House Attacked by Drunk Mob in Pune — Legal Rights and Remedies When Police Don't Respond

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 Verma's family had been living in their large residential compound in Kothrud, Pune, for over two decades. Her father, Ramesh Verma, had constructed several small dwelling units on the property and leased them at subsidised rates to daily-wage workers and labourers. It was a quiet arrangement — until around 10:45 PM on 18 March 2025, when everything changed.

That night, one of the tenant families came to Ramesh with a complaint: another tenant had assaulted their daughter. Ramesh asked them to bring the accused before him, but the man had already fled the premises. What followed was worse. The aggrieved tenant called in a group of men, visibly intoxicated, who arrived at the property looking for the fugitive. Unable to find him, they turned their rage on Ramesh. They abused him, threatened him, pelted stones, and shattered two windows with bricks. Ramesh, his wife, and Priya locked themselves inside the house with every door and window shut. Priya called 100. Police said they were on the way. Nobody came. The mob eventually dispersed only because neighbours gathered outside, creating enough noise to scare them off.

Priya reached out through a common contact. Earlier, her family had approached a local practitioner who sent a written complaint to the police station — it went unanswered for over a week. After engaging Advocate Sudhir Rao, the matter was approached differently: a written complaint under Section 173(4) BNSS was filed directly before the Superintendent of Police, a private complaint before the Judicial Magistrate was prepared simultaneously, and CCTV footage was preserved immediately under proper affidavit. The police registered the FIR within four days. The family also obtained a preventive order against the mob members under Section 126 BNSS. The situation stabilised.

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.

Preserve all evidence immediately: Don't wait. Photograph broken windows, damaged property, and any injuries before anything is repaired or cleaned. Back up CCTV footage to a separate device the same night. These are your strongest pieces of evidence and they disappear fast.

File a written complaint, not just a verbal one: Always submit a written complaint at the police station and insist on a receipt or acknowledgment. Oral complaints are easily ignored. A written record creates an official trail that's harder to dismiss.

Seek preventive action proactively: Under Section 126 BNSS, a Magistrate can direct the police to take preventive action against persons likely to commit a breach of peace. This is separate from the FIR and can be pursued in parallel to protect your family while the main case proceeds.

Cases involving mob violence, police inaction, and tenant-related conflict require advocates with specific experience in criminal law and preventive jurisdiction proceedings. A general practitioner may not be familiar with the procedural interplay between FIR filing, Section 173(4) BNSS escalation, and Magistrate-level preventive orders. And that gap can cost you weeks.

Applicable Sections of Law

This is a criminal matter involving mob violence, property damage, criminal intimidation, and police inaction. The following sections of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) are applicable:

• Section 324 BNS — Mischief (intentional destruction of property, including breaking windows)
• Section 351 BNS — Criminal intimidation (threatening harm to a person or their property)
• Section 191 BNS — Rioting (unlawful assembly using force or violence)
• Section 126 BNSS — Preventive action by Executive Magistrate against persons likely to commit breach of peace or cause disturbance
• Section 173(4) BNSS — Escalation to Superintendent of Police when a police station refuses to register an FIR

Punishment and Penalties

• Section 324 BNS (Mischief): Imprisonment up to 3 years, or fine, or both. Cognizable, bailable, and compoundable with permission of the court.
• Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. If threat involves death or grievous hurt, imprisonment up to 7 years. Cognizable and bailable.
• Section 191 BNS (Rioting): Imprisonment up to 2 years, or fine, or both. If armed with a deadly weapon, up to 3 years. Cognizable and bailable.

Make no mistake — even though these offences are bailable, a conviction on all three counts can result in cumulative sentences and significant fines. The compoundable nature of Section 324 BNS also opens a settlement pathway, but only under court supervision.

Jurisdiction — Where to File the Case

The FIR must be filed at the police station within whose territorial jurisdiction the incident occurred, in this case the police station covering Kothrud, Pune. If the local station refuses, escalation is made to the Superintendent of Police of that district under Section 173(4) BNSS.

For a private complaint, the appropriate court is the Judicial Magistrate First Class (JMFC) having territorial jurisdiction over the area where the offence was committed. For preventive action, an application lies before the Executive Magistrate (Sub-Divisional Magistrate) of the same area. Frankly, jurisdiction matters more than most victims realise, because filing in the wrong forum can delay your relief and allow the accused to raise procedural objections.

What if Police Refuse to File FIR?

Police inaction is a documented and unfortunately common problem. Here's what you can do when the local station won't act:

• Step 1 — Written complaint to SP: File a written complaint under Section 173(4) BNSS before the Superintendent of Police of the district. The SP is duty-bound to either investigate or direct the Station House Officer to register the FIR.
• Step 2 — Private complaint before Magistrate: Under Section 175(3) BNSS, you can directly approach the Judicial Magistrate with a complaint. The Magistrate can take cognizance and order an inquiry or direct the police to register the FIR.
• Step 3 — High Court Writ: If both avenues fail, a writ petition under Article 226 of the Constitution before the concerned High Court, on grounds of inaction and violation of your fundamental rights, is available as a last resort.
• Step 4 — Document everything: Keep a record of every call made to 100, every visit to the police station, and every written complaint submitted. These records are essential evidence of police inaction if you approach higher authorities.

As held in Lalita Kumari v. Government of Uttar Pradesh (2014), registration of FIR is mandatory when a cognizable offence is disclosed. Police inaction in such cases isn't merely irregular. It is unlawful.

Rights of the Accused

And here's the thing — even as the victim, knowing the accused's rights helps you anticipate their legal moves. If arrests are made:

• The accused has the right to remain silent and cannot be compelled to be a witness against himself under Article 20(3) of the Constitution.
• The accused has the right to legal representation under Article 22(1) and cannot be interrogated without access to counsel.
• The accused must be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 58 BNSS.
• The accused has the right to receive a copy of the FIR and to be informed of the specific grounds of arrest.
• No confession made to a police officer is admissible as evidence under Section 25 of the Indian Evidence Act, 1872 (still applicable until full BSA enforcement in this context).

Bail Provisions

All three primary offences here, Sections 324, 351, and 191 BNS, are bailable. This means the accused can obtain bail at the police station itself upon arrest, without requiring a court order. So don't be surprised if the accused is released quickly.

That said, if the accused apprehends arrest before it occurs, they can apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court. Regular bail, if arrested, is governed by Section 480 BNSS for bailable offences and Section 483 BNSS for non-bailable ones.

Bail conditions typically include a surety bond, a direction not to leave the city, and a restraint from contacting or threatening the complainant. Now, before you act, ensure your advocate specifically argues for a condition restraining the accused from approaching your client's premises. It's often missed. And it's critical for safety.

Quashing of FIR / Case

Now, before you call your advocate, understand that the accused may attempt to quash the FIR. Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings where no prima facie offence is disclosed, or where continuation of proceedings amounts to abuse of process.

But in cases involving property damage and mob violence with corroborating CCTV evidence and independent witnesses, quashing petitions are difficult to sustain. As held in State of Haryana v. Bhajan Lal (1992 AIR SC 604), quashing is appropriate only in clear-cut cases where the allegations, taken at face value, disclose no offence. Where evidence of stone-pelting and window-breaking exists, that threshold is rarely met. Oppose any quashing petition aggressively with your collected evidence.

If You Are the Victim

• File a written FIR without delay: Go to the police station the very next morning with a written complaint. Do not rely solely on a phone call to the helpline.
• Approach the Executive Magistrate for preventive orders: Apply under Section 126 BNSS for a direction to the police to bind over the accused and maintain peace near your residence.
• Install CCTV and document all damage: Photograph every broken window, damaged wall, and any physical injuries. Get a property damage estimate in writing from a contractor if needed.
• Speak to your neighbours: Neighbours who witnessed the attack are critical witnesses. Record their willingness to give statements before they are approached or pressured by the accused's party.
• Do not negotiate directly with the accused or the other tenant family: Any direct negotiation without legal advice can weaken your position in court and may be misrepresented later.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the complainant and property owner
• Property ownership documents (sale deed, municipal tax receipts, title documents)
• Rental agreements with all tenants
• CCTV footage (original, backed up to a secure device or cloud storage)
• Photographs of damaged property (windows, walls, broken bricks at site)
• Medical examination reports if any family member suffered injury
• Call records showing the call made to 100 and the timestamp
• Written acknowledgment of any complaint submitted to the police station

What Evidence Is Required?

• CCTV footage: Primary evidence. Shows the identities of the attackers, the time of attack, and the acts of stone-pelting. Must be preserved immediately.
• Eyewitness testimony: Statements from neighbours who witnessed the mob and the damage. Their accounts are corroborative oral evidence.
• Photographs and video of damage: Broken windows, brick fragments, damaged property — all constitute real/physical evidence of mischief under Section 324 BNS.
• Call logs to emergency services: The timestamp of your call to 100 and any recorded response is evidence of both the incident and police inaction.
• Medical and injury reports: If any family member was struck or injured, a medical examination report from a government hospital carries evidentiary weight.
• Identification of accused: Neighbours or victims who can identify the accused by name, address, or appearance strengthen the charge significantly.

How the Police Behave in Such Cases

Bluntly put — police often treat tenant-dispute violence as a "civil matter" or a neighbourhood dispute, and they delay FIR registration hoping the parties will settle. The initial call to 100 is routinely ignored in late-night incidents involving labourers or working-class tenants, where political or local-muscle considerations sometimes come into play.

Once a formal written complaint is filed and escalated to the SP level, the attitude tends to shift. When CCTV footage is attached and specific BNS sections are cited in the complaint, police are less likely to sit on it.

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.