Minor Expelled from NGO for Another Person's Misconduct — Legal Remedies Available

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's family was devastated. His younger brother, a 15-year-old enrolled in a well-regarded youth skill development programme run by a registered NGO in Nagpur, had been abruptly expelled around 8 February 2025. The allegation? Serious misconduct during a group activity. The problem? Arjun's brother had nothing to do with it.

The actual incident was traced back to another participant — a boy whose father was a prominent financial donor to the NGO. This other boy had been caught in similar disciplinary violations twice before, yet each time the matter was quietly buried. When this third incident surfaced, the NGO's management chose to protect their donor's goodwill. Arjun's brother, who happened to be nearby during the incident, became the convenient scapegoat. No hearing was held. No explanation was sought from the boy. The expulsion letter arrived the same afternoon.

Arjun first approached the NGO's internal grievance officer and sent a written complaint, but received no response for over three weeks. A local lawyer he consulted briefly wasn't familiar with the procedural steps specific to challenging wrongful actions against minors by registered organisations. After a colleague's referral, the family approached Advocate Sudhir Rao. The matter was handled with a clear understanding of the applicable legal framework — principles of natural justice, the rights of minors under Indian law, and the procedural steps to approach the appropriate forum. Within a reasonable time, a formal legal notice and subsequent representation before the concerned authority produced a favourable response, including a review of the expulsion order.

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.

Send a Formal Legal Notice Immediately: Before filing any complaint or suit, a properly drafted legal notice to the NGO puts them on record. It documents your objection, preserves your legal position, and often prompts a response that a verbal complaint never would. And here's the thing — many NGOs back down the moment they realise someone competent is watching.

Gather All Evidence Promptly: Collect attendance records, written communications, WhatsApp messages, witness statements from other participants, and any documents showing the actual culprit's prior violations. Evidence deteriorates quickly, so act fast.

Know That Minors Have Enhanced Protections: Indian law affords additional procedural protections to children. Any disciplinary proceeding affecting a minor's welfare, education, or participation in a programme must comply with the principles of natural justice — which means notice, hearing, and a reasoned decision. An NGO that skips all three is on very weak legal ground. Frankly, weaker than most of them realise.

This category of matter involves nuanced procedural and evidentiary questions that a general practitioner may not be fully familiar with. Advocates who regularly handle cases involving minor rights, organisational accountability, and natural justice principles tend to identify the correct forum and strategy far more quickly.

Applicable Sections of Law

• Article 14 and Article 21, Constitution of India: Guarantee equality before law and protection of life and personal liberty, including a minor's right to fair treatment and dignity. Arbitrary expulsion without a hearing violates these guarantees.
• Section 75, Juvenile Justice (Care and Protection of Children) Act, 2015: Penalises cruelty or wilful neglect causing harm to a child. Framing a minor for an offence committed by another person can attract this provision.
• Section 318(4), Bharatiya Nyaya Sanhita (BNS): Covers cheating by personation. If false allegations are manufactured to shield another person, there is a potential cheating angle that the advocate can assess.
• Principles of Natural Justice (Audi Alteram Partem): Recognised consistently by the Supreme Court, including in Maneka Gandhi v. Union of India, 1978, requiring that no person be condemned without being heard — fully applicable to institutional disciplinary proceedings affecting a minor.

Punishment and Penalties

Now, before you act, understand what's actually at stake legally. Where a criminal angle is established — specifically under Section 75 of the Juvenile Justice Act, 2015 — the punishment can extend to imprisonment of up to three years, a fine of up to one lakh rupees, or both. Under Section 318(4) BNS, cheating by personation carries imprisonment that may extend to three years, with or without fine. These are cognizable and non-bailable offences where the JJ Act is involved, meaning police can arrest without a warrant. For BNS offences like Section 318(4), the offence is cognizable and non-bailable. Whether charges are compoundable depends on the specific provision and the court's discretion. Your advocate will assess which sections apply based on the exact facts.

Jurisdiction — Where to File the Case

Get this wrong and you've wasted months. For a constitutional or civil remedy challenging the wrongful expulsion, a writ petition under Article 226 may be filed before the High Court having territorial jurisdiction over the NGO's registered office — in this type of case, the Bombay High Court (Nagpur Bench) would be relevant. For criminal complaints under BNS or the JJ Act, the complaint is filed at the police station within whose territorial limits the NGO operates, or before the Judicial Magistrate of First Class having jurisdiction. Getting jurisdiction right from day one matters — a filing in the wrong court wastes time and may bar future remedies under limitation.

What if Police Refuse to File FIR?

• If the local police station refuses to register the FIR, the first step is to send a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, demanding registration.
• If the SP does not act within a reasonable time, file a private complaint directly before the Judicial Magistrate of First Class under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• As a last resort, approach the High Court under Article 226 of the Constitution seeking a writ of mandamus directing the police to register the FIR.
• Document every refusal in writing — verbal refusals should be followed up with a written communication to the station so there is a paper trail.

Rights of the Accused

• Right against self-incrimination: Article 20(3) of the Constitution guarantees that no person accused of an offence shall be compelled to be a witness against themselves. This applies even to a minor.
• Right to legal representation: Article 22 of the Constitution ensures the right to consult and be defended by a legal practitioner of one's choice.
• Right to be produced before a Magistrate within 24 hours: Any person arrested must be produced before the nearest Magistrate within 24 hours of arrest, excluding travel time.
• Right to know grounds of arrest and a copy of the FIR: The accused is entitled to be informed of the grounds of arrest and to receive a copy of the FIR under BNSS provisions.
• Special protections for minors: Under the Juvenile Justice Act, 2015, a child in conflict with the law has additional procedural safeguards including the right to appear before a Juvenile Justice Board, not a regular criminal court.

Bail Provisions

Where the minor is in any way treated as a person in conflict with the law, the Juvenile Justice Act, 2015 itself mandates release unless compelling reasons exist — bail is the rule, not the exception, for minors. Under general BNSS provisions, anticipatory bail may be sought under Section 482 BNSS from the Sessions Court or High Court if arrest is apprehended. Regular bail after arrest is governed by Section 480 BNSS for bailable offences and Section 483 BNSS for non-bailable ones. Typical bail conditions include surrendering the passport, regular appearance at the police station, and not tampering with witnesses. Since the minor is the victim here and not the accused, the bail provisions are most relevant as a protective measure against any counter-complaint the NGO might attempt.

Quashing of FIR / Case

If the NGO or the actual culprit's family files a false counter-complaint against the minor to complicate matters, quashing becomes an important tool. Make no mistake — this tactic is more common than people expect, especially where donor interests are involved. Under Section 528 BNSS, the High Court retains inherent powers to quash proceedings where no prima facie offence is disclosed, where the proceeding is an abuse of process of court, or where a compoundable offence has been genuinely compromised. The Supreme Court laid down detailed guidelines on when quashing is appropriate in State of Haryana v. Bhajan Lal, 1992. Given that the minor has a clear alibi and the true offender is known, a quashing petition would stand on solid ground if a false FIR is lodged.

If You Are the Victim

• Send a legal notice to the NGO within 30 days of the expulsion order, demanding reinstatement and a copy of the inquiry report (if any was conducted).
• File a written complaint with the Registrar of Societies or the relevant authority under which the NGO is registered, citing violation of natural justice and discriminatory treatment of a minor.
• If the NGO receives government funding, file a complaint with the funding ministry or department — donor-funded NGOs are particularly sensitive to governmental scrutiny.
• File a writ petition before the High Court under Article 226 seeking quashing of the expulsion order and reinstatement, with a prayer for compensation if the minor's welfare has been adversely affected.
• If the framing of the minor amounts to cruelty or harassment, file a complaint under Section 75 of the Juvenile Justice Act, 2015 at the local police station.

Documents You Must Keep Ready

• Minor's Aadhaar card and birth certificate (proof of age is especially important)
• Enrolment letter or joining documents from the NGO
• The expulsion or termination letter issued by the NGO
• All written correspondence with the NGO, including emails, WhatsApp messages, and letters
• Attendance records, participation certificates, or progress reports from the programme
• Written statements or affidavits from fellow participants who witnessed the incident
• Any prior notices or warnings received (or evidence of none being issued)
• Documents or evidence showing the actual culprit's previous violations and the donor's financial relationship with the NGO

What Evidence Is Required?

• Eyewitness accounts: Statements from other participants or staff who were present during the incident and can confirm the minor's non-involvement.
• CCTV footage: If the NGO premises have cameras, apply immediately for preservation of footage through a legal notice — it is typically overwritten within 15-30 days.
• The expulsion letter: This is primary documentary evidence of the wrongful action and must be preserved carefully.
• Prior disciplinary records of the actual culprit: Evidence of the culprit's earlier violations demonstrates the NGO's selective and discriminatory approach.
• Financial records showing donor relationship: Any public records, annual reports, or communications linking the culprit's father's donations to the NGO strengthen the motive angle.
• Social media or group communications: Screenshots from group chats or social media that show the sequence of events around the incident date.
• Expert testimony: In cases involving minor welfare, a child psychologist's assessment of the mental distress caused by the wrongful expulsion can be relevant at the compensation stage.

How the Police Behave in Such Cases

Don't be surprised by what you encounter at the police station. Officers often treat complaints against NGOs or organisations with donor influence as low priority. The officer at the counter may suggest "settling it internally" or express reluctance to register a case against an organisation. This is common. Where the complainant is a minor's guardian, officers sometimes question whether a cognizable offence has been made out. Don't accept this. A written complaint, delivered with acknowledgment, creates an official record. If the station refuses registration, escalation to the SP and then to the Magistrate is entirely within your rights under BNSS.

Timeline of Legal Process

• Day 1-7: Gather documents, consult advocate, send legal notice to NGO (allow 15-30 days for response)
• Week 2-4: If no satisfactory response, file police complaint or writ petition before High Court; file complaint with Registrar of Societies simultaneously
• Month 1-3: High Court may issue notice to NGO; NGO files counter-affidavit; interim order (status quo on expulsion) may be obtained
• Month 3-6: Evidence stage — submission of affidavits, CCTV footage, witness statements; police investigation (if FIR filed) proceeds in parallel
• Month 6-12: Final arguments before High Court or trial court; judgment on reinstatement and/or compensation
• Post-judgment: If NGO does not comply, contempt proceedings can be initiated; appeal to Division Bench or Supreme Court if required
• Overall disposal in writ matters typically ranges from 6 months to 2 years depending on the complexity and the court's docket.

How Long Will the Investigation Take?

Where an FIR is registered under Section 75 of the Juvenile Justice Act, 2015 or under BNS sections, the investigating officer is expected to file a chargesheet within 60 days for

Advocate Sudhir Rao, Supreme Court of India