be compelled to be a witness against yourself.
• Right to legal representation under Article 22(1) — you are entitled to consult and be defended by an advocate of your choice.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) BNSS.
• Right to know the grounds of arrest — the arresting officer must inform you of the reasons.
• Right to a free copy of the FIR — confirmed by the Supreme Court in Youth Bar Association of India v. Union of India, 2016.

Bail Provisions

Whether bail applies depends on the specific offence charged against you or the person threatening you. Now, before you assume bail is automatic, read this carefully.

• Simple criminal intimidation under Section 351 BNS is bailable — bail is available as of right at the police station itself.
• Aggravated intimidation (threat of death/grievous hurt) is non-bailable — bail is at the court's discretion.
• Anticipatory bail under Section 482 BNSS can be sought from the Sessions Court or High Court if you have reason to believe you may be arrested falsely or in retaliation.
• Regular bail under Section 480 or 483 BNSS applies after arrest.
• Bail strategy matters. Courts look at flight risk, tampering potential, and gravity of offence. An advocate familiar with local judicial temperament can frame the bail application effectively.

Quashing of FIR / Case

If a false FIR has been filed against you — a common retaliatory tactic used by politicians and goons — quashing is a real option.

• The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceeding.
• Grounds for quashing include: the allegations do not make out any offence on their face, the FIR is filed as an abuse of process, or the parties have genuinely settled in a compoundable offence.
• The Supreme Court laid down the principles comprehensively in State of Haryana v. Bhajan Lal, 1992, which remains the leading authority on when courts may quash criminal proceedings.
• Quashing is particularly viable where the FIR is vague, motivated, or contradicted by available evidence.

If You Are the Victim

• File a written complaint at the local police station immediately after any incident of threat or assault, keeping a copy for yourself with the date stamp.
• Visit the nearest government hospital if you have been physically assaulted, and get an MLC (Medico-Legal Certificate) prepared the same day. This is primary evidence.
• File an online complaint on your state police portal and the NHRC online portal simultaneously, especially if you fear local police are biased.
• Keep all witnesses informed of the legal proceedings and preserve their contact details in writing.
• Approach a lawyer before issuing any public statement or posting on social media about the incident — unguarded statements can be used against you.

Documents You Must Keep Ready

• Aadhaar Card and PAN Card (identity proof)
• Copy of the written complaint filed at the police station with acknowledgement
• Medico-Legal Certificate (MLC) from a government hospital if physically assaulted
• Screenshots of threatening messages (WhatsApp, SMS, email) with timestamps
• Call recordings, if made in a state where single-party consent is permissible
• CCTV footage from the location of the incident — request this early before it is overwritten
• Names and contact numbers of eyewitnesses
• Any prior complaints or correspondence with authorities on the same issue

What Evidence Is Required?

• Medico-Legal Certificate (MLC): Primary evidence of physical assault — cannot be substituted by a private doctor's certificate in court.
• CCTV footage: Must be preserved by formal written request immediately; video is treated as electronic record under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
• Screenshot evidence: Threatening messages must be preserved with metadata intact. A printout alone, without hash value certification, may be contested.
• Witness testimony: Oral evidence from eyewitnesses who can speak to what they directly saw or heard.
• Call Detail Records (CDRs): Can be obtained via court order to establish contact between parties.
• Prior complaint copies: Show pattern of harassment and establish that threats were not one-off events.

How the Police Behave in Such Cases

Make no mistake — police behaviour in cases involving politically connected persons is often the first hurdle you will face. Station-level officers may deflect, delay, or discourage you from filing. They may suggest "compromise" or claim the matter is "civil in nature." In some cases, they file a watered-down NC (non-cognisable) report instead of a proper FIR. This is precisely why knowing the escalation path — to the SP, the Magistrate, and the High Court — is not optional but essential. The Supreme Court in Lalita Kumari v. Government of UP, 2014 made clear that non-registration of an FIR for a cognisable offence is itself illegal.

Timeline of Legal Process

• Day 1-7: File complaint at local police station; simultaneously file online complaint on state portal.
• Week 2-3: If no FIR, approach SP under Section 173(4) BNSS by registered post.
• Week 3-5: If still no action, file private complaint before JMFC under Section 223 BNSS or file writ before High Court.
• Month 2-3: FIR registered; police investigation begins. Chargesheet must normally be filed within 60 days for bailable offences or 90 days for non-bailable offences under BNSS.
• Month 4-6: Court takes cognizance; charges framed.
• Month 6 onward: Trial begins — examination of witnesses, cross-examination, arguments.
• Judgment: In Magistrate courts, typically 1-3 years depending on backlog and complexity.
• Appeal: Sessions Court, then High Court, then Supreme Court — each stage adding time but also giving you fresh opportunities to raise legal challenges.

Advocate Sudhir Rao,

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.