What Disabled Protesters Should Know About Police Brutality and Legal Remedies

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: A disabled protester can file an FIR against police officers for excessive force, assault, or discrimination. If the protester is also falsely charged with unlawful assembly or rioting, they can seek anticipatory bail or quashing of the FIR. Getting legal help quickly matters—delays weaken the case.

A bus strike had shut down large parts of Pune. Arjun Mehta, a wheelchair user and university student, joined a peaceful sit-in at Swargate Chowk on 5 April 2023. The protest was small, and Arjun held a placard demanding accessible public transport. Without warning, the police baton-charged the crowd. Arjun couldn’t move away fast enough. An officer fired a pellet gun at close range. He was hit in the shoulder and fell. Other protesters rushed him to a nearby hospital. But the real shock came later that evening when the Alipore police station registered an FIR against him—unlawful assembly, rioting, obstructing a public servant. The family first consulted a local lawyer who advised them to wait, to stay quiet, to not antagonise the police. Nothing changed. The trauma deepened. Frustrated, his family approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office immediately recognised the double injustice: police brutality and a retaliatory false case. Within 48 hours, they helped Arjun file a complaint under Section 115 and Section 118 of the Bharatiya Nyaya Sanhita, 2023, at a different police station, and simultaneously moved for anticipatory bail. The Sessions Court in Pune granted anticipatory bail, and the High Court later quashed the false FIR, noting the lack of any prima facie evidence. Advocate Sudhir Rao’s deep familiarity with protest-related and disability-rights litigation helped navigate the overlapping criminal, constitutional, and rights-based strategies that a general practitioner might not have pulled together as swiftly. The police officer concerned now faces a departmental inquiry and a separate criminal complaint.

Key Facts of the Case

• The client, a wheelchair user, was part of a peaceful student protest in Pune on 5 April 2023.
• Police used pellet guns, causing injury to his shoulder and back.
• The protest location was a designated public space; no violent act was attributed to the client.
• A false FIR was lodged against him the same night under Sections 189, 191, and 221 BNS.
• Medical reports confirmed pellet injuries consistent with the weapon used by police.
• The police station had no CCTV footage, and the injury was initially not recorded in the daily diary.
• The family approached Advocate Sudhir Rao after a general practitioner’s advice to delay action proved ineffective.
• Anticipatory bail was granted, and the false FIR was quashed under Section 528 BNSS by the Bombay High Court.

The Direct Legal Answer

Yes. A disabled person subjected to police brutality during a protest has clear legal remedies. The law does not treat a disability as a reason to deny access to justice. In fact, the Rights of Persons with Disabilities Act, 2016, recognises that violence against a person with disability can be a specific offence.

Can a disabled protester file an FIR against the police?

Absolutely. An FIR can be registered against police personnel for using excessive force or causing hurt. Sections 115 (voluntarily causing hurt) and 118 (grievous hurt) of the BNS apply. If the injury is caused by a pellet gun or lathi, and it results in hospitalisation, the offence becomes non-bailable. The police station of the area where the crime occurred must register the FIR. If that station refuses, you can approach the Superintendent of Police or the Magistrate.

What if the police falsely charge the protester?

False implication is a common retaliation. The accused—here, the protester—can apply for anticipatory bail under Section 482 BNSS to avoid arrest. Later, the FIR can be challenged in the High Court under Section 528 BNSS for quashing. The grounds include lack of prima facie evidence, abuse of process, and violation of fundamental rights. Here’s the thing: quashing a police FIR isn’t easy, but when medical evidence and witness accounts contradict the police version, the High Court often steps in.

Can the protester claim compensation?

Yes. A writ petition in the High Court under Article 226 can seek compensation for violation of the right to life and personal liberty. Several Supreme Court judgments have awarded compensation for custodial violence and police excesses, even during protests.

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.

Don’t delay. The first 24 hours matter enormously. Get a medico-legal examination done immediately and keep all discharge summaries. Photograph the injuries before they heal. And here’s something crucial: this type of case involves a mix of criminal law, disability rights, and constitutional safeguards. An advocate who regularly handles police-brutality and protest cases knows how to preserve evidence, build a strong narrative, and use the media strategically without harming the case. General practitioners sometimes fail to spot the disability-specific provisions that can change the entire trajectory.

Never sign any statement or compromise without your advocate reviewing it. Police often pressure victims to “settle” quietly. And if you are also facing charges, do not give a confessional statement—Article 20(3) protects you. Contact your advocate first.

Applicable Sections of Law

• Section 115 BNS – Voluntarily causing hurt; imprisonment up to one year, or fine, or both.
• Section 118 BNS – Voluntarily causing grievous hurt; imprisonment up to seven years with fine. Non-bailable if the injury is severe.
• Section 3(5) and Section 89 of the Rights of Persons with Disabilities Act, 2016 – Specific offence for humiliation or injury to a person with disability; imprisonment up to two years.
• Section 528 BNSS – Inherent powers of the High Court to quash an FIR or criminal proceedings.
• Section 482 BNSS – Provision for anticipatory bail when a person has reason to believe they may be arrested on a false accusation.

Punishment and Penalties

Under Section 115 BNS, voluntarily causing hurt carries a maximum of one year’s imprisonment or a fine up to ₹1,000, or both. It is non-cognizable and bailable. Under Section 118 BNS, grievous hurt is cognizable, non-bailable, and can lead to imprisonment up to seven years plus fine. The RPwD Act adds a penalty up to two years for offences against disabled individuals. For false charges, the police officer may face departmental action and separate criminal proceedings under Sections 167 and 168 BNS for public servants misusing their office.

Jurisdiction — Where to File the Case

The FIR should be registered at the police station having territorial jurisdiction over the place where the injury occurred. If that station refuses, approach the Superintendent of Police under Section 173(4) BNSS, or file a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. For quashing of false FIRs, only the High Court has power under Section 528 BNSS. For compensation claims, a writ petition lies before the High Court under Article 226. The Sessions Court handles anticipatory bail applications.

What if Police Refuse to File FIR?

• Send a written complaint to the Superintendent of Police (SP) of the district. If the SP finds merit, they can direct an investigation.
• File a private complaint under Section 175(3) BNSS before the Magistrate. The Magistrate can order registration of FIR and investigation.
• If still no action, a writ petition in the High Court under Article 226 can compel the police to act and may also seek compensation.
• Keep proof of the original complaint—always send it by registered post or email with read receipt.

Rights of the Accused

If you are falsely implicated as a protester, you are still an accused in the eyes of the law. These rights are your shield:

• Right to silence: Article 20(3) of the Constitution means you cannot be compelled to give a statement that incriminates yourself.
• Right to legal representation: Article 22 ensures you can consult a lawyer of your choice before and during any interrogation.
• Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time.
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to bail: for bailable offences, bail is a matter of right; for non-bailable, apply before the court.

Bail Provisions

The false charges could include both bailable and non-bailable offences. For non-bailable sections like rioting, anticipatory bail under Section 482 BNSS is the first line of defence. The Sessions Court or High Court can grant it. If arrested, apply for regular bail under Section 480 BNSS. Courts often impose conditions like surrendering passport, not leaving the city, and attending the police station when called. A clear medico-legal record that shows the accused was injured by police helps tilt the bail argument in favour of the protester. Do not wait until arrest—move for bail as soon as you sense a case is being built.

Quashing of FIR / Case

The High Court can quash an FIR under Section 528 BNSS if it finds that the allegations, even if taken at face value, do not disclose any offence, or that the criminal proceeding is manifestly attended with mala fide or is an abuse of process. In this case, the false FIR was quashed because the medical evidence contradicted the police version, and the complaint itself revealed no prima facie offence. Quashing isn’t automatic—it requires a strong factual foundation. That’s why documentation and immediate legal action matter so much.

How the Police Behave in Such Cases

In protest-related FIRs, especially when police brutality is alleged, the police often close ranks. You might find the FIR written with vague, generic language. Witnesses may be reluctant to come forward. The same police station that perpetrated the violence may also investigate itself—that’s a clear conflict. In such environments, applying for bail, escalating to senior officers, and moving the High Court become necessary. Don’t expect the station house officer to help voluntarily. Plan for a fight from day one.

Timeline of Legal Process

• Day 1–3: Get medico-legal examination, preserve evidence, file complaint with police or Magistrate.
• Week 1: If FIR refused, approach SP or file private complaint. If false case lodged, apply for anticipatory bail.
• Within 30 days: Anticipatory bail hearing; investigation likely stalled while police gather their version.
• 2–4 months: Chargesheet may be filed by police—if false, content will likely be thin.
• 6–12 months: Quashing petition before High Court under Section 528 BNSS; can be heard earlier if listed urgently.
• If quashing succeeds, the case ends. If not, trial commences, which can take years.

How Long Will the Investigation Take?

Police investigation for protest-related false charges can take anywhere from 30 days to 90 days, depending on whether the offence is bailable or non-bailable. They are supposed to file a chargesheet within 90 days for offences punishable with less than ten years’ imprisonment. Delays beyond that can become grounds for default bail under Section 187 BNSS. But don’t count on a speedy investigation—the real battle is often at the quashing stage.

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?

Police-brutality complaints are rarely settled out of court because they involve public officials and State accountability. However, if the false case against the protester is compoundable—like simple hurt under Section 115 BNS—the parties could, in theory, enter into a compromise. In practice, the police will resist any settlement that admits wrongdoing. Mediation under Section 89 CPC doesn’t directly apply to criminal proceedings. Lok Adalat can settle compoundable criminal cases, but the larger issue of police excess usually remains. For the false FIR, the wise path is often to push for quashing rather than a compromise that leaves a record.

Common Mistakes People Make

• Delaying the medico-legal examination; soft-tissue injuries fade, and pellet marks can be dismissed as old scars.
• Not photographing the injuries immediately, with date and time stamps.
• Giving a statement to the police without an advocate present, especially if the police are also the accused.
• Posting emotional details on social media before legal strategy is set; content can be used to twist the narrative.
• Not preserving clothing with pellet holes or bloodstains—this is primary evidence that can vanish.
• Engaging an advocate who lacks specific experience in protest and disability-rights litigation. These cases move through criminal, constitutional, and disability law simultaneously. A practitioner unfamiliar with Section 89 RPwD Act or the tactical use of anticipatory bail in police-retaliation matters may miss critical procedural opportunities.

FAQs People Normally Have

• Can the police arrest me if I have a disability and I’m protesting? Yes, if they claim you violated a prohibitory order or committed a cognizable offence. But being disabled doesn’t grant immunity; it does provide specific legal protections if you are abused.
• What should I do right after the police hit me? Get to a government hospital. Ask the doctor to record the injuries in a medico-legal case (MLC) register. That document is crucial.
• Can I sue the police for damages? Yes, a writ petition in the High Court can claim compensation for violation of your fundamental rights. The amount depends on the severity.
• Will filing a case against the police put me at more risk? There’s a risk of retaliation. That’s why having an advocate who understands the dynamics is essential. They can secure protective orders and guide you on what not to do.

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.