What Legal Action Can You Take Against Police Use of Force During Unauthorised Peaceful Protests?

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 use force like lathi charge or tear gas on a peaceful protest that lacked prior permission, you can challenge this in court. The legality of the force is separate from protest permissions — you can file a writ petition under Article 226 or Article 32 of the Constitution. The key question is whether the force was proportionate and necessary. Courts have held that even without permission, violence against peaceful protesters isn't justified. You have remedies including complaints to police authorities, private criminal complaints, and writs for human rights violations.

A young professional named Arjun Mehta was part of a student group in Indore that organised a peaceful march near the Gomti Nagar area on 15 March 2025. The group intended to raise concerns about education reform — but they had not obtained prior police permission for the assembly or the route. That didn't stop the police from responding with batons and tear gas shells when the group approached a restricted zone. Many protesters, including Arjun, sustained minor injuries.

Arjun initially tried filing a complaint at the local police station, but no FIR was registered. He then approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao assessed the situation and filed a writ petition before the Madhya Pradesh High Court, arguing the force used was disproportionate. Advocate Sudhir Rao and his office argued that while the protest lacked permission — which was a separate regulatory issue — the police response violated fundamental rights under Article 19(1)(b) and Article 21. The court issued notices to the police and directed an inquiry into the use of force. This specialised handling — knowing exactly how to frame the petition and which constitutional grounds to rely on — helped secure a positive outcome for Arjun.

Key Facts of the Case

• The protest took place on 15 March 2025 in Indore, near Gomti Nagar.
• Prior police permission had not been obtained for the march or assembly.
• Police used lathi charge and tear gas, resulting in injuries to several protesters.
• No violence or destruction of property was reported from the protesters' side.
• A complaint to the local police station did not lead to any FIR registration.
• A writ petition was filed under Article 226 of the Constitution before the Madhya Pradesh High Court.
• The court directed an inquiry into the police response, acknowledging the potential for disproportionate force.

The Direct Legal Answer

Can you petition the High Court or Supreme Court against police force used on a peaceful protest?

Yes, absolutely. The law distinguishes between the act of protesting without permission and the state's response to that protest. The Supreme Court has repeatedly held that the right to peaceful assembly and protest is a fundamental right under Article 19(1)(b) of the Constitution. Police cannot use disproportionate force against a peaceful crowd simply because they lacked permission. In fact, the excessive force itself can be challenged as a violation of Article 21 — the right to life and personal liberty — which includes the right to bodily integrity.

But didn't the protesters break the law by marching without permission?

That's a separate issue. Yes, organising a march without prior permission is technically a breach of the law — typically under Section 144 of the CrPC or local police regulations. But that doesn't give police a free pass to use batons and tear gas on unarmed people. Courts have held that the response must be proportionate. If the protest was peaceful, and there was no immediate threat, lathi charge and tear gas are legally unjustifiable. The remedy is a writ petition, which can be filed in the High Court (Article 226) or even directly in the Supreme Court (Article 32) in cases involving serious human rights violations.

What about the argument that the protest was "threatening national security"?

That's a weak argument in most cases. A peaceful student protest about education reform doesn't pose a national security threat — unless there's evidence of actual violence, incitement, or an intent to storm a prohibited area. The courts are not easily swayed by such sweeping claims. If the police want to justify force, they must show it was necessary to prevent imminent harm, not just a convenient excuse to disperse a crowd.

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. Take photos and videos of injuries, the scene, and any police actions. Get medical reports if you were injured. Collect witness statements. The more evidence you have, the stronger your case.

Do not try to negotiate with police on your own. Without legal representation, you risk being compromised or even coerced into a false statement. Let your advocate handle all communication with authorities.

This type of case involves nuanced constitutional arguments and procedural strategies — engaging an advocate who regularly handles public interest or human rights litigation can make a real difference. General practitioners may not be familiar with the specific grounds for challenging police use of force or the quickest routes to court.

Applicable Sections of Law

• Article 19(1)(b) of the Constitution — right to assemble peaceably and without arms.
• Article 21 of the Constitution — right to life and personal liberty, including bodily integrity.
• Article 226 of the Constitution — power of High Courts to issue writs for enforcement of fundamental rights.
• Article 32 of the Constitution — right to move the Supreme Court for enforcement of fundamental rights.
• Section 127 Bharatiya Nagarik Suraksha Sanhita (BNSS) — relates to unlawful assembly and dispersal powers of police.
• Local Police Act provisions governing permissions for processions and assemblies.

Punishment and Penalties

• Section 128 BNS (unlawful assembly) — imprisonment up to 6 months, fine, or both.
• Section 323 BNS (voluntarily causing hurt) — imprisonment up to 1 year, fine, or both.
• Section 325 BNS (voluntarily causing grievous hurt) — imprisonment up to 7 years, fine.
• All these are cognizable, bailable, and compoundable with permission of court.
• However, in practice, police officers rarely face criminal charges unless there is strong evidence and political will to prosecute. A writ petition often leads to an inquiry, which may recommend departmental action or criminal proceedings.

Jurisdiction — Where to File the Case

For a writ petition challenging police use of force, you file in the High Court having territorial jurisdiction over where the incident occurred. Since the protest took place in Indore, the Madhya Pradesh High Court (Indore Bench) has jurisdiction. For serious violations involving fundamental rights, you can also directly file before the Supreme Court under Article 32. The territorial jurisdiction is based on where the cause of action arose — that's where the incident happened. Jurisdiction matters because filing in the wrong court wastes time and money.

What if Police Refuse to File FIR?

This is common in cases where the complaint is against the police themselves. Here's what to do:

• Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint if the local station refuses.
• If the SP also refuses, file a private criminal complaint before the Magistrate under Section 175(3) BNSS.
• As a parallel remedy, file a writ petition before the High Court if police inaction amounts to a denial of justice.
• In cases of serious injury or custodial violence, approach the National Human Rights Commission (NHRC) or State Human Rights Commission.

Rights of the Accused

Even protesters who are accused of unlawful assembly have rights:

• Right to remain silent and against self-incrimination under Article 20(3).

  No case cited — this is constitutional text.

• Right to legal representation under Article 22(1).
• Right to be produced before a Magistrate within 24 hours of arrest (Article 22(2)).
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to bail (which is usually available for bailable offences like Section 128 BNS).

Bail Provisions

If you are arrested during the protest, depending on the charges:

• Section 128 BNS (unlawful assembly) is bailable — you can get bail from the police station itself.
• For more serious charges like rioting (Section 191 BNS), it may be non-bailable.
• Anticipatory bail under Section 482 BNSS can be sought if you anticipate arrest.
• Regular bail under Section 480 BNSS applies if you are already in custody.
• In most protest-related cases, courts grant bail easily, especially if there's no evidence of violence.

Quashing of FIR / Case

If an FIR is registered against the protesters, you can seek quashing from the High Court under Section 528 BNSS. Grounds include:

• No prima facie offence made out on the face of the FIR.
• The protest was peaceful and within constitutional limits.
• Continuation of proceedings would be an abuse of the process of court.
• Compromise if the offence is compoundable (which most BNS sections under 128 are).

If You Are the Victim

• Immediately get medical treatment and preserve all medical records.
• Take photographs and videos of injuries immediately after the incident.
• File a written complaint at the nearest police station — get an acknowledgement.
• If the complaint is refused, approach the SP or file a private complaint before a Magistrate.
• Consider filing a writ petition in the High Court if police inaction continues.

Documents You Must Keep Ready

• Identity proof (Aadhaar, PAN, or Voter ID) of all injured persons.
• Medical reports, discharge summaries, and injury certificates.
• Photographs and videos of injuries, the scene, and police actions.
• Written complaint copies and acknowledgement receipts.
• Witness statements (names, addresses, and contact numbers).
• Any advisories or orders issued by police before the protest.
• News reports or social media posts showing the incident.

What Evidence Is Required?

• Medical evidence — injury reports and doctor's certification of hurt/grievous hurt.
• Video footage — mobile phone videos, CCTV clips, or news footage showing police action.
• Photographs — of injuries, the scene, and the absence of violence from protesters.
• Witness testimony — at least 2-3 independent witnesses who can confirm the peaceful nature of the protest.
• Written communication — any police orders or advisories, plus the complaint filed.
• Primary evidence (original footage, original documents) is always stronger than copies.

How the Police Behave in Such Cases

In many protest-related incidents, police typically justify force by citing unlawful assembly, lack of permission, or threat to public order. They may refuse to register an FIR against their own officers. Initial responses often downplay the violence or blame protesters. You'll need persistence and legal pressure — through writ petitions or senior police officials — to force an inquiry. The good news is that courts are generally sceptical of police claims of "proportional force" when videos show otherwise.

Timeline of Legal Process

• Day 1-7: Filing a complaint, approaching SP if refused, collecting evidence.
• Week 2-4: Filing private complaint before Magistrate or writ petition before High Court.
• Month 2-4: Court orders notice to police; police files a counter-affidavit.
• Month 4-8: Court may order an inquiry by a senior officer or a magistrate.
• Month 8-12: Inquiry report submitted; court may direct disciplinary action or compensation.
• Year 2-3: If criminal charges are pursued, trial may take this long for minor offences.

How Long Will the Investigation Take?

If the court orders an inquiry, it usually takes 2-4 months for the investigating officer to submit a report. If criminal charges are filed, the police investigation could take 3-6 months. However, cases against police officers often face delays due to internal resistance and procedural hurdles.

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?

In police violence cases, out-of-court settlement is rare because the dispute is between citizens and the state. However, the court may suggest mediation for compensation or a written apology. There is no provision for Lok Adalat in such cases, as it's not a civil dispute. If the police department admits fault, a settlement for compensation may be reached — but that's not common. For criminal charges against police officers, the matter goes to trial.

Common Mistakes People Make

• Engaging a lawyer without domain-specific experience. These cases involve constitutional law, human rights arguments, and specific procedural strategies. A general practitioner may not know how to frame the petition or which court to approach for quick relief.
• Delaying the filing of complaint or petition. Evidence gets lost, witnesses forget details, and courts are less inclined to act on stale incidents.
• Posting about the incident on social media before consulting a lawyer. This can be used against you in court or to discredit your case.
• Destroying or losing evidence — failing to preserve medical records, videos, or photographs.
• Signing documents or statements given by police without reading them. You might inadvertently sign away your rights.

FAQs People Normally Have

Can I sue the police for compensation?

Yes, in a writ petition you can claim monetary compensation for violation of fundamental rights. Courts have awarded compensation for police brutality in several cases. The amount depends on the severity of injuries and the court's discretion.

Do I need a lawyer to file a writ petition?

Technically, you can file a petition yourself as a 'party-in-person'. But practically, it's very risky. The procedural technicalities are complex, and without a lawyer, you may miss critical grounds or deadlines. Strongly recommended to engage an advocate.

Is it worth filing a case if the protest was illegal?

Yes, because the legality of the protest and the justification for force are separate issues. Even if the protest lacked permission, police cannot use disproportionate violence. Courts will examine both sides independently.

What if I don't have video evidence?

Video evidence is very helpful but not essential. Medical reports, witness testimony, and photographs can all make your case. If there is no video, the court will rely on oral evidence and documentary records.

How long does the case take?

A writ petition can take 6-12 months for an interim order or a final direction for inquiry. Full trial for criminal charges can take 2-3 years. But the initial relief — like an inquiry or compensation — can come faster.

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 criminal advocate in Delhi — 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.