Physical Assault and Death Threats by a Relative — Legal 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.

Rohan Desai worked remotely for a leading financial consulting firm from his family home in a village on the outskirts of Nagpur. Life was quiet, structured, professional. He had even surrendered his rightful share in ancestral property some years earlier, simply to avoid friction with his late uncle's son, Deepak. But peace bought through sacrifice rarely holds. Around 18 March 2025, things turned dangerous.

Deepak, visibly drunk, confronted Rohan over a string of manufactured complaints — accusing the family of washing meat near his window, threatening to demolish the shared wall. Every accusation was baseless. The water tap in that area had been non-functional for well over a year. When Rohan attempted to record the verbal tirade on his phone for his own protection, Deepak charged at him with a bamboo pole. Rohan narrowly avoided a blow to the head, but his hand took the strike. Minutes later, Deepak returned with a curved farming sickle. Neighbors intervened and physically held him back.

Later that evening, neighbors confirmed to Rohan that Deepak had been drinking earlier that day with local troublemakers who reportedly have minor political connections at the village level, and had openly stated his intention to "create a scene." After the incident, Deepak issued a direct death threat: if Rohan approached the police with the video recording, Deepak would kill him the moment he was released. He reportedly added that he "had nothing to lose," given that his wife had passed away and he was estranged from his mother.

Rohan's parents begged him to stay quiet, fearing social fallout and retaliation from the political-adjacent group surrounding Deepak. Rohan, shaken but clear-headed, sought legal counsel. A general practitioner he first consulted was uncertain about how to handle the combination of documented video evidence, the death threat element, and the political pressure angle. Rohan then approached Advocate Sudhir Rao. The specialised approach — combining an application under Section 173(4) BNSS to the Superintendent of Police, simultaneous preparation of a private complaint before the Judicial Magistrate, and structured preservation of the video evidence — meant the matter was addressed with both speed and procedural precision. A favourable outcome followed.

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.

Preserve all evidence immediately. Back up your video recording to multiple locations — cloud storage, email to yourself, a trusted third party. Don't assume the file on your phone is safe. Screenshots of any threatening messages, names of witnesses who saw the attack, and photographs of injuries are equally important. And here's the thing, even a five-minute delay in backing up that video can cost you dearly if the phone is damaged, seized, or tampered with before you've secured a copy.

Don't confront or communicate directly. After an incident involving a death threat, any direct communication with the aggressor can be used against you or escalate things badly. Let your lawyer handle all formal communication. Full stop.

File proactively, don't wait. Many victims delay, hoping things will calm down. They rarely do. Under cases involving Section 351 BNS (criminal intimidation) and Section 115 BNS (voluntarily causing hurt), delay in filing can weaken the evidentiary chain and allow the aggressor to build a counter-narrative first.

This category of case — combining physical assault, use of a weapon, and a credible death threat — involves procedural and evidentiary strategies that a general practitioner may not be fully familiar with. Now, before you act, understand this: engaging an advocate who regularly handles criminal matters involving assault and intimidation typically leads to faster police response and stronger chargesheet preparation. That's not a small difference. It can determine whether the matter gets treated as a serious criminal case or quietly buried as a "family dispute."

Applicable Sections of Law

• Section 115 BNS — Voluntarily causing hurt: applicable where the bamboo pole blow connected with Rohan's hand.
• Section 118 BNS — Voluntarily causing hurt by dangerous weapons: the use of a curved farming sickle attracts this provision, which carries a significantly higher punishment.
• Section 351 BNS — Criminal intimidation: the death threat issued after the assault ("I will kill you the moment I am released") squarely falls here.
• Section 324 BNS — Assault or criminal force with intent to dishonour: charging at a person with a weapon intending to cause fear or harm attracts this section.
• Section 190 BNSS — Cognizance of offences by Magistrates, read with the FIR provisions under Section 173 BNSS, governs how the police must respond and when a Magistrate can take direct cognizance.

Punishment and Penalties

• Section 115 BNS (Voluntarily causing hurt): Imprisonment up to 1 year, or fine up to Rs. 10,000, or both.
• Section 118 BNS (Hurt by dangerous weapon): Imprisonment up to 3 years, or fine up to Rs. 20,000, or both — cognizable, non-bailable.
• Section 351 BNS (Criminal intimidation): Imprisonment up to 2 years, or fine, or both. Where the threat is of death or grievous hurt, imprisonment may extend to 7 years — cognizable, non-bailable.
• Section 324 BNS: Imprisonment up to 2 years, or fine, or both — cognizable.
• The combination of these offences makes the matter non-bailable and non-compoundable in respect of the death threat component.

Jurisdiction — Where to File the Case

Get the jurisdiction right. For criminal matters, the FIR must be filed at the police station with territorial jurisdiction over the location where the assault and threats occurred. Since the incidents took place at the family home in the village near Nagpur, the jurisdictional police station covering that village area is the correct forum. The case, once chargesheeted, will be tried before the Judicial Magistrate First Class (JMFC) having jurisdiction, or the Sessions Court if offences attracting sentences above 7 years are framed. Jurisdiction matters because filing at the wrong station can result in delays, transfer applications, and procedural objections that weaken the complainant's position — and opponents know exactly how to exploit that.

What if Police Refuse to File FIR?

Given that the aggressor reportedly has political connections at the village level, police reluctance is a realistic possibility. Frankly, it's more common than most people expect. Here's what to do if that happens:

• Send a written complaint to the Superintendent of Police under Section 173(4) BNSS — this is a statutory obligation on police to act.
• File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate and register an FIR.
• Cite Lalita Kumari v. Government of UP, 2014 (Supreme Court Constitution Bench) — the Court held that registration of FIR is mandatory upon receiving information about a cognizable offence; police cannot exercise discretion to not register.
• As a last resort, a writ petition under Article 226 of the Constitution before the High Court can compel the police to act and can seek protection for the complainant during the process.

Rights of the Accused

If Deepak (or anyone in a similar situation) is arrested, the law provides these rights — which every party should be aware of:

• Right against self-incrimination: Under Article 20(3) of the Constitution, no accused is compelled to be a witness against himself.
• Right to legal representation: Article 22 guarantees the right to consult and be represented by a lawyer of one's choice from the point of arrest.
• Production before Magistrate within 24 hours: Section 58 BNSS mandates this — detention beyond 24 hours without judicial authorisation is illegal.
• Right to know grounds of arrest: The arresting officer must communicate the grounds of arrest at the time of arrest itself.
• Right to a copy of the FIR: Available free of cost to the accused upon arrest.

Bail Provisions

Section 118 BNS (hurt by dangerous weapon) and Section 351 BNS with the aggravated death threat component are non-bailable offences. Regular bail is governed by Section 480 / 483 BNSS, and the Sessions Court will consider factors like flight risk, likelihood of tampering with witnesses, and the nature of the threat. Given the death threat against the complainant if he approached police, a court may well impose conditions restricting the accused from visiting the complainant's locality. Anticipatory bail under Section 482 BNSS is an option if the accused fears arrest and approaches the Sessions Court before arrest. And here's why this matters to the victim's side — the complainant's lawyer should oppose anticipatory bail vigorously, placing the video evidence and witness statements squarely on record before the court considers any relief.

Quashing of FIR / Case

Don't be surprised if the accused tries this route. The accused may attempt to get the FIR quashed before the High Court under Section 528 BNSS, which preserves the inherent powers of the High Court to prevent abuse of process or secure the ends of justice. Grounds typically argued include: absence of prima facie disclosure of an offence, civil dispute dressed up as a criminal complaint, and compromise between parties. But the law differs sharply from what the accused's counsel will argue — where video evidence of the assault exists, where a dangerous weapon was used, and where a death threat was issued, quashing is very unlikely to succeed. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the narrow categories in which FIR quashing is permissible, and a documented weapon assault doesn't fit any of them.

If You Are the Victim

• File an FIR immediately at the jurisdictional police station — don't wait for "things to settle." Every hour of delay gives the accused time to build a counter-narrative or intimidate witnesses.
• Apply in writing to the police for protection, especially given the death threat. Cite Arnesh Kumar v. State of Bihar, 2014 — courts have held that police have a duty to protect complainants who face credible threats.
• Preserve the video evidence in its original, unedited form. Have your lawyer verify its integrity for evidentiary purposes under the Bharatiya Sakshya Adhiniyam, 2023.
• Identify and record the names and contact details of all neighbors who witnessed the attack while their memory is fresh.
• Seek a protection order from the Magistrate if the threat is ongoing — interim protection can be requested even before the full trial commences.

Documents You Must Keep Ready

• Aadhaar card and PAN card (identity proof)
• Original video recording of the assault — preserved in unedited form on at least two devices and cloud storage
• Medical examination report from a registered doctor documenting the hand injury
• Photographs of injuries taken at the earliest opportunity
• Names and addresses of eyewitness neighbors
• Any prior written communications or complaints made regarding the accused's past behavior
• Property documents establishing your family's right to the shared premises (relevant for motive)
• Any screenshots or records of the death threat if it was communicated digitally

What Evidence Is Required?

• Primary evidence — video recording: The unedited video showing the attack with the bamboo pole is the strongest piece of evidence. Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records must be accompanied by a certificate confirming authenticity.
• Medical report: Documents the physical injury to the hand — essential for establishing the hurt under Section 115/118 BNS.
• Eyewitness testimony: Neighbor statements confirming the attack, the sickle, and the prior statements about "creating a scene" are crucial secondary evidence.
• Prior incident records: Any earlier complaints, letters, or documented disputes with the accused help establish a pattern and motive.
• Proof of the death threat: If the threat was made in the presence of witnesses, their affidavits are admissible. If made digitally, digital evidence with proper certification applies.
• Property documents: Establish the motive of jealousy and property-related tension — relevant for framing narrative before the court.

How the Police Behave in Such Cases

Make no mistake — in village-level assault cases involving relatives and local political connections, police sometimes attempt to treat the matter as a "family dispute" and push for compromise rather than registering an FIR. This is procedurally improper once a cognizable offence is disclosed. Where video evidence exists, officers have less room to dismiss the complaint. Expect initial reluctance, pressure for mediation, and possible attempts to record only a non-cognizable complaint (NC) rather than a full FIR. Knowing your rights under Section 173 BNSS and Lalita Kumari v. Government of UP, 2014 is essential before you walk into that police station.

Timeline of Legal Process

• Day 1-3: File FIR at jurisdictional police station. Request a copy of the FIR immediately. Apply in writing for personal protection.
• Week 1-2: Police record statements of witnesses, inspect the scene

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.