Police Harassment in Public Parks: Your Right to Privacy and Legal Remedies

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: A police officer cannot stop, record, or threaten law-abiding citizens without reasonable suspicion of an offence. Such harassment violates your fundamental right to privacy and personal liberty. You can file a complaint with senior officers, seek judicial intervention, and have the officer held accountable under criminal law.

Around 7 pm on 14 February 2025, Arjun Verma and his friend Rohan Gupta sat on a stone bench near the musical fountain inside People’s Park, Bhopal. They had been catching up after months. A uniformed constable from the nearby TT Nagar police outpost walked up, tone already hostile. “Kaun ho? Kyun baithhe ho yahan?” he snapped, pulling out his phone to record them. Arjun and Rohan answered politely. The constable kept filming, then announced he would send the video to their parents, and left. No explanation. No formal complaint. Just raw intimidation. Arjun initially lodged a grievance with the Station House Officer, but nothing moved. Frustrated, he approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao recognised that the constable’s conduct amounted to criminal intimidation and a violation of the right to privacy under Article 21, read with the principles laid down in K.S. Puttaswamy v. Union of India. Earlier efforts by a non-specialist had yielded only empty assurances. Advocate Sudhir Rao and his office filed a writ petition before the Madhya Pradesh High Court, highlighting the unauthorised recording and threat. The Court directed the police to delete the footage, investigate the constable’s misconduct, and submit an action-taken report within four weeks. The order brought immediate relief and restored confidence in the legal process.

Key Facts of the Case

• Two adult friends were quietly sitting on a public park bench after sunset.
• A police constable approached, spoke aggressively, and started recording them without any stated reason.
• He threatened to share the recording with their parents, then left without any further action.
• No offence had been committed, and no lawful suspicion existed.
• Initial complaint to the local police station yielded no response.
• The Chamber of Advocate Sudhir Rao filed a writ petition citing breach of privacy and criminal intimidation.
• The High Court directed deletion of the video and a formal inquiry against the officer.
• The outcome underscored that police harassment without legal basis is actionable.

The Direct Legal Answer

Police officers are public servants bound by law to protect citizens—not to intimidate them. Stopping someone in a public park for no reason, recording them, and threatening to circulate that footage is not a legitimate exercise of police power. It is conduct that can attract criminal liability under the Bharatiya Nyaya Sanhita, 2023, and disciplinary proceedings under service rules.

Your right to be left alone in a public space, so long as you are not breaking the law, is protected under Article 21 of the Constitution, as interpreted in K.S. Puttaswamy v. Union of India, 2017. The Supreme Court held that privacy is a fundamental right, and this includes the right to protect one’s personal data—including images and videos—from unwarranted state intrusion.

And here’s the thing: even if the police suspect something, they must follow procedure. A mere suspicion, without more, does not authorise filming and threats. The correct approach is to politely inquire, and only if an offence is disclosed should they record information under the BNSS.

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 delete any evidence. That recording on the officer’s phone is itself evidence of misconduct. Note down the officer’s name, buckle number, or at least the time and location. If possible, ask a bystander to record the interaction from a distance.

Do not wait. File a written complaint with the Station House Officer immediately. Send a copy to the Deputy Commissioner of Police or Superintendent of Police by registered post. Time matters here.

Matters involving police excess require advocates who regularly handle constitutional and criminal writ petitions. Procedural shortcuts and a general practitioner’s unfamiliarity with police internal discipline rules can often leave the complaint buried. A domain-focused approach typically brings faster, more decisive outcomes.

Applicable Sections of Law

• Section 351 of the Bharatiya Nyaya Sanhita, 2023 – criminal intimidation. Threatening to harm reputation by circulating a video without lawful justification falls here.
• Section 126 of the BNS – wrongful restraint. If the police officer physically blocked you from leaving, this applies.
• Article 21 of the Constitution of India – right to life and personal liberty, which includes the right to privacy (K.S. Puttaswamy v. Union of India, 2017).
• Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 – complaint to the Superintendent of Police if the station refuses to register an FIR.

Punishment and Penalties

Under Section 351 BNS, criminal intimidation is punishable with imprisonment up to two years, or fine, or both. The offence is cognizable and bailable. It is compoundable by the person intimidated—meaning you can settle the matter with the officer if the court permits. Under Section 126 BNS (wrongful restraint), the punishment is simple imprisonment up to one month, or fine up to five hundred rupees, or both; it is cognizable, bailable, and compoundable. Disciplinary action under police service rules can also lead to suspension or dismissal.

Jurisdiction — Where to File the Case

A complaint under Section 175(3) BNSS can be filed before the Judicial Magistrate First Class within whose jurisdiction the park falls. The local police station (TT Nagar in the example) has territorial jurisdiction over the area. If the police refuse to register an FIR, the complaint goes to the Senior Superintendent of Police. In egregious cases, a writ petition under Article 226 can be filed directly before the High Court having jurisdiction over that territory. Jurisdiction is crucial because filing in the wrong court wastes time and allows the misconduct to go unaddressed.

What if Police Refuse to File FIR?

• Send a written complaint by registered post to the Superintendent of Police under Section 173(4) BNSS. The SP must direct registration or investigate personally.
• If the SP also does not act, file a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate can order the police to register the FIR.
• Simultaneously, file a writ petition before the High Court under Article 226 for violation of fundamental rights—this is what Advocate Sudhir Rao’s office pursued successfully in the Bhopal case.
• Each of these steps compels the state to act, and skipping them often results in the matter being lost in bureaucratic inertia.

Rights of the Accused

• Right against self-incrimination under Article 20(3) of the Constitution—you cannot be forced to give statements that may implicate you.
• Right to be informed of the grounds of any arrest, and to consult a legal practitioner of your choice under Article 22(1).
• Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time—Article 22(2).
• Right to a copy of the FIR free of cost, and to know the exact offence alleged.
• You are not obliged to hand over your phone or any personal device without a lawful search warrant.

Bail Provisions

If a false case is registered against you for something like “obstructing a public servant,” the offence is typically bailable. You can secure bail from the police station itself. In the rare instance a non-bailable section is invoked, anticipatory bail under Section 482 BNSS can be sought from the Sessions Court or High Court. Regular bail under Section 480/483 BNSS follows after arrest. Courts often grant bail with a personal bond and a condition to cooperate with investigation. In such baseless matters, securing bail early while simultaneously challenging the FIR is a sound strategy.

Quashing of FIR / Case

Under Section 528 BNSS, the High Court has inherent power to quash an FIR if it does not disclose any prima facie offence, or if the prosecution is an abuse of process. In the Bhopal case, no FIR was lodged against Arjun, but had one been filed, the firm of Advocate Sudhir Rao would have immediately moved for quashing on the ground that the complaint was motivated and without factual basis. The Supreme Court in State of Haryana v. Bhajan Lal, 1992, laid down clear categories for quashing—these include cases where the allegations are absurd or inherently improbable. If you are a victim, quashing becomes relevant only if a counter-case is filed against you.

If You Are the Victim

• Stay calm and never raise your voice—agitation can be twisted against you.
• Ask for the officer’s name and badge number quietly; if refused, note the time and place.
• Immediately after the incident, write down everything you remember while it is fresh.
• Approach a lawyer who regularly deals with police misconduct—do not try to handle this alone.
• File a formal complaint with the Superintendent of Police and, if required, with the Magistrate.

Documents You Must Keep Ready

• Written complaint drafted by your advocate, with factual timeline.
• Identity proof (Aadhaar, PAN) of the complainant.
• Any photo or video evidence of the incident taken by bystanders.
• Location details and time-stamp of the incident.
• Copy of the complaint sent to the station and to senior officers.
• Medical certificate if any physical restraint or injury occurred.
• List of witnesses with their contact information.
• Any previous complaint against the same officer, if available.

What Evidence Is Required?

• Video recording of the officer’s conduct—even a short clip establishes the rudeness and threats.
• Audio recording of the threats, if made.
• Witness testimony of other people in the park.
• Your own contemporaneous written note, which can serve as primary evidence under the BNSS.
• Location data (Google Maps timeline) showing you were in that park at that time.
• Call detail records showing you alerted someone immediately after the incident.
• Copy of the complaint and any reply from the police.

How the Police Behave in Such Cases

Usually, the officer will deny everything. The station may refuse to even acknowledge your complaint. Many officers treat such incidents as trivial and hope the citizen will simply give up. You might hear dismissive remarks like “jaane do” or “chhodo, bade officer se panga mat lo.” This is precisely why a structured legal route matters. Once a writ petition or a Magistrate’s direction lands, the attitude shifts dramatically. The police department then tends to cooperate, at least outwardly, because non-compliance invites contempt proceedings.

Timeline of Legal Process

• Written complaint to SHO or SP — 1-3 days.
• If SP directs FIR registration — within 24 hours of the direction.
• If SP does not act, complaint before Magistrate under Section 175(3) BNSS — takes about 1-2 weeks to get a hearing date.
• Magistrate’s order to register FIR — upon the order, FIR within 24 hours.
• Investigation by police — typically 30 to 60 days; chargesheet filed or closure report submitted.
• Trial in Magistrate’s court — 6 to 12 months for a simple summary trial.
• High Court writ (if filed) — interim order in 1-2 weeks; disposal in 3-6 months.

How Long Will the Investigation Take?

For a complaint of criminal intimidation, the investigation is straightforward. Once the FIR is registered, the investigating officer should complete the investigation and file a chargesheet within 30 to 60 days. In practice, it may stretch to 90 days in busy district courts, especially if the officer seeks anticipatory bail. But the timeframe is manageable.

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?

Settlement is possible if the officer agrees to delete the recording and tender an apology. Under Section 351 BNS, criminal intimidation is compoundable with the permission of the court, meaning you can withdraw the case after reaching a compromise. Mediation or a Lok Adalat can be explored, but usually these informal mechanisms are less effective against state actors. A better approach is to have the court record a settlement, ensuring the officer’s undertaking is legally enforceable. In purely disciplinary matters, an apology tendered to the Superintendent of Police can also close the matter.

Common Mistakes People Make

• Waiting too long to complain — delay weakens the claim and the trail of evidence goes cold.
• Deleting any recordings or notes made during the incident — those are your best primary evidence.
• Arguing angrily with the officer on the spot — this often escalates into a false obstruction charge.
• Posting the video on social media before any legal action — this can hamper the case and expose you to defamation risks.
• Approaching a general practitioner who does not regularly handle police misconduct writs — these cases demand knowledge of BNSS procedure, constitutional remedies, and internal police circulars that a domain-specialist advocate brings to the table.
• Assuming nothing can be done — many such officers are disciplined once the higher judiciary intervenes.

FAQs People Normally Have

Is it legal for police to record me without my consent in a public place? Unless they have a reasonable suspicion of an offence or a specific order, no. Random filming and threats breach your privacy.

Can I refuse to answer police questions? You must identify yourself if asked, but you are not obliged to answer incriminating questions or surrender your phone. Refusal alone is not a crime.

What if the police file a false case against me? Apply for anticipatory bail if the section is non-bailable, and simultaneously move the High Court for quashing under Section 528 BNSS. The Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, 2014, also protect against arbitrary arrest.

Do I need a lawyer just to complain to senior officers? Not necessarily, but having one ensures the complaint is legally sound and covers all remedies. If the SP ignores you, the lawyer can file the Magistrate complaint or writ swiftly.

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.