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: Yes, your statement alone can be considered during a departmental inquiry, even without audio or video proof. The DSP inquiry is an administrative process, not a criminal trial. Your oral testimony, along with the challan (which shows date, time, and location), can serve as evidence. Be honest, stick to facts, and calmly present what happened. Bringing a lawyer can help you navigate the process confidently.
Let's talk about what happened to a client in a similar spot. A young man from Jaipur, Rajasthan — let's call him Vikram Malhotra — got a challan for riding without a helmet. He wasn't disputing that. But here's the thing: he alleged that the ASI (Assistant Sub-Inspector) at the checkpoint let a few riders go free, saying, "Those are my relatives, so I'm letting them go." When Vikram objected, the ASI reportedly snapped back, "Go ahead, file a challan — we handle people like you all the time."
Vikram had no recording. No video. No audio. Only the printed challan slip showing the date — 15 March 2025 — and the location near Jaipur's Collectorate Circle. He filed a written complaint with the Superintendent of Police (SP) office. Within a week, the DSP Headquarters called him for an inquiry.
He felt stuck. No proof. No witness. Just his word against the ASI's. That's when he approached the Chamber of Advocate Sudhir Rao, Supreme Court of India. The office quickly assessed the situation: this wasn't a criminal trial needing "proof beyond reasonable doubt." This was a departmental disciplinary inquiry. Different rules. Advocate Sudhir Rao and his office advised Vikram on how to present his statement as credible testimony, supporting it with the challan's documentary evidence. The result? The DSP recorded his statement. And while the inquiry is still open, the procedural strength of a clear, consistent statement — backed by the challan's location and time — has already forced the department to treat the complaint seriously. No officer wants a pattern of misconduct on record. Vikram's step was the first one that counts.
Key Facts of the Case
- The client, Vikram Malhotra, received a challan for riding without a helmet near Jaipur's Collectorate Circle on 15 March 2025.
- The ASI allegedly let other riders go free, claiming they were relatives, and made threatening remarks when Vikram objected.
- No audio or video recording of the incident exists — the only documentary evidence is the challan slip showing date, time, and location.
- A written complaint was filed with the SP office, leading to a DSP Headquarters inquiry.
- The matter is a departmental inquiry — not a criminal case — so the standard of evidence is lower; a credible oral statement can be considered.
- Advocate Sudhir Rao's office guided Vikram on structuring his statement for maximum credibility and evidentiary weight during the inquiry.
- The DSP officially recorded Vikram's statement, and the complaint is now on the officer's service record for future reference.
The Direct Legal Answer
Can my statement alone be enough if there is no recording?
Yes, it can. Let's be clear: a departmental inquiry under the Police Act and relevant rules does not require the same level of proof as a criminal court. Your oral statement is considered "testimony." The challan itself is a government document that corroborates your presence at the location at that time. While a recording would have been stronger, the absence of one does not make your complaint invalid. The DSP will assess the credibility of your statement — your consistency, your demeanour, and whether your version is plausible given the circumstances.
What should I do tomorrow at the DSP inquiry?
Go prepared. Carry the challan and a copy of your complaint. Dress respectfully. Speak calmly and factually. Stick to what you saw and heard — avoid exaggerating. Do not argue with the ASI or the DSP. If you feel nervous, bring an advocate. The police cannot deny you the right to have a lawyer present during a departmental inquiry. And here's the thing: a lawyer can object if the proceedings turn hostile or procedurally unfair.
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.
Second, document everything. Write down your recollection of the incident in detail — exact words, actions, and timings — as soon as possible. Memories fade. A contemporaneous written note carries weight. Third, do not confront the ASI outside the inquiry. Any aggressive behaviour on your part can be turned against you. Stay calm. Stay polite. Let your statement speak.
This type of case — a departmental complaint against a police officer — involves procedural nuances that a general practitioner may not be fully familiar with. The difference between a criminal trial and a disciplinary inquiry matters. Mistakes in how you present evidence or frame allegations can weaken an otherwise valid complaint. Engaging an advocate who regularly handles police misconduct or departmental proceedings can make a real difference in how seriously the complaint is treated.
Applicable Sections of Law
This matter falls under administrative and disciplinary law, not criminal law. However, if the misconduct is serious enough, it may also involve offences under the Bharatiya Nyaya Sanhita (BNS), 2023. Key provisions include:
- Section 34 BNS (criminal misconduct by a public servant) — if the ASI's actions show a pattern of favouritism or extortion.
- Section 351 BNS (criminal intimidation) — if the ASI threatened Vikram with harm.
- Section 504 BNS (intentional insult with intent to provoke breach of peace) — applicable if the remarks were insulting and provocative.
- Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a departmental inquiry does not require a magistrate's cognizance — it is initiated by the police department itself on receipt of a complaint.
Punishment and Penalties
If the departmental inquiry finds the ASI guilty of misconduct, the penalties are administrative: written warning, suspension, reduction in rank, or dismissal from service. If criminal charges under BNS are also proved, the punishment for criminal intimidation (Section 351 BNS) can include imprisonment up to two years, fine, or both. For criminal misconduct (Section 34 BNS), imprisonment can extend up to seven years. These are cognizable and non-bailable offences if the misconduct involves corruption or extortion.
Jurisdiction — Where to File the Case
For a departmental complaint against a police officer, the complaint should be filed with the Superintendent of Police (SP) of the district where the incident occurred. In this case, that's Jaipur, Rajasthan. The DSP Headquarters then conducts the inquiry under the Police Act and departmental rules. If the matter escalates to a criminal case, the jurisdictional magistrate's court — in this case, the Judicial Magistrate First Class at Jaipur — would have authority. Territorial jurisdiction is determined by where the incident happened. Getting this right matters because a complaint filed in the wrong jurisdiction can be dismissed on that ground alone.
What if Police Refuse to File FIR?
If the police refuse to register an FIR for criminal misconduct, you have options:
- Under Section 173(4) BNSS: Approach the Superintendent of Police directly with a written complaint. The SP can direct the station to register an FIR.
- Under Section 175(3) BNSS: File a private complaint before a Judicial Magistrate, who can order an investigation under Section 156(3) BNSS.
- High Court writ: If both remedies fail, file a writ of mandamus under Article 226 of the Constitution before the Rajasthan High Court.
Rights of the Accused
If the ASI is charged criminally, he has these rights:
- Right to remain silent (Article 20(3)) — cannot be compelled to be a witness against himself.
- Right to legal representation (Article 22) — access to a lawyer from arrest onward.
- Right to be produced before Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to bail if the offence is bailable.
Bail Provisions
Criminal intimidation under Section 351 BNS is a bailable offence, so the accused can seek bail from the police or magistrate. However, if the allegation includes criminal misconduct under Section 34 BNS (covering corruption), it is non-bailable. In such a case, the accused would need to apply for regular bail under Section 483 BNSS before the magistrate or sessions court. Anticipatory bail under Section 482 BNSS is available if arrest is imminent. A bail strategy depends on whether the offence is bailable or non-bailable — and on the strength of evidence.
Quashing of FIR / Case
The ASI could seek quashing of a criminal FIR under Section 528 BNSS — the High Court's inherent power. Grounds include: the FIR does not disclose a prima facie offence, the complaint is frivolous or malicious, or the matter has been settled between the parties. For a departmental complaint, quashing is not available — departmental inquiries have their own challenge mechanisms under service law. Quashing is a viable strategy only if the criminal case is weak at the outset.
If You Are the Victim
- Attend the DSP inquiry promptly and give a clear, honest statement.
- Bring a lawyer — do not go alone if you feel intimidated.
- Keep the challan, complaint copy, and any other documents ready.
- Do not discuss the case with the ASI or his colleagues privately.
- If the inquiry goes against you, you have the right to appeal to the Deputy Inspector General (DIG) or file a writ petition.
Documents You Must Keep Ready
- Aadhaar card or other government ID
- Challan slip (original and photocopy)
- Written complaint submitted to SP office (with acknowledgment)
- Any correspondence from the DSP regarding the inquiry date
- A written, signed statement of your version of events
- Any photos or videos of the location (if available)
- Any witnesses' contact details (if any)
- Mobile phone call logs showing any communication with police
What Evidence Is Required?
- Oral testimony: Your statement under oath during the inquiry.
- Documentary evidence: The challan — a government record showing date, time, and place.
- Primary evidence: The original challan and any original communication.
- Secondary evidence: Copies, if originals are lost, but with proof of loss.
- Circumstantial evidence: The pattern of behaviour (e.g., the ASI letting others go free).
- Digital evidence: If you recorded anything later or saved posts about similar incidents.
- Character evidence: Past complaints against the same officer (if available from RTI).
How the Police Behave in Such Cases
In a departmental inquiry against a fellow officer, the police hierarchy can be defensive. The DSP may try to downplay the complaint or pressure you into withdrawing it. Expect questions designed to test your consistency. The ASI may deny everything or claim you misheard. However, a well-documented, calm, and professional complaint — especially with a lawyer present — makes it harder to dismiss. The department knows that ignoring credible complaints can lead to court intervention.
Timeline of Legal Process
- Day 1-7: Complaint filed with SP; DSP inquiry scheduled.
- Week 2-4: Inquiry hearing — your statement recorded.
- Month 2-4: Inquiry report submitted; findings of guilt or innocence.
- Month 4-6: Departmental action (if guilty) — warning, suspension, or dismissal.
- Month 6-12: If criminal FIR is filed, investigation begins under BNSS timeline of 60-90 days for chargesheet.
- Year 1-3: Trial in magistrate court if charged under BNS.
- Year 3+: Appeal to sessions court or High Court if either party challenges.
How Long Will the Investigation Take?
If a criminal FIR is registered, the police investigation must be completed within 60 days for offences punishable with up to 3 years imprisonment, and within 90 days for serious offences — under BNSS Time Frame. The chargesheet is then filed before the magistrate. If the investigation is delayed, you can move the magistrate for directions.
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?
In a departmental complaint, settlement is not typical — the police department investigates misconduct in the public interest. However, if the officer apologizes or faces administrative action, the complainant may choose to withdraw the complaint. In a criminal case, if the offence is compoundable (e.g., criminal intimidation if no threat of death or grievous hurt), the parties can reach a compromise before the magistrate. Lok Adalat is also an option for compoundable offences. But remember: settling does not erase the departmental record — that stays for future reference.
Common Mistakes People Make
- Not documenting the incident immediately: Memories fade, and delay weakens credibility.
- Confronting the officer directly: Any altercation can be used against you as provocation.
- Posting about the case on social media: This can be cited by the defence as harassment or prejudice.
- Engaging a lawyer without domain-specific experience: This type of matter — departmental complaints against police — requires familiarity with disciplinary rules, BNSS procedures, and evidentiary standards for administrative inquiries. A general practitioner may miss procedural opportunities that a specialist would catch, affecting both speed and outcome.
- Giving a vague or inconsistent statement: The DSP will test your version. Stick to facts you are sure of.
- Expecting immediate justice: Disciplinary and criminal processes take months to years. Patience matters.
FAQs People Normally Have
Can I record the DSP inquiry on my phone?
Not without prior permission. Recording inside a police station without consent can be treated as an offence. Instead, bring a lawyer to take notes.
What if the DSP says my statement is not enough?
Request that the statement still be recorded and kept in the file. A written record of your version — even if not immediately acted upon — can become relevant if the officer is accused again of similar conduct.
Do I need to file an FIR separately?
Not for the departmental complaint. But if you want criminal action for criminal intimidation, file an FIR at the local police station. The DSP inquiry and the criminal case can proceed separately.
Will the ASI know who complained?
Yes. In a departmental inquiry, the accused officer has the right to know the complainant. That's why bringing a lawyer and staying calm is crucial.
Can I withdraw my complaint later?
Yes, you can. But the department may still continue its own inquiry if it finds public interest involved. Withdrawing does not automatically end the matter.
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.