Mutual Assault in a Hospital During Domestic Crisis — Legal Rights and Remedies Under BNS

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.

Around mid-February 2025, Rohit Saxena and his wife Pallavi were at a government hospital in Nagpur, where their newborn had been placed in an incubator and required constant monitoring. The stress was immense. Rohit's family income was close to ₹46,000 per month and the financial strain was visible. When relatives from Rohit's side arrived at the hospital to offer support and monetary help, Pallavi's family had not come despite being called. Pallavi grew agitated, made a scene with the hospital staff, and demanded the security guard be dismissed. Her mother began making derogatory remarks targeting Rohit's parents without any provocation. Rohit's father eventually retaliated verbally, which escalated the situation further. During the confrontation that followed, Pallavi scratched Rohit's face, pushed him near a staircase, and struck him in the back. She also physically pushed Rohit's elderly father. Rohit, losing control in that moment, slapped Pallavi, causing a bleeding lip. Her mother photographed the injury and circulated it widely.

Within thirty minutes, approximately twenty-five relatives had gathered outside the hospital and a public scene unfolded. The local police were informally informed, but no formal complaint was filed that day. Rohit's family reached out to Advocate Sudhir Rao after a family friend's earlier attempt to handle the matter informally had not produced any stability — threatening calls kept coming and the legal exposure remained unclear. Once the matter was examined from a specialised matrimonial and criminal law perspective, a structured approach covering documentation, anticipatory bail, and counter-complaint strategy was put in place. The outcome brought significantly more clarity and control to Rohit's position than the earlier uncoordinated approach had achieved.

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.

Do not respond to threats: If you're receiving threatening calls, don't engage. Document every call — date, time, content. That record will matter in court. And here's the thing, responding in anger, especially over audio or message, hands the other side exactly what they need to use against you.

Preserve all evidence immediately: Hospital CCTV footage, witnesses present at the scene, photographs, medical reports — all of this must be locked down before it's lost or overwritten. Make written requests to the hospital for records right away. Don't assume anyone will hold on to it for you.

Seek anticipatory bail proactively: Where there's a credible threat of arrest, an application under Section 482 BNSS before the Sessions Court can offer critical protection. Don't wait for an FIR to land before you move. By then, you've already lost ground.

This category of matter sits at the intersection of matrimonial law, criminal law, and evidence — a combination that involves procedural steps and strategic choices a general practitioner may not be fully familiar with. Engaging an advocate who regularly handles such matters tends to lead to faster and more sound outcomes. Frankly, that difference in outcome can be dramatic.

Applicable Sections of Law

• Section 115 BNS — Voluntarily causing hurt: applies to physical assault causing pain, injury, or disease, including slapping and scratching.
• Section 351 BNS — Criminal intimidation: applies to the threatening calls received and verbal threats made at the hospital.
• Section 74 BNS — Assault or use of criminal force on a woman: applies where a woman is the complainant in a physical assault scenario.
• Section 126 BNS — Wrongful restraint: potentially applicable if either party was physically prevented from leaving or moving during the confrontation.

Both parties have potential criminal exposure here. The nature of each individual act determines which section is attracted. And here's the thing, a cross-complaint strategy may well be the most effective approach — not just defensively, but to put some balance back into the picture.

Punishment and Penalties

• Section 115 BNS (Voluntarily causing hurt): Punishment up to one year imprisonment, or fine up to ₹10,000, or both. Cognizable and bailable. Compoundable with permission of court.
• Section 351 BNS (Criminal intimidation): Punishment up to two years imprisonment, or fine, or both. Non-cognizable and bailable for the basic offence. Compoundable.
• Section 74 BNS (Assault on woman): Punishment of imprisonment from one to five years and fine, depending on the nature of the act. Cognizable and non-bailable in aggravated forms.
• Section 126 BNS (Wrongful restraint): Simple imprisonment up to one month, or fine up to ₹5,000, or both. Compoundable.

Jurisdiction — Where to File the Case

For criminal complaints, the jurisdictional police station will be the one within whose territorial limits the hospital is located — in this case, the relevant police station in Nagpur. The complaint is filed there or, if police refuse, before the Judicial Magistrate of First Class (JMFC) with territorial jurisdiction over the area. For anticipatory bail, the application is filed before the Sessions Court of the district. Make no mistake — filing in the wrong court or the wrong police station causes unnecessary delay and sometimes outright dismissal of urgent reliefs. Getting jurisdiction right from day one is not optional.

What if Police Refuse to File FIR?

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, requesting direction to the concerned station to register the FIR.
• File a private complaint directly before the Judicial Magistrate of First Class under Section 175(3) BNSS — the Magistrate can take cognizance and direct the police to investigate.
• If both routes fail, approach the High Court under Article 226 of the Constitution for a writ of mandamus directing FIR registration — as affirmed in Lalita Kumari v. Government of Uttar Pradesh, 2014, where the Supreme Court held that registration of FIR is mandatory for cognizable offences.
• Keep copies of every written complaint submitted, with proof of delivery (postal acknowledgment or received copy).

Rights of the Accused

• Right against self-incrimination under Article 20(3) of the Constitution — no person accused of an offence can be compelled to be a witness against themselves. Do not make statements to police without your advocate present.
• Right to legal representation under Article 22(1) — every arrested person has the right to consult and be defended by a lawyer of their choice.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) read with Section 58 BNSS.
• Right to a copy of the FIR and to be informed of the specific grounds of arrest at the time of detention.
• Right to inform a family member or friend of the arrest under Section 49 BNSS — the police must facilitate this without delay.

Bail Provisions

Most offences arising from the facts described here are bailable — particularly Section 115 and Section 126 BNS. Bail is available as a matter of right at the police station itself for bailable offences. But here's where strategy matters. Even before an FIR is registered, given the explicit threats made ("hum kya hai dikhayenge"), an application for anticipatory bail under Section 482 BNSS before the Sessions Court is strongly advisable. If arrested, regular bail can be sought under Section 480 BNSS before the Magistrate or under Section 483 BNSS for High Court bail. Typical bail conditions include furnishing surety, surrendering travel documents, and not contacting the complainant. Proactive bail application puts the accused in a far stronger legal position.

Quashing of FIR / Case

If an FIR is registered, quashing is an option worth examining early. Don't wait for the trial to begin before you think about it. The High Court exercises inherent jurisdiction under Section 528 BNSS to quash criminal proceedings where no prima facie offence is made out, where the process is being abused to settle a personal score, or where the parties have compounded a compoundable offence. Given that most of the sections attracted here are compoundable, a settlement followed by a quashing petition is a well-recognised and effective route. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down specific categories where quashing is appropriate — one of which is exactly this: where criminal proceedings are initiated out of personal spite with no genuine public interest in prosecution. That precedent remains good law under the BNSS regime.

If You Are the Victim

• File a written complaint at the jurisdictional police station as soon as possible, clearly narrating each incident with date, time, and witnesses.
• Get a medical examination done immediately and preserve the medico-legal certificate (MLC) as primary evidence of injury.
• Collect names and contact details of all eyewitnesses present at the hospital during both incidents.
• Request the hospital administration in writing to preserve all CCTV footage covering the relevant corridors and dates — hospitals often overwrite footage within 7 to 14 days.
• Do not engage in retaliatory messaging, calls, or social media posts. Every communication you make can be scrutinised in legal proceedings.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the complainant / accused as applicable
• Marriage certificate (for establishing matrimonial relationship)
• Medico-legal certificate (MLC) from the hospital documenting injuries
• Photographs of injuries — timestamped and preserved in original quality
• Call records or screenshots of threatening messages received
• Written request submitted to hospital for CCTV footage preservation and any response received
• List of eyewitnesses with their names and contact numbers
• Any prior complaints made to police, even informally, with acknowledgment

What Evidence Is Required?

• CCTV footage from the hospital corridor and staircase area — this is likely the strongest piece of primary evidence as it records both parties' conduct.
• Medico-legal certificate (MLC) documenting the nature and extent of injuries to establish that hurt was caused within the meaning of Section 115 BNS.
• Eyewitness testimony from hospital staff, relatives present, and any bystanders who witnessed either altercation.
• Call detail records (CDR) and screenshots of threatening calls or messages — relevant to Section 351 BNS.
• Photographs circulated by the wife's mother — admissible as secondary evidence under the Bharatiya Sakshya Adhiniyam, 2023, provided authenticity is established.
• Hospital records placing both parties at the location on the relevant dates.

How the Police Behave in Such Cases

In matrimonial and domestic altercation cases, police often initially treat the matter as a "family dispute" and prefer not to register an FIR immediately. They may attempt informal mediation first. Where the wife is the complainant and shows visible injury with photographs, police are more likely to act swiftly given the sensitivity around offences against women. The husband's counter-complaint may receive less immediate traction. Now, before you call your advocate, understand this: the police attitude in the first 48 hours often shapes the entire trajectory of the case. Having legal representation present from the very beginning, even at the police station level, significantly affects how the matter is processed.

Timeline of Legal Process

• Day 1–3: File complaint at police station; request CCTV preservation; apply for anticipatory bail if threat of arrest is real.
• Week 1–2: Police may register FIR and begin preliminary inquiry; medical examination and witness statements recorded.
• Week 2–8: Investigation proceeds; chargesheet filed before Magistrate typically within 60 days for bailable offences.
• Month 2–3: Magistrate takes cognizance; summons issued to accused; bail hearing if not already resolved.
• Month 3–6: Framing of charges; option to explore compounding or quashing before full trial begins.
• Month 6 onwards: Trial commences — prosecution evidence, defence evidence, arguments.
• 1–3 years: Judgment at trial court level; appeal to Sessions Court or High Court if required.

How Long Will the Investigation Take?

For bailable offences like Section 115 BNS, police are required to file a chargesheet within 60 days of arrest under Section 193 BNSS, failing which default bail becomes available. Where no arrest is made, investigation timelines can extend to three to six months in practice. Given that witnesses are available and CCTV evidence exists, investigation in this specific type of case can move faster than average — but police workload and local dynamics invariably play a role. Engaging legal counsel early keeps pressure on the investigation and ensures you're not simply forgotten in the queue. Frankly, cases without active legal representation tend to drift.

Consult with Lawyer: The very basic and important step to start is

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.