Physical Assault by College Friend Causing Permanent Injury — Legal Remedies and Steps to Take

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.

Rohan Verma was in his final semester at an engineering college in Indore. Around 18 March 2025, a heated argument with his close friend and batchmate, Karan Sinha, turned violent. Karan struck Rohan's hand during the altercation, fracturing Rohan's index finger so severely that it required surgical intervention and a permanent metal implant. The injury forced Rohan to miss a critical placement examination, throwing his career timeline and finances into serious disarray.

Both had been friends for years. So Rohan held back. Karan initially appeared remorseful, frequently asking if Rohan needed anything. But within weeks, the situation changed entirely. Karan began telling mutual acquaintances that he had been "supporting Rohan greatly," while simultaneously portraying Rohan as aggressive and unreasonable. Rohan felt cornered, unsure whether a delayed complaint would even be taken seriously.

A family member suggested Rohan consult Advocate Sudhir Rao, having heard that earlier attempts by another advocate to handle the matter informally through the college administration had gone nowhere. Advocate Sudhir Rao assessed the medical records, surgical reports, and the WhatsApp exchanges between Rohan and Karan, and filed both a formal anti-ragging complaint and a criminal complaint under applicable BNS provisions for grievous hurt. The disciplinary committee initiated proceedings against Karan, and the police registered an FIR. Rohan's concern about the delay was addressed with proper documentary justification, and the case proceeded on merits.

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: Preserve all medical records, surgical reports, hospital bills, prescriptions, and photographs of the injury. Save every WhatsApp message, call log, and any written communication with the person who assaulted you. These records form the backbone of your complaint. Don't assume anything is too small to keep.

Don't let the delay discourage you: A few weeks' delay doesn't automatically weaken your case. Courts and disciplinary committees regularly accept delayed complaints when the delay is explained by factors like the victim's reasonable expectation of an amicable resolution, ongoing treatment, or emotional shock. Document your reason for the delay clearly.

File on multiple tracks: In cases of physical assault by a college student, you can simultaneously approach the college's anti-ragging or disciplinary committee and the local police station. These are independent tracks and one doesn't block the other. And here's the thing — this type of matter involves procedural and evidentiary considerations that a general practitioner may not be fully familiar with. An advocate who regularly handles criminal assault and college disciplinary matters can significantly reduce the risk of procedural missteps that cost victims their case.

Applicable Sections of Law

This is a criminal matter primarily governed by the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The following sections are directly applicable:

• Section 118 BNS — Voluntarily causing grievous hurt: A fracture or permanent impairment caused by voluntary force constitutes grievous hurt. This section carries significant punishment and is the core charge in Rohan's situation.
• Section 115 BNS — Voluntarily causing hurt: Applicable if the injury argument involves lesser hurt; however, a surgical fracture with a permanent implant clearly crosses into grievous hurt territory under Section 118.
• Section 351 BNS — Criminal intimidation: Relevant where the accused subsequently attempts to manipulate the victim or spread false narratives intended to deter the victim from pursuing legal action.
• Section 173 BNSS — Filing of FIR and police investigation: Governs the procedure for lodging a First Information Report and mandates police investigation upon receipt of information about a cognizable offence.

Punishment and Penalties

• Section 118 BNS (Grievous Hurt): Imprisonment of either description for a term which may extend to seven years, along with a fine.
• Section 115 BNS (Hurt): Imprisonment up to one year, or fine up to ten thousand rupees, or both.
• Nature of offence under Section 118 BNS: Cognizable and non-bailable. Police can arrest without a warrant.
• Compoundable status: Grievous hurt under Section 118 is compoundable with the permission of the court, meaning parties can reach a settlement subject to judicial approval.
• Fine: Courts have discretion on quantum; compensation to victim can also be directed under Section 395 BNSS.

Jurisdiction — Where to File the Case

For the criminal complaint, the FIR must be filed at the police station within whose territorial jurisdiction the assault occurred. In Rohan's case, that's the police station covering the college campus in Indore. If the college is within a specific zone, the jurisdictional station handles initial investigation. The trial, once the chargesheet is filed, proceeds before the Judicial Magistrate First Class (JMFC) having jurisdiction over that area. Frankly, jurisdiction determines which court decides your case, and getting this right from the outset matters more than most victims realise. Filing at the wrong station causes delays and complications that a knowledgeable advocate can help you avoid.

What if Police Refuse to File FIR?

Refusal to register an FIR in a cognizable offence like grievous hurt is itself unlawful. The Supreme Court in Lalita Kumari v. Government of U.P., 2014 held that registration of FIR is mandatory upon receipt of information about a cognizable offence. If police still refuse, here's what you can do:

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, demanding registration of the FIR.
• File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS — the Magistrate can take cognizance and direct police to register the FIR.
• Approach the High Court through a writ petition under Article 226 of the Constitution seeking a direction to the police to register the FIR and conduct investigation.
• Document every refusal in writing, including the date, name of officer, and reasons given, so that this record can be presented before higher authorities.

Rights of the Accused

Even if you're the complainant, understanding the accused's rights helps you anticipate the defence strategy:

• Right against self-incrimination: Under Article 20(3) of the Constitution, the accused cannot be compelled to be a witness against himself. Statements must be voluntary.
• Right to legal representation: Article 22 guarantees the accused the right to consult and be defended by a legal practitioner of his choice.
• Production before Magistrate within 24 hours: Under Section 187 BNSS, an arrested person must be produced before a Magistrate within 24 hours of arrest, excluding travel time.
• Right to know grounds of arrest: The accused must be informed of the grounds of arrest at the time of arrest under Article 22(1).
• Right to copy of FIR: The accused is entitled to a copy of the FIR free of cost under Section 173 BNSS.

Bail Provisions

Section 118 BNS (grievous hurt) is non-bailable. The accused can't claim bail as a matter of right at the police station and must approach the court. Key provisions:

• Regular bail: Under Section 480 BNSS, the accused may apply for bail before the Magistrate. Under Section 483 BNSS, the Sessions Court has jurisdiction for bail in serious matters.
• Anticipatory bail: Under Section 482 BNSS, the accused may seek anticipatory bail from the Sessions Court or High Court before arrest.
• Typical bail conditions: Courts generally impose conditions like surrendering the passport, not contacting the complainant, regular appearance before police, and not leaving the jurisdiction without permission.
• Bail strategy note: As a complainant, you have a right to oppose bail and present the court with evidence of the severity of injury and the accused's conduct post-incident, including his manipulation of mutual friends.

Quashing of FIR / Case

Make no mistake — the accused may attempt to get the FIR quashed. Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings. Grounds typically argued for quashing include absence of prima facie offence, abuse of the process of court, or a genuine settlement between the parties in compoundable offences. In cases of grievous hurt under Section 118 BNS, quashing is generally not entertained unless the parties reach a genuine and documented compromise and the court is satisfied that no public interest is at stake, as affirmed in Gian Singh v. State of Punjab, 2012. Rohan's advocate needs to be prepared to oppose any quashing petition by demonstrating the seriousness of the permanent injury.

If You Are the Victim

• Get a medico-legal certificate (MLC) from a government hospital immediately, even if treatment has already begun elsewhere. This is a primary piece of evidence in assault cases.
• File the complaint in writing at the jurisdictional police station and keep a copy with an acknowledgment stamp from the station.
• Submit a formal written complaint to the college's anti-ragging committee and disciplinary committee with copies of medical documents attached.
• Preserve all digital evidence — do not delete messages, even if they seem trivial. Screenshots with timestamps are important.
• Avoid direct confrontation or negotiations with the accused without your advocate present, as any oral concession can be used against you.

Documents You Must Keep Ready

• Aadhaar card and college ID card as identity proof
• Medico-legal certificate (MLC) and hospital discharge summary
• Surgical records, implant details, and follow-up prescription records
• Photographs and videos of the injury taken at different stages
• WhatsApp and other message exchanges with the accused before, during, and after the incident
• College examination records showing the missed exam and its consequences
• Witness statements from persons who saw the incident or its immediate aftermath
• Written complaint copies submitted to the college committee, with acknowledgment

What Evidence Is Required?

• Medico-legal certificate (MLC): Primary evidence of injury; must specifically describe the nature and severity of the fracture and the permanent implant.
• Medical expert testimony: The treating surgeon's statement confirming the nature of injury and its permanent character is vital secondary corroborating evidence.
• Digital messages and call records: Screenshots and call logs establishing the relationship, the argument, and the accused's post-incident conduct are secondary but highly persuasive evidence.
• Eyewitness accounts: Statements from students or bystanders who witnessed the assault or its immediate consequences.
• CCTV footage: If the college or surrounding area has cameras covering the location of the incident, this footage must be secured urgently before it is overwritten.
• College records: Academic records establishing the missed examination and consequences form part of the evidence for compensation claims.

How the Police Behave in Such Cases

In college assault cases, police sometimes initially treat the matter as a minor dispute between friends and discourage formal complaints, particularly where both parties are students. They may suggest an informal settlement or drag their feet on registration. Now, before you act on any such advice from the station, understand this: once you present the MLC clearly showing a fracture requiring surgery and a permanent implant, the offence clearly falls under Section 118 BNS and the police are legally obligated to register the FIR. Persistence, documentation, and the involvement of an experienced advocate typically resolve any initial reluctance from police officers at the station level.

Timeline of Legal Process

• Step 1 — FIR Registration: Ideally within days of engaging an advocate; police have 24 hours to register after complaint receipt in cognizable matters (1-3 days)
• Step 2 — Police Investigation: Recording statements, collecting MLC, CCTV, and witness accounts (2-8 weeks)
• Step 3 — Chargesheet Filing: Under Section 193 BNSS, police must file chargesheet within 60-90 days if the accused is in custody (2-3 months)
• Step 4 — Cognizance by Magistrate: Court takes cognizance and issues process/summons to accused (1-4 weeks after chargesheet)
• Step 5 — Framing of Charges: Formal charges read out to accused; accused pleads (1-3 months)
• Step 6 — Trial — Evidence Stage: Examination of prosecution witnesses, cross-examination

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.