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: A minor who peacefully participated in a protest — without violence or vandalism — is unlikely to face arrest or long-term consequences for college or jobs. The Juvenile Justice (JJ) Act provides a "fresh start" that conceals criminal records. Peaceful presence alone rarely leads to charges, and even if an FIR is filed, legal remedies exist to quash it.
In early March 2025, a 16-year-old student from Indore named Arjun Mehta attended a peaceful public rally in the city. He was not involved in any violence or property damage — he chanted slogans, recorded video, and later sheltered at a local Gurudwara with others when police containment began.
Days later, Arjun heard rumors of police filing FIRs against attendees. He grew anxious. Could he be arrested? Would his college applications be blocked? Would job prospects vanish?
He first approached a local lawyer, who gave vague assurances but no real plan. That's when his family reached the Chamber of Advocate Sudhir Rao. The office reviewed the facts: no vandalism, no weapons, no injury. The core protection was his status as a minor under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Advocate Sudhir Rao and his office argued that Section 24 of the JJ Act mandates a "fresh start" — criminal records are sealed and destroyed once the juvenile turns 21. This expertise in juvenile defense law helped secure assurance that no adverse record would follow Arjun. The police did not pursue charges. His life moved forward, unburdened.
Key Facts of the Case
- Arjun Mehta was 16 years old at the time of the protest — a minor under Indian law.
- His participation was entirely peaceful: no violence, vandalism, or weapons.
- The protest involved allegations of planted vehicles and plain-clothes instigators — but Arjun had no connection to any illegal acts.
- Police filed a general FIR against unidentified persons under the Bharatiya Nyaya Sanhita (BNS) for unlawful assembly.
- No specific allegations or evidence linked Arjun to any offence beyond his presence.
- Section 24 of the Juvenile Justice Act, 2015 provides for destruction of juvenile records upon reaching 21 years of age.
- The Chamber of Advocate Sudhir Rao obtained a written assurance from police that no action would be taken against the minor.
The Direct Legal Answer
Let's address your concerns head-on.
Can a minor be arrested for peacefully attending a protest?
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, law enforcement must treat minors differently. Sections 10 to 16 of the Juvenile Justice Act require that any arrested minor be produced before the Juvenile Justice Board, not a regular court. For peaceful assembly without violence, arrest is extremely unlikely. The police focus on those who caused damage or incited violence. If you were merely present and chanting, you are not a target.
Can you be denied college or jobs for this?
No. Even if an FIR is filed against you, Section 24 of the JJ Act ensures that once you turn 21, the entire criminal record is destroyed. No employer, college, or government agency can access it. Background checks for low-level juvenile matters are prohibited. So your future remains unaffected.
What about the soldier you recorded at the Gurudwara?
Recording a uniformed officer in a public space is not illegal. You were not wrong. The officer's reaction does not create any offence. Stay calm.
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.
Don't panic. Preserve all evidence of your peaceful participation — your phone videos, location data, and any witness contacts. Do not speak to police without a lawyer present. And remember, this type of matter is delicate: general practitioners often miss the procedural protections available to minors. An advocate who regularly handles juvenile criminal defense will know how to invoke the JJ Act's safeguards, secure anticipatory bail if needed, and push for quashing of frivolous FIRs. That domain-specific experience can make the difference between a sealed record and years of unnecessary litigation.
Applicable Sections of Law
- Section 24, Juvenile Justice Act, 2015 — Mandates removal of juvenile records and a "fresh start" upon attaining 21 years.
- Section 10-16, Juvenile Justice Act, 2015 — Governs arrest, detention, and production of minors before Juvenile Justice Board.
- Section 189, 190, 191 BNS (Bharatiya Nyaya Sanhita, 2023) — Unlawful assembly, rioting, and related offences that could apply to protest participation (only if violence is proven).
- Section 482 BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) — High Court's inherent powers to quash FIR.
Punishment and Penalties
For a minor, the Juvenile Justice Act overrides standard BNS penalties. No custodial sentence for offences less than serious bodily harm. For purely peaceful protest (even if part of an unlawful assembly under Section 189 BNS), a minor may face only probation or counseling. Maximum punishment under Section 191 BNS (rioting) for adults is up to 2 years, but juveniles get reformative measures — never jail for this level. The offence under Section 189 BNS is cognizable but bailable. It is compoundable only with court permission.
Jurisdiction — Where to File the Case
If the police file an FIR, the matter falls under the jurisdiction of the police station where the protest occurred. For a minor, the Juvenile Justice Board at the district level takes cognizance. For quashing the FIR, you approach the High Court of the state (under Section 482 BNSS). Jurisdiction matters because bail procedures, trial timelines, and the availability of JJ Act protections differ between states. Always file at the correct forum — a mistake here can delay your relief.
What if Police Refuse to File FIR?
If you face an FIR, this section applies when police refuse to act on your complaint. But here, you are not the complainant. If police later file an FIR against you, your rights include:
- Approach the Superintendent of Police under Section 173(4) BNSS to challenge faulty or malicious FIR.
- File a private complaint before the Magistrate under Section 175(3) BNSS if the FIR is baseless.
- In extreme cases, move the High Court under Section 482 BNSS or writ jurisdiction to quash the FIR at inception.
Rights of the Accused
If you are named in an FIR as a minor, these rights protect you:
- Right to remain silent and against self-incrimination (Article 20(3) of the Constitution).
- Right to legal representation (Article 22) — the state must provide a lawyer if you cannot afford one.
- Right to be produced before the Juvenile Justice Board within 24 hours (Section 10 JJ Act).
- Right to a copy of the FIR and to know the grounds of arrest.
- For children, the Juvenile Justice Board can order a social investigation report to ensure the child's best interests.
Bail Provisions
The offence under Section 189 BNS (unlawful assembly) is bailable. For minors, bail is almost always granted — detention is a last resort under the JJ Act. Anticipatory bail under Section 482 BNSS (analogous to the old Section 438 CrPC) is available if you suspect arrest is imminent. Regular bail under Section 480 BNSS (for bailable offences) is essentially a formality. For juveniles, the court typically releases them on personal bond without sureties. The key is to file for anticipatory bail proactively and show your peaceful conduct through evidence.
Quashing of FIR / Case
If a frivolous FIR is filed, the High Court's inherent power under Section 528 BNSS (corresponding to the old Section 482) can quash it. Grounds include: no prima facie offence, abuse of process of law, or when the matter is settled by compromise. For a minor peacefully protesting, the absence of any criminal intent or overt act makes quashing a strong option. The court often accepts that mere presence at a public gathering, without violence, does not constitute an offence. This is a viable strategy to avoid even the stigma of an investigation.
If You Are the Victim
- Preserve all evidence: videos, photos, location timestamps, and witness contacts.
- Do not speak to police or anyone about the incident without a lawyer present.
- Do not delete any data on your phone — it may be exculpatory.
- File a complaint with the police if you were wrongfully detained or harmed.
- If police target you unfairly, approach a specialist juvenile lawyer immediately.
Documents You Must Keep Ready
- Identity and age proof: Aadhaar, birth certificate, school ID.
- Phone records: videos, call logs, GPS data from the protest location.
- Photographs of your peaceful presence at the protest.
- Any notice, summons, or FIR copy if served.
- Witnesses who can confirm your non-violent conduct.
- Lawyer's contact and consultation notes.
What Evidence Is Required?
- Primary evidence: your own video recordings and photographs showing no involvement in violence.
- Secondary evidence: witness statements from other peaceful attendees.
- Documentary evidence: location data (Google Timeline, mobile tower pings) to show you were at the protest area but not near violent acts.
- Police record: FIR copy or any memo to see what allegations exist.
- Forensic evidence: phone call logs to show you were not communicating with instigators.
How the Police Behave in Such Cases
Police in protest-related cases typically target known organizers and those caught on camera committing vandalism. They often round up a broad set of attendees initially. But once a minor's age is confirmed, they usually release them quickly after a warning. However, police may try to pressure youths into confessing — do not sign anything without your lawyer. The Juvenile Justice Board must be involved if any formal action is taken. Experienced police officers know the JJ Act's protections and rarely pursue minors for peaceful assembly.
Timeline of Legal Process
- FIR Filing: Within hours to days of the protest.
- Investigation: 60-90 days typically for chargesheet in simple unlawful assembly cases.
- Cognizance by Juvenile Board: If minor involved, within 14 days of chargesheet.
- Framing of Charges: Can take 1-2 months if the case proceeds.
- Trial: Juvenile matters are fast-tracked — usually completed in 6-12 months.
- Appeal: To Sessions Court or High Court within 30-90 days of judgment.
- Quashing Petition: Hearing in High Court can take 3-6 months if filed early.
How Long Will the Investigation Take?
For a minor's case, police investigation typically concludes within 60 days. If no specific offence is made out against the minor, the police may close the investigation (report nothing) within 2-3 months. If a chargesheet is filed, it must be within 90 days of arrest (if any). In practice, peaceful attendees are often dropped before the investigation ends.
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 if the charge is compoundable. Section 189 BNS (unlawful assembly) is not compoundable without court permission. For a minor, the Juvenile Justice Board may suggest mediation between the minor and the state. But typically, the best way to settle is to have the FIR quashed by the High Court on grounds of no prima facie case. If you were truly peaceful, settlement is rarely needed — simply defending your position leads to closure. Alternatively, if the police agree to a DN (decline to prosecute), the matter ends without court proceedings.
Common Mistakes People Make
- Panicking and confessing to police without a lawyer — never do this.
- Deleting phone data or videos — this destroys vital exculpatory evidence.
- Posting about the case on social media — it can be used against you.
- Speaking to the opposite side or media without counsel present.
- Engaging a lawyer who does not regularly handle juvenile criminal matters — domain-specific experience matters. A general practitioner may miss the procedural protections under the JJ Act, fail to file for anticipatory bail in time, or mishandle evidence admissibility. This can weaken your case or extend litigation unnecessarily.
- Ignoring the situation hoping it will blow over — proactive legal action is safer.
FAQs People Normally Have
Will a protest arrest show on a background check for college abroad?
If you were a minor, the JJ Act mandates that all juvenile records be destroyed when you turn 21. Most international background checks look at adult criminal records only. Even if the case appears, it can be explained as a juvenile matter with no conviction. Always consult a lawyer for country-specific requirements.
What if police file a case under rioting under Section 191 BNS?
Rioting requires actual violence by a group of 5 or more. If you were peaceful, the charge won't stick. Your lawyer can argue that mere presence or chanting does not constitute rioting. The High Court may quash the FIR on that ground alone.
Can I travel abroad while this case is pending?
If no charges have been framed, travel is generally unrestricted. But if a court has issued any condition, you may need permission. For a minor, the Juvenile Justice Board rarely restricts travel. Check with your lawyer before planning.
How do I prove I was peaceful?
Your own video recordings, location data, and witness statements are your strongest evidence. If police video shows only you chanting in a crowd away from violence, that proves your peaceful role. Don't delete anything.
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.