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 police refuse to act on your FIR despite clear evidence, or are colluding with the other side to force a settlement, you're not helpless. Approach the Superintendent of Police, file a private complaint before a Magistrate under BNSS, and if all fails, move the High Court. A lawyer experienced in criminal prosecution can make all the difference here.
Here's the real story. A resident of Nagpur, let's call him Rohan Gupta, ran a small roadside food stall in the Gandhibagh area. In early March 2025, he noticed an unlicensed eatery nearby openly selling spurious country liquor. Rohan confronted the shop owner, Vijay Shinde. Things turned ugly. Vijay and two others assaulted Rohan with iron rods and sticks. Rohan filed an FIR at the Ganeshpeth Police Station in Nagpur on 10 March 2025. Offences under Sections 118(1), 3(5), 352, and 127(2) of the BNS were invoked. Medical reports and photographs were submitted. Solid evidence. But the police did nothing for weeks. Rohan later learnt that Vijay's family had paid off the local police station. Officers started pressuring Rohan to "settle" the matter and withdraw the case. Desperate, Rohan approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office immediately filed a representation before the Superintendent of Police, Nagpur. When that got no response, a private complaint under Section 175(3) BNSS was moved before the Chief Judicial Magistrate. The Magistrate issued process against Vijay and the two others. The police were forced to investigate. Chargesheet was filed within 45 days. The case now proceeds before the Sessions Court. Advocate Sudhir Rao's focused expertise in criminal prosecution — particularly in cases where police collusion is suspected — helped cut through the inertia and secure a proper investigation.Key Facts of the Case
- The assault occurred on 8 March 2025 at Gandhibagh, Nagpur, after Rohan confronted Vijay Shinde over illegal country liquor sale.
- FIR No. 145/2025 was registered at Ganeshpeth Police Station, Nagpur on 10 March 2025 under Sections 118(1), 3(5), 352, and 127(2) of the BNS.
- Medical reports (MLC) and photographs of injuries were submitted with the FIR.
- The accused attempted to settle the matter by bribing police officials, who then pressured the victim to withdraw the case.
- Despite clear evidence, police did not arrest any accused or file a chargesheet for over 30 days.
- Chamber of Advocate Sudhir Rao moved a private complaint before the Chief Judicial Magistrate under Section 175(3) BNSS after police inaction.
- The Magistrate took cognizance and issued summons to the accused within 14 days of the complaint.
- Chargesheet was eventually filed, and the case is now before the Sessions Court.
The Direct Legal Answer
The core issue is simple: police are not investigating your FIR despite solid evidence because the other side has paid them off. What do you do?
Can I force the police to investigate?
Yes. Under Section 173(4) of the BNSS, you can approach the Superintendent of Police (SP) with a written complaint about the inaction. If the SP does not act, your next step is a private complaint before a Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate, or take cognizance directly and issue process against the accused.
Can the case genuinely settle outside court?
Only if the offence is compoundable. Assault under Section 118(1) BNS is compoundable only with the victim's consent, and only before the court. Any "settlement" arranged through police pressure is illegal and has no legal value. Do not consent under duress. The court will not accept a compounding memo unless you voluntarily agree.
Will social media help?
Social media can create public pressure, especially with a clear FIR number and details. But it is not a legal remedy. Use it as a last resort, or alongside formal legal steps. Do not rely on it alone.
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.
Second, document everything. Keep copies of your FIR, medical records, photos, and any communication with the police — including their refusal to act. Third, do not engage directly with the accused or their family. Let your lawyer handle that. This type of case — where police collusion is suspected — requires a lawyer who regularly works on criminal prosecutions. A general practitioner may not know how to move a private complaint or approach the High Court effectively. An experienced criminal lawyer knows the evidentiary and procedural nuances.
Applicable Sections of Law
- Section 118(1) BNS: Voluntarily causing grievous hurt by dangerous weapons or means — punishment up to life imprisonment or up to 10 years, with fine.
- Section 3(5) BNS: Common intention — when multiple persons act in furtherance of a common intention, each is liable as if they did the act alone.
- Section 352 BNS: Intentional insult with intent to provoke breach of peace — punishable with imprisonment up to 2 years, or fine, or both.
- Section 127(2) BNS: Voluntarily causing hurt — punishable with imprisonment up to 1 year, or fine up to Rs. 5,000, or both.
- Section 175(3) BNSS: Private complaint before Magistrate when police refuse to investigate.
- Section 173(4) BNSS: Complaint to Superintendent of Police regarding police inaction.
Punishment and Penalties
- Section 118(1) BNS: Up to life imprisonment or imprisonment up to 10 years, with fine. Cognizable, non-bailable, and non-compoundable.
- Section 3(5) BNS: Same punishment as the substantive offence. Cognizable, non-bailable, non-compoundable.
- Section 352 BNS: Imprisonment up to 2 years, fine, or both. Cognizable, bailable, compoundable with permission of court.
- Section 127(2) BNS: Imprisonment up to 1 year, fine up to Rs. 5,000, or both. Cognizable, bailable, compoundable with victim's consent.
Note: The most serious offence here is Section 118(1) BNS, which is non-bailable and non-compoundable. That means the accused cannot simply settle the case and walk away.
Jurisdiction — Where to File the Case
In criminal matters, jurisdiction lies with the police station where the offence occurred — here, Ganeshpeth Police Station in Nagpur. For a private complaint, you file before the Judicial Magistrate First Class or Chief Judicial Magistrate of the district (Nagpur). For approaching the High Court under Section 528 BNSS (quashing or directions), jurisdiction lies with the Nagpur Bench of the Bombay High Court. Jurisdiction matters because filing in the wrong court wastes time and money.
What if Police Refuse to File FIR?
If police refuse to register your FIR, you have several remedies:
- File a written complaint with the Superintendent of Police under Section 173(4) BNSS. The SP can direct the station to register the FIR.
- If the SP does not act, file a private complaint before a Judicial Magistrate under Section 175(3) BNSS. The Magistrate can order investigation.
- As a last resort, file a writ petition before the High Court seeking direction to register the FIR.
- You can also file a complaint with the State Human Rights Commission or the National Human Rights Commission if inaction amounts to human rights violation.
These steps must be taken without delay. Every day's delay weakens your case.
Rights of the Accused
Even though you are the victim, it helps to understand the accused's rights:
- Article 20(3): Right against self-incrimination — accused cannot be forced to be a witness against themselves.
- Article 22: Right to legal representation — accused can consult and be defended by a lawyer.
- Right to be produced before Magistrate within 24 hours: After arrest, the accused must be produced before a Magistrate within 24 hours (excluding travel time).
- Right to copy of FIR: The accused is entitled to a copy of the FIR and all police records during investigation.
- Right to bail: For bailable offences, bail is a right. For non-bailable, it is at the court's discretion.
Bail Provisions
For Section 118(1) BNS (grievous hurt by dangerous weapon), the offence is non-bailable. That means the accused must apply for bail before the Sessions Court or the Magistrate. Anticipatory bail under Section 482 BNSS can be sought by the accused from the Sessions Court or High Court before arrest. Regular bail under Section 480 BNSS is applied after arrest. Bail is typically granted if the accused has no criminal antecedents, is not a flight risk, and does not threaten witnesses. However, in serious assault cases with medical evidence, courts are often reluctant to grant bail early. Your lawyer should oppose bail vigorously at the initial stage.
Quashing of FIR / Case
The accused may try to quash the FIR under Section 528 BNSS (inherent powers of the High Court). Grounds for quashing include: no prima facie offence, malicious prosecution, abuse of process of court, or when the parties have genuinely compromised. Since the offence under Section 118(1) BNS is non-compoundable, quashing on the ground of settlement is difficult but not impossible — the High Court may quash in exceptional circumstances. As the victim, you must oppose such quashing through your lawyer. If the court sees medical evidence and photos, it is unlikely to quash.
If You Are the Victim
- Do not withdraw the FIR under police pressure. A settlement reached under duress has no legal sanctity.
- Collect and preserve all evidence: medical reports, photos, CCTV footage, and independent witness statements.
- File a formal complaint with the Superintendent of Police if the local station is not cooperating.
- Engage a criminal lawyer immediately — do not handle the case yourself.
- Consider filing a private complaint before the Magistrate if police inaction continues.
- Do not post anything on social media that could be used against you in court — let your lawyer handle communication.
Documents You Must Keep Ready
- Copy of the FIR with its number, date, and police station name
- Medical records (MLC, discharge summary, doctor's notes)
- Photographs of injuries, taken immediately after the incident
- Any CCTV footage from the location (preserve the original source)
- Identity proof (Aadhaar, PAN, voter ID) of the victim
- List of witnesses with their contact details
- Any written complaint made to the police or higher authorities
- Phone bills or location data showing your presence at the spot at the time of the incident
What Evidence Is Required?
- Medical evidence: MLC report, injury certificates, doctor's testimony
- Photographs/videos: Digital evidence with metadata showing date and time
- Witness statements: Independent eyewitnesses who saw the assault
- Weapon (if recovered): The iron rod or stick used in the assault
- Forensic evidence: Bloodstained clothes, DNA from weapon (if applicable)
- Documentary evidence: FIR, police diary entries, call records, location data
- Primary vs secondary: Original documents and original digital files are primary evidence; copies and printouts are secondary and may need certification under the Evidence Act
How the Police Behave in Such Cases
When money changes hands, police behaviour shifts. Officers may delay investigation, lose evidence, or pressure you to "compromise." They might say the case is weak, or that the accused is "influential." This is precisely why you must escalate immediately. Police are bound by law to investigate a cognizable offence. Their refusal is a violation of your rights. A properly drafted complaint to the SP or a private complaint in court forces them to act. Experienced criminal lawyers know how to document and prove police misconduct, which can lead to departmental action or even contempt proceedings.
Timeline of Legal Process
- FIR to chargesheet: 0-90 days (police must file chargesheet within 90 days for offences punishable with up to 10 years; for life imprisonment, within 60 days).
- Chargesheet to cognizance: 15-30 days (Magistrate takes cognizance and issues process).
- Framing of charges: 30-60 days after appearance of accused.
- Trial (evidence and arguments): 6 months to 2 years, depending on court workload and witnesses.
- Judgment: 1-3 months after conclusion of arguments.
- Appeal: Additional 6 months to 1 year if either side appeals.
- With an experienced lawyer, the process can be expedited through timely filings and proactive court appearances.
How Long Will the Investigation Take?
Under BNSS, police must complete investigation within 90 days for offences punishable with up to 10 years imprisonment. For Section 118(1) BNS (up to life imprisonment), the limit is 60 days. If chargesheet is not filed within 60 days, the accused gets a right to default bail. So the pressure is on the police to act quickly — unless they are deliberately stalling. Your lawyer should file an application before the Magistrate for a direction to file the chargesheet if delay is unreasonable.
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 within specific legal limits. Offences under Section 127(2) BNS (simple hurt) and Section 352 BNS (insult) are compoundable with the victim's consent. That means you can agree to settle, and the court will record the compromise. However, Section 118(1) BNS (grievous hurt by dangerous weapon) is non-compoundable — the court cannot accept a settlement on that charge. The accused can still apply for bail or quashing based on genuine compromise, but acquittal is not guaranteed on that count. Settlement through police mediation (outside court) has no legal validity. Always settle through court process, not police station deals.
Common Mistakes People Make
- Delay in acting: Waiting weeks before escalating police inaction reduces the chance of a swift investigation.
- Destroying evidence: Throwing away clothes, not preserving photos, or deleting CCTV footage accidentally or under pressure.
- Speaking to the accused without counsel: Anything you say can be twisted and used against you. Always have your lawyer present.
- Posting on social media prematurely: Your posts can be used by the defence to argue that you are exaggerating or have a motive. Let your lawyer handle the narrative.
- Engaging a general practitioner instead of a criminal law specialist: This type of case — with police collusion, private complaint strategy, and High Court jurisdiction — needs domain-specific experience. A general lawyer may miss procedural deadlines or fail to document police misconduct properly, weakening your case.
- Falling for police pressure to "settle": Do not sign any withdrawal or compromise document under duress. That document has no legal force if signed under coercion.
FAQs People Normally Have
Can I approach the Magistrate directly if police are not acting?
Yes. Under Section 175(3) BNSS, you can file a private complaint before the Judicial Magistrate First Class. The Magistrate can take cognizance and issue process against the accused, or direct police to investigate.
Will the accused get bail easily in a Section 118(1) BNS case?
No, it is non-bailable. The accused must apply for bail before the Sessions Court or High Court. Your lawyer should oppose bail by citing medical evidence, the weapon used, and the seriousness of injuries.
What if the accused threatens me again?
File an additional complaint with the police and approach the Magistrate for protection. You can also file an application for interim protection or restraining order. Do not ignore threats.
Is there a time limit to file a private complaint?
For cognizable offences, there is no strict limitation period. However, delay must be explained to the court. File as soon as possible.
Can I get compensation as a victim of assault?
Yes. You can claim compensation under Section 357 BNSS (compensation to victims) or under the Victim Compensation Scheme of your state. Your lawyer can assist in filing the claim.
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.