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.
Arjun Mehta was barely nineteen when his life was upended in the worst possible way. His family lived in a small locality on the outskirts of Nagpur, and his father, Ramesh Mehta, had consciously stayed away from local political affairs during the recent assembly elections. He had not campaigned for anyone. He had not publicly aligned with any party. None of it mattered.
Around 8 March 2025, a large group of men — reportedly affiliated with a local political faction that had just suffered a reversal in election results — descended on the Mehta household. They broke windows, damaged the front door, destroyed household belongings, and hurled abuses. Ramesh's elderly mother, Savitribai, then 87 years old, was in the house at the time. The shock and trauma left her bedridden for weeks.
Arjun went to the local police station twice. The officers on duty stalled, citing "political sensitivity." Nothing was registered. Frustrated and unsure of his next step, Arjun approached Advocate Sudhir Rao. The earlier visits to a local general practitioner had yielded no concrete legal action — he had received only vague reassurances. Once the matter was taken up with a focused criminal law approach, a formal complaint was drafted, procedural pressure was applied through the correct channels under the Bharatiya Nagarik Suraksha Sanhita, and the police were compelled to register the FIR. Action against the perpetrators followed within weeks.
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.
Document Everything Immediately: Photograph the damage to the property, the injuries to family members, and the scene as a whole. Time-stamp everything. Don't clean up or repair the damage before the police visit and document it officially.
Write a Detailed Complaint: Before going to the police station, write down a clear, dated, signed written complaint naming the accused persons (if known), the date and time of the incident, and what was done. Hand over a copy and keep one with you.
Seek Medical Records for Injured Persons: If an elderly family member or anyone else suffered physical or psychological harm, get a doctor's certificate immediately. This becomes critical evidence in court.
And here's the thing — cases involving political mob violence carry specific procedural and evidentiary layers that a general criminal law practitioner may not be fully familiar with. Engaging an advocate who regularly handles criminal matters of this nature, including forced FIR registration and protection petitions, typically results in significantly faster progress. Don't go in unprepared.
Applicable Sections of Law
The following sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) apply in a case of this nature:
- Section 191 BNS — Rioting: Where five or more persons use force or violence in prosecution of a common unlawful object, every member of the unlawful assembly is guilty of rioting.
- Section 324 BNS — Mischief causing damage to property: Applicable where the mob intentionally destroys or damages property belonging to the victim.
- Section 351 BNS — Criminal intimidation: Applies where threats are made to cause fear of injury to the person or property of another.
- Section 115 BNS — Voluntarily causing hurt: Applies where family members, including elderly persons, suffer physical harm during the attack.
Punishment and Penalties
- Section 191 BNS (Rioting): Imprisonment up to 2 years, or fine, or both. Non-bailable, cognizable offence.
- Section 324 BNS (Mischief): Imprisonment up to 5 years, or fine, or both, depending on the value of property damaged. Cognizable, bailable for minor damage; non-bailable where damage is substantial.
- Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. Cognizable, bailable, and non-compoundable where threat involves serious injury.
- Section 115 BNS (Voluntarily causing hurt): Imprisonment up to 1 year, or fine up to Rs. 10,000, or both. Bailable, cognizable, compoundable with permission of court.
Jurisdiction — Where to File the Case
The complaint and FIR must be filed at the police station within whose territorial limits the incident occurred. Mandatory. No exceptions. The station covering the specific locality or village where the mob attack took place has jurisdiction, and once the FIR is registered and a chargesheet is filed, the case goes before the Judicial Magistrate of First Class (JMFC) having jurisdiction over that area. And here's why this matters: filing at the wrong station can cause procedural delays and give the accused grounds to challenge proceedings later.
What if Police Refuse to File FIR?
Make no mistake — police refusal to register an FIR in a cognizable offence is itself a violation of law, as held in Lalita Kumari v. Government of UP, 2014, where the Supreme Court mandated mandatory FIR registration in cognizable cases. Here's what you can do:
- Send a written complaint by registered post to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, requesting FIR registration.
- File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate and register the case.
- Approach the High Court by filing a writ petition under Article 226 of the Constitution, seeking a direction to the police to register the FIR.
- File a written complaint with the State Human Rights Commission if an elderly or vulnerable person suffered harm due to the attack and police inaction.
Rights of the Accused
If any person in your family faces a counter-complaint or retaliatory arrest, these rights apply:
- Right against self-incrimination under Article 20(3) of the Constitution — no person can be compelled to be a witness against themselves.
- Right to legal representation under Article 22 — an arrested person has the right to consult and be defended by an advocate of their choice.
- Right to be produced before a Magistrate within 24 hours of arrest as guaranteed under Article 22(2) and Section 57 BNSS.
- Right to receive a copy of the FIR at no cost, as per Section 173(2) BNSS.
- Right to be informed of the grounds of arrest at the time of arrest, as required under Section 47 BNSS.
Bail Provisions
Whether bail is available depends on the specific sections charged. Frankly, this is where people get confused. Rioting under Section 191 BNS and mischief under Section 324 BNS are generally bailable at the police station level for less serious variants. Where the charges are serious, involving substantial destruction or grievous hurt, the offences become non-bailable, requiring an application before the Magistrate.
- Regular bail: Apply under Section 480 BNSS before the Magistrate or under Section 483 BNSS before the Sessions Court if the Magistrate refuses.
- Anticipatory bail: If there is a credible apprehension of arrest — especially from retaliatory complaints — apply under Section 482 BNSS before the Sessions Court or High Court.
- Bail conditions typically include presence during trial, not tampering with witnesses, and surrendering travel documents in serious matters.
Quashing of FIR / Case
Retaliatory FIRs are common in politically charged matters. If a false or retaliatory FIR is filed against the victim or their family members, quashing is a viable remedy. The High Court exercises inherent powers under Section 528 BNSS to quash an FIR where no prima facie offence is made out, where the complaint is an abuse of the legal process, or where the parties have reached a settlement in a compoundable matter. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the categories under which quashing is appropriate, and this case law remains directly relevant even under the BNSS framework. Now, before you act — quashing applications must be filed before the High Court within a reasonable time, because delay weakens the argument that the FIR is an abuse of process.
If You Are the Victim
- File a written complaint at the local police station immediately, and keep a copy stamped with the date and receipt number.
- If the FIR is not registered, escalate in writing to the SP and simultaneously approach the Magistrate under Section 175(3) BNSS.
- Obtain a medical examination report for any family member who suffered harm — physical or psychological — during the incident.
- Preserve all photographs, video recordings, and eyewitness contact details. Do not share these publicly on social media before consulting your lawyer.
- Apply for police protection under Section 432 BNSS if there is a continuing threat to your safety or that of your family.
Documents You Must Keep Ready
- Aadhaar card and PAN card of the complainant and affected family members
- Photographs and video evidence of the damage to the house and property
- Medical reports and prescriptions of injured or traumatised family members
- Written complaint with date, stamped acknowledgment from police station
- Names, addresses, and contact details of eyewitnesses
- Any prior threats received — screenshots, WhatsApp messages, recorded calls
- Property documents (ownership or rental proof) to establish value of damaged property
- News articles or local media coverage, if any, corroborating the incident
What Evidence Is Required?
- Direct evidence: Eyewitness testimony from neighbours or passersby who saw the mob attack
- Documentary evidence: Photographs and video footage of the destruction, dated and preserved in original format
- Medical evidence: Doctor's certificate and hospital records for any injured family member
- Electronic evidence: CCTV footage from the locality, mobile phone videos, WhatsApp messages containing threats
- Property damage assessment: Valuation report or repair estimates from a qualified contractor to establish quantum of loss
- Prior threat evidence: Any recorded communication showing pre-meditated intent by the accused
- Secondary evidence: News reports or social media posts by the accused group that corroborate the mob gathering
How the Police Behave in Such Cases
Politically sensitive mob violence cases are among the most difficult to push through at the station level. Officers frequently cite the need for "verification" before registering an FIR, which is legally impermissible in cognizable offences as settled in Lalita Kumari v. Government of UP, 2014. In practice, police may delay registration, water down the sections applied, or register only a general diary entry instead of an FIR. And here's the thing — in areas with strong political patronage, pressure from local leaders can informally influence how the station responds. Persistence through written escalation and legal pressure is what typically produces results. Going in without a lawyer almost always prolongs this stage unnecessarily.
Timeline of Legal Process
- FIR Registration (Day 1–7): File written complaint; escalate to SP or Magistrate if police delay
- Police Investigation (Weeks 1–8): Statements recorded, site inspected, accused persons identified and interrogated
- Chargesheet Filing (Within 60–90 days of arrest under BNSS): Police file chargesheet before Magistrate
- Cognizance and Summons (Months 2–4): Magistrate takes cognizance and issues summons to accused
- Framing of Charges (Months 4–8): Court frames specific charges after hearing both sides
- Trial and Evidence (Months 8–24): Prosecution leads evidence; defence cross-examines; typically 12–24 months depending on witnesses
- Arguments and Judgment (Months 24–36): Final arguments followed by judgment
- Appeal (If required): Sessions Court or High Court; adds 12–36 months depending on complexity
How Long Will the Investigation Take?
Where the accused persons have been arrested, BNSS mandates that a chargesheet must be filed within 60 days. If the accused are not arrested, investigation can extend to 90 days or more. In politically sensitive cases, investigation often proceeds slowly unless monitored through periodic court applications. Realistic expectation: FIR to chargesheet typically takes 2 to 5 months, depending on how many accused persons are involved and the local police's responsiveness.
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.
Advocate Sudhir Rao, Supreme Court of India