Drunk Man Near Cantonment Demanded Aadhaar and Threatened Students — What Does the Law Say?

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.

Priya Sinha and her friend Arvind Chauhan were students at a well-known National Institute of Importance situated on the outskirts of Nagpur. Around 18 February 2025, the two were seated on a public bench along a busy road that connects the institute to the main market area near Sitabuldi. The road is used daily by hundreds of civilians, students, and local residents.

Two men arrived on a motorcycle, visibly intoxicated and not wearing any uniform. They immediately demanded Aadhaar cards and the students' fathers' phone numbers. When Arvind offered his college identity card, one of the men began calling them "terrorists" and "Pakistanis." Priya asked them to identify themselves before making any such demands. The men claimed the area "belonged to the army," that ATS was present nearby, and that civilians were not permitted to sit on that bench. There was no signboard of any kind indicating any restriction.

It got worse. One man made remarks comparing them to the Pulwama attack and challenged whether "their judges were bigger than the military." Before leaving on their motorcycle, he told them to wait, implying he would return with more people. Priya and Arvind left immediately, fearing violence.

After the incident, Priya tried approaching local police on her own and found the response dismissive. She then reached out to Advocate Sudhir Rao, who had handled several cases involving unlawful intimidation, wrongful identity demands, and harassment by persons falsely claiming state authority. With a focused legal strategy that combined a formal complaint, written representations citing specific provisions of the Bharatiya Nyaya Sanhita, and a clear evidentiary record, the matter was addressed and the students received appropriate acknowledgment and relief. The earlier informal approach had produced no result. The structured legal intervention made the difference.

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.

Cases involving harassment by persons falsely projecting official authority sit at the intersection of criminal law, constitutional rights, and administrative law. Frankly, these matters carry procedural nuances that a general practitioner may not be fully familiar with. An advocate who regularly handles criminal intimidation, wrongful confinement, and civil rights violations will know precisely which provisions apply, how to frame the complaint, and what evidence to preserve from the outset. That kind of domain-specific experience isn't something you want to gamble on.

Document everything immediately: Write down the exact sequence of events, the words used, the physical description of the individuals, the location, and the approximate time. Do this within hours of the incident, not days. Memory fades, and a contemporaneous written record carries significant evidentiary value.

Don't confront or negotiate on your own: Resist the urge to go back to the spot or engage the individuals without counsel. Any further interaction without legal guidance can complicate your own position and potentially be used out of context.

Applicable Sections of Law

This is a criminal matter. It involves intimidation, wrongful demands of identity by unauthorised persons, and threats. The following provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) are directly applicable:

• Section 351 BNS (Criminal Intimidation): Threatening a person to cause alarm or compel a specific action is punishable under this section.
• Section 352 BNS (Intentional Insult): Intentionally insulting a person by calling them a "terrorist" or "Pakistani" to provoke a breach of peace attracts this provision.
• Section 356 BNS (Defamation): False imputations that damage a person's reputation, including labelling them a terrorist without basis, may attract this section.
• Section 74 BNS (Assault or use of criminal force): Even a credible threat creating apprehension of force, without actual contact, constitutes an offence under this provision. The Aadhaar Act, 2016, Section 29, further prohibits unauthorised collection of identity information.

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, imprisonment may extend to seven years.
• Section 352 BNS (Intentional Insult): Simple imprisonment up to three months, or fine up to Rs. 500, or both.
• Section 356 BNS (Defamation): Simple imprisonment up to two years, or fine, or both.
• Cognizance: Section 351 is cognizable; Section 352 and 356 are non-cognizable.
• Bail: Sections 352 and 356 are bailable. Section 351 (basic form) is bailable; the aggravated form involving threat of death or grievous hurt is non-bailable.
• Compoundable: Sections 352 and 356 are compoundable; Section 351 is not compoundable as a general rule.

Jurisdiction — Where to File the Case

For criminal matters of this nature, the complaint or FIR must be filed at the police station having territorial jurisdiction over the location where the incident occurred. In this case, that would be the police station covering the road near the institute in Nagpur where the encounter took place. If police refuse to act, a complaint may be filed before the Judicial Magistrate of First Class (JMFC) having jurisdiction over that area. And here's the thing — getting jurisdiction right from the very first step is critical, because a complaint filed at the wrong station can cause unnecessary delays and procedural complications.

What if Police Refuse to File FIR?

Police sometimes take a passive approach when the accused are perceived to have any affiliation, however loose, with security establishments. That doesn't mean you're without remedy. Here's what you can do:

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), requesting that the FIR be registered.
• File a private complaint directly before the Judicial Magistrate of First Class under Section 175(3) BNSS, who may then take cognizance and direct police to investigate.
• If the Magistrate also fails to act, approach the jurisdictional High Court by way of a writ petition under Article 226 of the Constitution of India.
• In cases where identity or safety is at risk, seek interim protection from the High Court simultaneously with the writ petition.

The Supreme Court in Lalita Kumari v. Government of UP, 2014 clearly mandated that police must register an FIR upon receipt of information disclosing a cognizable offence. That judgment is your baseline protection if police try to turn you away.

Rights of the Accused

If, by any chance, the situation is reversed and you or the students find themselves being accused (which can happen when a counter-complaint is filed), it's essential to know these rights:

• Right against self-incrimination under Article 20(3) of the Constitution — no person is compelled to be a witness against themselves.
• Right to legal representation at every stage, guaranteed under Article 22(1) of the Constitution.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 58 BNSS.
• Right to a copy of the FIR and to be informed of the grounds of arrest under Section 47 BNSS.
• Right to silence during police interrogation — exercising this right cannot be treated as an admission of guilt.

Bail Provisions

For the offences most directly relevant here — Section 351 BNS in its basic form, and Sections 352 and 356 BNS — bail is available as a matter of right since these are bailable offences. The accused can apply for bail at the police station itself under Section 480 BNSS.

Now, before you act, consider this. In the event charges are framed under the aggravated form of Section 351 BNS (threat of death or grievous hurt), which is non-bailable, regular bail may be sought before the Sessions Court under Section 483 BNSS. Anticipatory bail under Section 482 BNSS is advisable if there's reason to believe arrest is imminent. Typical bail conditions include furnishing a surety, appearing before the investigating officer as required, and not tampering with witnesses.

Quashing of FIR / Case

If a counter-FIR is lodged against the students, or if any FIR is filed without sufficient basis, the High Court has inherent powers under Section 528 BNSS to quash proceedings where no prima facie offence is made out, or where the complaint is an abuse of the process of law. In State of Haryana v. Bhajan Lal, 1992, the Supreme Court laid down categories of cases where quashing is appropriate, including situations where the allegations, even if taken at face value, don't constitute an offence. A petition under Section 528 BNSS is a practical remedy worth exploring if the FIR itself is malicious or unfounded.

If You Are the Victim

• Leave the scene safely first. Your physical safety comes before collecting evidence.
• Write a detailed account of the incident immediately — time, location, description of individuals, exact words spoken, and any witnesses present.
• Photograph the location, including any absence of restriction signboards, as soon as it is safe to do so.
• File a complaint at the jurisdictional police station and insist on a written acknowledgment of receipt.
• If you have phone footage or audio from the incident, preserve it in its original form without editing or forwarding — metadata matters in digital evidence.

Documents You Must Keep Ready

• Aadhaar card and PAN card (identity proof)
• College identity card (establishes student status and institutional affiliation)
• Written narration of events, signed and dated contemporaneously
• Any photographs or videos of the location, the individuals if captured incidentally, or the road and bench area
• Screenshots or records of any communication after the incident (e.g., if the individuals contacted you or made online statements)
• Names and contact details of any witnesses present at the scene
• Copy of FIR or acknowledgment of complaint once filed
• Medical or psychological report if you suffered distress requiring consultation

What Evidence Is Required?

• Primary evidence: Video or audio recordings of the incident, if available — courts treat original digital files as primary electronic evidence under Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
• Witness testimony: Statements from anyone present on the road or bench area during the incident.
• Contemporaneous written record: Your own signed account prepared immediately after the incident, which carries weight as a prior consistent statement.
• Location evidence: Photographs showing the public nature of the road, absence of restriction signboards, and civilian use of the area.
• Character/conduct evidence: Any prior complaints or records against the individuals, if obtainable.
• Expert opinion: If the Aadhaar demand is being contested, a statement from UIDAI or a cyber law expert on Section 29 of the Aadhaar Act, 2016 can support the case.

How the Police Behave in Such Cases

Make no mistake — when an incident involves anyone perceived to be connected to a security or defence establishment, even loosely, local police sometimes hesitate to act promptly. They may suggest an "amicable resolution," delay registering the FIR, or informally advise the complainant to drop the matter. This reluctance isn't legally justified, as Lalita Kumari v. Government of UP, 2014 makes clear. Having a lawyer present when approaching the police station, or submitting a written complaint rather than only making a verbal one, can significantly change the dynamic and create an accountable paper trail from day one.

Timeline of Legal Process

• Day 1-3: File FIR or written complaint at jurisdictional police station.
• Week 1-2: Police register FIR, begin preliminary enquiry, and record statement of complainant.
• Week 2-8: Investigation — site visit, witness statements, identification of accused, potential arrest.
• Within 60-90 days: Chargesheet filed before Magistrate under Section 193 BNSS.
• 1-3 months after chargesheet: Court takes cognizance, summons issued to accused.
• 3-6 months: Framing of charges by Magistrate.
• 6 months-2 years: Trial — examination of witnesses, cross-examination, arguments.

Advocate Sudhir Rao, Supreme Court of India