Custodial Violence and Extortion by Police: How Ordinary Citizens Can Legally Fight Back

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: Custodial violence and extortion by police are serious crimes. The safest path begins with medico-legal documentation, a complaint to the Superintendent of Police or State Human Rights Commission, and preserving evidence of threats. Engage a lawyer who regularly handles police misconduct cases—procedural missteps here can invite retaliation that a non-specialist may not anticipate.

Vikram Malhotra was picked up from his home in Indore’s Tukoganj area on 12 May 2025. The police said it was only routine “puch-taach” about an old case from months ago. His family believed he would be back in hours. That did not happen.

What followed was grim.

During custody, Vikram was beaten repeatedly. When he was finally released after thirty-six hours, his body bore clear injury marks—bruises, swelling, abrasions. And here’s the thing: the release came only after his family paid Rs. 1.2 lakhs. The demand started at Rs. 2 lakhs. The family was warned: if you don’t pay, he’ll be framed in a false NDPS case. Terrified of a fabricated drug charge that could destroy his future, they gathered whatever they could.

Earlier efforts by the family to engage a local lawyer who dabbled in general litigation brought no safety. The attorney simply advised them to wait and pay. Fearing permanent damage, Vikram’s family approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office immediately recognised the dual threat—ongoing violence and a carefully set trap for a false case. His domain-specific approach involved simultaneously securing a medico-legal examination, filing a complaint before the Superintendent of Police with detailed annexures, and preparing a protective petition under Article 226 of the Constitution to record the facts and preclude manufactured charges. The office of Advocate Sudhir Rao argued that the payment under threat squarely fell under extortion as defined in Section 308 BNS, and that the brutal assault invoked Section 118 BNS (voluntarily causing grievous hurt). The focused strategy not only ensured a swift judicial acknowledgment of the injuries but also created an official record that dramatically reduced the risk of retaliatory action. That expertise made the difference—within days, the police personnel involved were placed under investigation, and Vikram received the essential protective cover he had never thought possible.

Key Facts of the Case

• Vikram was taken for questioning on 12 May 2025 and held without formal arrest for over twenty-four hours.
• He was beaten in custody, leaving clearly visible injuries on his body.
• Family members were told to pay money for his release—initially Rs. 2 lakhs, eventually settling at Rs. 1.2 lakhs.
• The police threatened to implicate him in a fake narcotics (NDPS) case if the money was not paid.
• No grounds of arrest were communicated, and he was not produced before a Magistrate within twenty-four hours.
• A specialist legal approach immediately after release—prioritising medico-legal evidence and higher-authority complaint—prevented retaliation and triggered departmental action.
• Article 22(2) of the Constitution and the D.K. Basu guidelines were squarely violated.

The Direct Legal Answer

Is custodial beating a crime?

Yes. Voluntarily causing hurt or grievous hurt under Sections 115 and 118 BNS applies, even when committed by public servants. The Supreme Court’s 1997 judgment in D.K. Basu v. State of West Bengal mandates that custodial violence violates fundamental rights and can lead to compensation and departmental action independent of criminal prosecution.

What about the extorted money?

Demanding payment by threatening a fake drug case is extortion under Section 308 BNS, which carries up to seven years’ imprisonment. Since it’s a cognizable and non-bailable offence, the police cannot refuse to register an FIR based solely on the accused being fellow officers.

How can they safely record the injuries?

A medico-legal certificate from a government hospital is the gold standard. Photograph the injuries with a time-stamped, clear background. Do not delay—injuries heal and evidence dissolves quickly. Keep soft and hard copies.

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.

Get the medico-legal report immediately. Do not wash the wounds or change clothes before the examination. This document becomes your primary shield. And here’s a critical move: write a detailed complaint to the Superintendent of Police of the district—not the local station. If afraid to go in person, send it by registered post with acknowledgment due. That creates a paper trail the police cannot ignore.

Don’t discuss your strategy on social media or with acquaintances connected to the officers. Leaks can provoke exactly the retaliation you fear. This type of matter requires advocates with domain-specific experience—procedural and evidentiary nuances, such as which forum to approach first and how to pre-empt a bogus counter-FIR, are often missed by general practitioners.

Applicable Sections of Law

• Section 118 BNS: Voluntarily causing grievous hurt (custodial beating with visible marks).
• Section 308 BNS: Extortion—putting a person in fear of injury and dishonestly inducing delivery of property (money paid under threat).
• Section 351 BNS: Criminal intimidation—threat to cause wrongful confinement or to implicate in a false case.
• Section 127 BNS: Wrongful confinement—detention without lawful authority beyond twenty-four hours without production before a Magistrate.

Punishment and Penalties

• Grievous hurt (Section 118 BNS): Imprisonment up to 10 years and fine. Cognizable, non-bailable, and non-compoundable.
• Extortion (Section 308 BNS): Imprisonment up to 7 years and fine. Cognizable, non-bailable, and compoundable only with the permission of the court before which the case is pending.
• Criminal intimidation (Section 351 BNS): Imprisonment up to 2 years or fine or both. Cognizable, bailable, and non-compoundable when threat is to cause death or grievous hurt or to impute unchastity; otherwise compoundable.
• Wrongful confinement (Section 127 BNS): Imprisonment up to 1 year or fine or both. Bailable, compoundable with court permission.

Jurisdiction — Where to File the Case

The complaint can be filed with the Superintendent of Police of the district where the police station falls. For a private complaint, the jurisdictional Magistrate (First Class) under Section 175(3) BNSS has the power to take cognizance. If the grievance is against a specific police station within the same city, the District and Sessions Court or the High Court under Article 226 can also be approached directly. In Vikram’s case, the SP of Indore (Urban) handled the initial petition. Territorial jurisdiction matters—filing in the correct district ensures the complaint isn’t dismissed on technical grounds and keeps the matter with supervisory officers who are not from the same station.

What if Police Refuse to File FIR?

Police often resist registering an FIR against their own. Here’s the step-up ladder:

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS by post with acknowledgment.
• If no action still, file an application under Section 175(3) BNSS before the jurisdictional Magistrate. The court can direct the police to register the FIR or conduct an inquiry itself.
• In extreme cases, a writ petition under Article 226 of the Constitution before the High Court for a direction to register the FIR and for compensation.
• Keep a copy of every complaint and postal receipt; these become evidence of your good faith if retaliation is attempted.

Rights of the Accused

Even while being questioned, Vikram had rights the police ignored:

• Right to know the grounds of arrest (Article 22(1)).
• Right to be produced before a Magistrate within twenty-four hours excluding travel time (Article 22(2) and Section 58 BNSS).
• Right against self-incrimination—he cannot be compelled to be a witness against himself (Article 20(3)).
• Right to legal representation and to be informed of this right (Article 22(1) and D.K. Basu guidelines).
• Right to medical examination if in custody and to have a copy of the medico-legal report.

Bail Provisions

If a retaliatory FIR is lodged—say, the fake drug case materialises—immediate bail strategy becomes vital. Offences under the NDPS Act are generally non-bailable with stringent conditions. But if the FIR is demonstrably false and filed only after a complaint against the police, anticipatory bail under Section 482 BNSS can be sought from the Sessions Court or High Court. For regular bail under Sections 480/483 BNSS, the court will examine whether the allegations are prima facie credible. The prior complaint about extortion and the medical records will strongly support the bail plea. A well-prepared bail application, backed by evidence of the earlier threat, can secure release within days.

Quashing of FIR / Case

If the threatened fake case is indeed registered, the High Court’s inherent power under Section 528 BNSS can quash the FIR. Grounds include: no prima facie offence made out, the FIR is an abuse of the legal process, or it was lodged as a counter-blast to a complaint against police officers. When the victim has contemporaneous evidence—the medico-legal report, communication records, the extortion complaint—quashing is a realistic and often swift remedy. The key is to move quickly before a chargesheet is filed, as courts are more willing to quash at the nascent stage.

If You Are the Victim

• Secure your physical safety first. If you fear immediate harm, move to a relative’s house in a different city.
• Undergo a medico-legal check-up at a government hospital the same day of release.
• Photograph injuries with a newspaper showing the date, keeping faces and tattoos non-identifiable if anxious about digital leaks.
• Draft a detailed, chronological complaint—mention names, designations, approximate times, and exact threats verbatim.
• Send the complaint by registered post to the Superintendent of Police and retain the counter-slip.
• Instruct your advocate to preserve all payment receipts, digital transfers, or ATM withdrawal slips if money was paid—even if you think it’s gone, those traces matter.

Documents You Must Keep Ready

• Aadhaar card and PAN card (for identification and affidavits).
• Medico-legal report and injury photographs.
• Copy of the complaint sent to SP along with postal acknowledgment.
• Bank statements or digital payment screenshots showing transfer to any account linked to the officers or their intermediaries.
• Call records and screen recordings of any threatening conversations (record cautiously—only with your advocate’s advice on admissibility).
• Copies of any documents the police had served or shown during detention.

What Evidence Is Required?

• Primary evidence: Medico-legal certificate issued by a government doctor—this carries maximum weight in court.
• Testimony of the victim and family members who saw the injuries before and after custody.
• Photographs and videos of injuries, preferably with a time-stamp.
• Written threats or voice notes—preserve the original device and metadata.
• Receipts of payment or bank transaction records proving extortion.
• Complaint copies and postal receipts to establish a timeline of good faith reporting.
• Secondary evidence: corroborative statements from neighbours or local journalists who may have witnessed the pick-up.

How the Police Behave in Such Cases

Officers involved in custodial violence rarely cooperate. They might deny the detention altogether or claim the person was merely “called for questioning” and released within hours. The station diary is often manipulated. Expect stonewalling if you approach the same station. That’s why the law expects you to escalate to the SP or the Magistrate. In Vikram’s case, the station initially refused to even acknowledge the detention. Only after the SP intervention did the official records surface. And here’s the unpleasant truth: they may try to intimidate your family or threaten to open old cases. That makes documentation before you confront them absolutely essential.

Timeline of Legal Process

• Day 1-3: Medico-legal examination, secure evidence, dispatch SP complaint.
• Week 1-2: SP acknowledgment and inquiry; if FIR not registered, move to Magistrate under Section 175(3) BNSS.
• Month 1-2: If FIR is registered, investigation must be completed within the stipulated time (ideally 90 days for offences punishable with less than 10 years).
• After chargesheet: Court takes cognizance, frames charges, and trial commences. Trials in police assault cases can take 6-18 months depending on witness cooperation and court caseload.
• Parallel protection: If anticipatory bail or quashing is needed, the court can pass an order within a few weeks if the evidence is compelling.

How Long Will the Investigation Take?

For offences under Sections 118 and 308 BNS, the police have up to 90 days to file the chargesheet if the investigation extends. In practice, an inquiry against one’s own colleagues tends to be slow, but a regular follow-up with the SP’s office or the Magistrate’s monitoring keeps it on track. Avoid believing informal assurances—insist on a written progress report.

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?

Grievous hurt (Section 118 BNS) is non-compoundable—it cannot be privately settled. Extortion can be compounded with court permission, but given the involvement of public servants, an out-of-court settlement would likely be frowned upon and may even attract charges of obstructing justice. Lok Adalat is not the appropriate forum for offences involving serious police misconduct. A better path is to pursue the criminal complaint while simultaneously filing a writ for compensation, which can be resolved without a full-fledged trial if the state admits liability.

Common Mistakes People Make

• Delaying the medical examination—healed injuries leave no trace and rob the case of its strongest evidence.
• Approaching the same police station instead of the SP or Magistrate—this almost always backfires.
• Paying under threat without documenting the transaction; the extortion becomes nearly impossible to prove later.
• Posting on social media about the incident before consulting a lawyer—it can tip off the officers and allow them to fabricate a counter-narrative.
• Engaging an advocate who does not regularly handle police misconduct cases. Domain-specific experience matters enormously here—a general practitioner may not know how to pre-empt a retaliatory FIR, which forum yields the fastest protective orders, or how to convert medical evidence into a legally admissible document under Section 53 CBNS (examination of accused). Those procedural gaps can derail an otherwise strong case.
• Assuming payment guarantees safety. It doesn’t—it often invites further demands. The pattern of extortion repeats once they know you’ll pay.

FAQs People Normally Have

Is it safe to file a complaint against the police? Yes, if done through the correct channels and with a lawyer who can seek protective orders. The Supreme Court in D.K. Basu has laid down safeguards, and courts take a serious view of retaliation.

What if they register a false NDPS case against me? Immediately move for anticipatory bail and quashing, citing the prior complaint. The High Court can quash an FIR that is clearly a counter-blast to your own grievance.

Can I record a phone conversation as evidence? Yes, but only if you are a party to the conversation and it’s recorded in the normal course. Don’t edit it. Let your lawyer decide its admissibility.

Do I need to go to court in person? Your lawyer can represent you for most procedural stages. In severe trauma, you can request exemption from personal appearance with a medical note.

How long does compensation take? A writ petition for violation of fundamental rights can yield interim compensation in a few months if the injuries and detention are well-documented.

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 criminal advocate 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.