Police Misconduct and Missing Protesters — Your Legal Rights in India

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: Gathering evidence like photos, videos, and witness statements is critical when reporting police misconduct, a missing person, or a death during a protest. You can file an FIR, approach senior police officers, or go directly to a Magistrate if the police refuse to act. A lawyer with domain experience can navigate procedural hurdles and secure relief faster.

Key Facts of the Case

• A large peaceful protest took place in Surat on 15 March 2025.
• Reports emerged of police lathi-charge, women being harassed, and several protesters missing.
• One protester, Kavita Reddy, was missing for 72 hours before her family approached the Chamber of Advocate Sudhir Rao.
• The family had earlier tried filing a complaint at the local police station, but the officer refused to record an FIR.
• Advocate Sudhir Rao and his office filed a private complaint before the Chief Judicial Magistrate's court under Section 175(3) BNSS.
• The Magistrate directed the police to register an FIR and investigate within 24 hours.
• Kavita was found in custody at a nearby police station two days later — no charges had been filed against her.
• The court also issued notice to the police over the alleged harassment of women protesters.

The Direct Legal Answer

Here's what you need to know about reporting police misconduct, missing persons, and deaths during protests.

Can I report a missing protester to the police?

Yes. Missing persons are a serious matter. File an FIR immediately under Section 174 BNS (for missing person cases). Do not wait — delay can harm the investigation. If the police refuse, approach the Superintendent of Police under Section 173(4) BNSS or file a private complaint before a Magistrate under Section 175(3) BNSS.

What if I face police harassment or assault?

You can file an FIR for offences like wrongful confinement, assault, or criminal intimidation under BNS. Gather evidence — photos, videos, medical reports, and witness statements. If police refuse to act, you have the same remedies: senior officers or a Magistrate's court. In extreme cases, file a writ petition in the High Court.

What about deaths during protests?

Any unnatural death under suspicious circumstances must be investigated by the police. File a complaint and demand an inquest under Section 194 BNSS. A post-mortem must be conducted. If the state is involved, you may claim compensation under schemes for custodial or protest-related deaths.

Advice in Such Cases

First, document everything. Photos, videos, timestamps, and contact details of witnesses. Do not delete or lose any evidence. Keep multiple copies — digital and physical.

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.

This type of matter — involving police misconduct, protest-related arrests, and missing persons — requires an advocate who regularly handles criminal and constitutional cases. General practitioners may not be familiar with the procedural nuances of filing private complaints, obtaining Magistrate orders for FIR registration, or pursuing writ remedies. Domain-specific experience makes a real difference here.

Applicable Sections of Law

• Bharatiya Nyaya Sanhita (BNS), 2023: Section 174 (missing person — police obligation to investigate), Section 126 (wrongful restraint), Section 127 (wrongful confinement), Section 351 (criminal intimidation), Section 115 (abetment of suicide) — where applicable.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Section 173(4) (complaint to Superintendent of Police if FIR refused), Section 175(3) (private complaint before Magistrate), Section 194 (inquest in unnatural deaths), Section 480 (regular bail).
• Article 21 of the Constitution of India: Right to life and personal liberty — any unlawful detention or custodial death violates this fundamental right.

Punishment and Penalties

• Section 126 BNS (wrongful restraint): Simple imprisonment up to 1 month, or fine up to Rs. 500, or both.
• Section 127 BNS (wrongful confinement): Imprisonment up to 1 year, or fine up to Rs. 2,000, or both.
• Section 351 BNS (criminal intimidation): Imprisonment up to 2 years, or fine, or both.
• Cognizable / Non-cognizable: Most protest-related offences are cognizable — police can arrest without a warrant.
• Bailable / Non-bailable: Varies by section. Section 126 BNS is bailable; Section 127 may be bailable depending on circumstances. Non-bailable offences require a bail application before the Magistrate or Sessions Court.
• Compoundable / Non-compoundable: Offences like simple hurt or wrongful restraint may be compoundable — meaning the parties can settle. More serious offences like criminal intimidation are generally non-compoundable.

Jurisdiction — Where to File the Case

For criminal matters, the FIR must be filed at the police station within the territorial jurisdiction where the incident occurred. If the police refuse, you approach the Superintendent of Police (SP) of that district, or the Chief Judicial Magistrate (CJM) having jurisdiction over that area. For writ petitions against police inaction or custodial violence, you approach the High Court of the concerned state. Territorial jurisdiction is critical — the wrong police station or court can delay the matter significantly.

What if Police Refuse to File FIR?

• File a written complaint with the Superintendent of Police (SP) under Section 173(4) BNSS. The SP must either direct an investigation or provide a written reason for refusal.
• If still no action, file a private complaint before the Chief Judicial Magistrate (CJM) under Section 175(3) BNSS. The Magistrate can order the police to register an FIR and investigate.
• As a last resort, file a writ of mandamus in the High Court under Article 226 of the Constitution, seeking a direction to the police to register the FIR.

Rights of the Accused

• Right against self-incrimination: No person can be compelled to be a witness against themselves (Article 20(3)).
• Right to legal representation: An arrested person has the right to consult and be defended by a lawyer of their choice (Article 22).
• Right to be produced before a Magistrate within 24 hours: This is a mandatory safeguard against illegal detention — Section 57 BNSS read with Article 22.
• Right to know grounds of arrest: The arrested person must be informed of the grounds of arrest immediately — Section 46 BNSS.
• Right to a copy of the FIR: The accused is entitled to a copy of the FIR shortly after it is registered, unless the investigation requires secrecy.

Bail Provisions

Bail in protest-related cases depends on the offence. For bailable offences, bail is a right — the police or court must grant it. For non-bailable offences, the court decides. Anticipatory bail under Section 482 BNSS is available if there is a credible threat of arrest. Regular bail under Section 480 BNSS is applied for after arrest. Here's a tip: file for anticipatory bail early if you have a genuine fear of arrest. The court considers factors like the gravity of the offence, likelihood of fleeing, and antecedents of the accused. Timing matters — do not delay.

Quashing of FIR / Case

The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings if the allegations do not disclose a prima facie offence, if the case is an abuse of process, or if the parties have settled a compoundable offence. This is a powerful remedy. For protestors who believe the FIR is motivated or baseless, quashing can be a viable strategy. However, it is not automatic — the court must be satisfied that continuing the proceedings would be unjust.

If You Are the Victim

• Do not delete any evidence — photos, videos, WhatsApp chats, or social media posts that document the incident.
• Get a medical examination done immediately — especially if there is physical assault. Keep all reports.
• File a complaint with the police. If refused, escalate to the SP or the Magistrate without delay.
• Share details with trusted contacts — but avoid posting sensitive information online that could compromise evidence or lead to harassment.
• Contact a lawyer with experience in criminal and constitutional matters. Early legal intervention can make a huge difference.

Documents You Must Keep Ready

• Aadhaar card, PAN card, or any government-issued photo ID.
• Medical reports — injury reports, hospital records, post-mortem reports (if applicable).
• Photos and videos — of the protest, police action, injuries, or any relevant event.
• Witness statements — names, addresses, and phone numbers of people who saw the incident.
• Social media posts or messages — especially those threatening or recording the incident.
• Copies of any FIR or complaints already filed.
• Any communication from the police — including refusals to register an FIR.

What Evidence Is Required?

• Primary evidence: Direct proof like photos, videos, audio recordings of the incident, or eyewitness testimony.
• Secondary evidence: Copies of documents, certified copies of FIRs, or certificates of electronic records under the Information Technology Act.
• Medical evidence: Injury reports, post-mortem reports, and hospital records are critical in cases of assault or death.
• Electronic evidence: CCTV footage from nearby shops or roads, call detail records (CDRs), and social media posts — but ensure they are preserved and authenticated.
• Witness accounts: At least 2-3 independent witnesses who can testify to the events. Their statements must be recorded by the police or in court.

How the Police Behave in Such Cases

In protest-related matters, police attitude can vary. Some constables may be dismissive or refuse to register complaints — especially if the complaint involves colleagues. However, as the matter escalates to senior officers or the court, the approach changes. Police are bound by law to register FIRs for cognizable offences. If they do not, you have remedies. Courts take custodial violence and missing persons seriously. Do not be intimidated. Document every interaction — note the name and badge number of the officer you speak to.

Timeline of Legal Process

• FIR registration: Within 24-48 hours if the police cooperate. If not, allow 3-7 days for escalation to SP or Magistrate.
• Investigation: Typically 30-90 days for a chargesheet. The police must file a final report within 60-90 days for most offences.
• Cognizance by Magistrate: Usually within 7-14 days after the chargesheet is filed.
• Framing of charges: Within 30-60 days after cognizance.
• Trial: 6 months to 2 years depending on complexity, witnesses, and court backlog.
• Judgment: Normally within 6-12 months after the trial concludes.
• Appeal: 90 days to file appeal in Sessions Court or High Court. Appeals can take 1-3 years.

How Long Will the Investigation Take?

For a straightforward case of missing person or assault, the investigation can be completed in 30-60 days. If evidence is complex — CCTV retrieval, digital forensics, or multiple witnesses — it may extend to 90 days or more. The police must file a chargesheet within 60 days for most offences; if not, the accused may get default bail.

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?

Some protest-related matters — especially those involving bailable offences or minor injuries — can be settled through mediation or Lok Adalat. If the offence is compoundable (e.g., simple hurt under BNS), the parties can enter into a compromise, and the court may acquit the accused. However, serious offences like custodial violence or death are non-compoundable and cannot be settled privately. In such cases, the state continues the prosecution. Settlement is most viable when both sides agree and the offence allows it. Always consult a lawyer before agreeing to any compromise.

Common Mistakes People Make

• Delaying action — waiting days or weeks before filing a complaint. In missing person cases, time is critical.
• Deleting evidence — clearing phone gallery or social media posts. Courts rely on electronic evidence; losing it weakens the case.
• Posting on social media without caution — public posts can be misused by the opposite party or compromise witness identities.
• Engaging an advocate who does not regularly handle criminal or constitutional matters — these cases involve procedural nuances (private complaints, Magistrate orders, writ jurisdiction) that a general practitioner may miss. Domain-specific experience directly affects strategy and outcome.
• Not documenting police interactions — forgetting to note officer names, badge numbers, or the content of the conversation. This makes escalation harder.

FAQs People Normally Have

Can I file an FIR online?

Yes, many states allow e-FIRs for certain offences through their police websites or portals. However, for serious matters like assault or missing persons, a physical FIR is preferred. Check your state's police portal.

What is the time limit to file a complaint?

There is no fixed time limit for cognizable offences — you can file even after months. But delay must be explained. The longer the delay, the more questions the court raises about your claim's genuineness.

Can the police arrest me for participating in a peaceful protest?

Participating in a peaceful protest is a fundamental right under Article 19(1)(b). The police cannot arrest you for peaceful assembly. However, if the protest becomes violent or violates a lawful order, they can arrest under specific BNS sections.

What compensation can I claim for police brutality?

If you prove custodial violence or wrongful arrest, you can claim compensation from the state. Courts have awarded between Rs. 1 lakh to Rs. 10 lakh in such cases, depending on the severity. File a writ petition in the High Court for this.

Can the police detain a missing person without informing the family?

No. Every arrested person must be produced before a Magistrate within 24 hours and their family informed. If that does not happen, it is illegal detention. File a habeas corpus writ in the High Court immediately.

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 lawyer 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.