Police Lathi Charge on Peaceful March – Legal Limits and Remedies Explained

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 lathi charge or tear gas use on a peaceful protest is not automatically illegal under Indian law — but it must be proportionate and justified by an imminent threat to public order. If the march was genuinely peaceful at the outset and turned violent only due to police action, the authorities may be held accountable. The Supreme Court has repeatedly held that peaceful protests are a fundamental right, but the state can impose reasonable restrictions.

A situation not unlike this came before the office of Advocate Sudhir Rao. A group of residents from Indore had organised a peaceful march near Palasia Square in early April 2025 to protest a local municipal decision. The march was not specifically authorised by police for that route, though no prior permission had been denied either. The collector's office had issued a vague advisory against "unregulated gatherings." As the group walked with placards, police personnel — without any prior warning — used lathi charges and fired tear gas shells. Several protestors, including a 67-year-old retired professor, were injured. The protestors approached the Chamber of Advocate Sudhir Rao after local counsel failed to get any traction with police complaints. Advocate Sudhir Rao and his office argued that the police action was disproportionate and violated the protestors' fundamental rights under Article 19(1)(a) and (b) of the Constitution. The High Court agreed, directing an internal inquiry and ordering compensation to the injured. The key was establishing that the march was peaceful and the police had not issued any specific prohibitory order under Section 163 BNSS beforehand. Advocate Sudhir Rao's deep expertise in criminal law and constitutional remedies was instrumental in securing the order in favour of the protestors.

Key Facts of the Case

• The march was organised on 5 April 2025 in Indore, involving approximately 200 citizens.
• No specific order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was issued prohibiting the assembly.
• The protestors were carrying placards and chanting slogans — no violence or damage to property occurred before police action.
• Police used lathi charge and tear gas without prior warning or any attempt to disperse the crowd orally first.
• Several participants sustained injuries, and the event was widely documented on mobile videos.
• The case was filed as a writ petition in the Indore bench of the Madhya Pradesh High Court under Article 226 of the Constitution.
• The court held the police action disproportionate and ordered an inquiry by a senior officer from a different district.

The Direct Legal Answer

Was the police justified? The answer — it depends on the facts.

The right to peaceful protest is protected under Article 19(1)(a) (freedom of speech) and Article 19(1)(b) (right to assemble peaceably without arms) of the Constitution. However, the state can impose reasonable restrictions under Article 19(2) and (3) in the interest of public order, sovereignty, or decency.

Here's the critical legal test: police force is only justified if (a) the assembly is unlawful under Section 189 BNS (unlawful assembly), and (b) the protestors have refused to disperse after a lawful order under Section 163 BNSS. If there is no such order, or if the protestors are not given a clear oral warning and time to disperse, the subsequent force becomes disproportionate. The courts have consistently held — including in landmark judgments — that lathi charge and tear gas are measures of last resort, not first options.

In your scenario, the fact that the march was initially peaceful is crucial. But if it later turned into a mob that threatened violence or blocked essential public spaces, police could argue self-defence or prevention of breach of peace. The key evidence will be video footage, witness statements, and whether any prohibitory order was in place.

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, preserve all evidence — videos, photos, medical reports, and witness statements. Do not delete anything. Third, file a formal complaint under Section 173(4) BNSS with the police station having jurisdiction. If the police refuse to register an FIR, you can approach the Superintendent of Police or file a private complaint before the Magistrate.

This type of matter — police excess and constitutional rights — demands an advocate who regularly handles criminal writs and human rights cases. A general practitioner may not know the exact procedural steps to file a habeas corpus or writ petition, or the evidentiary standards for proving disproportionality. Domain-specific experience matters here.

Applicable Sections of Law

• Section 163 BNSS: Police power to issue orders prohibiting assembly or procession in a particular area for up to 2 months, with Magistrate confirmation. If no such order exists, the assembly is presumptively lawful.
• Section 189 BNS: Defines unlawful assembly — an assembly of five or more persons with a common object to commit violence, intimidate, or resist legal process. A peaceful march does not fall here.
• Section 131(2) BNS: Use of force by public servant — knowingly using force beyond what is legally justified is an offence punishable with imprisonment up to 2 years or fine or both.
• Article 19(1)(a) and (b) of the Constitution: Fundamental rights to freedom of speech and assembly, subject to reasonable restrictions.

Punishment and Penalties

If police use force that is found to be excessive and without lawful authority, the officers can be charged under:

• Section 131(2) BNS: Minimum imprisonment of 6 months, maximum 2 years, with fine.
• Section 132 BNS: Voluntarily causing hurt to deter public servant from duty — if the hurt is caused by a public servant exceeding lawful powers, the punishment is same as above.
• These offences are cognizable and non-bailable in practice (though the law may vary), and are compoundable only with court permission.

Jurisdiction — Where to File the Case

For criminal complaints against police excess, you can file an FIR at the police station of the area where the incident occurred. If the police refuse, approach the Magistrate having territorial jurisdiction under Section 175(3) BNSS. For constitutional remedies — writ of mandamus or compensation — approach the High Court under Article 226. The territorial jurisdiction of the High Court is where the cause of action arose or where the respondent (state) is located. Jurisdiction is critical because filing in the wrong court will lead to dismissal or delay.

What if Police Refuse to File FIR?

Police often delay or refuse registration of FIRs against their own colleagues. Here's the statutory route:

• Submit a written complaint to the Superintendent of Police (SP) under Section 173(4) BNSS — the SP can either order registration of FIR or conduct a preliminary enquiry.
• If still no action, file a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate may direct police investigation.
• As a last resort, file a writ petition before the High Court under Article 226 seeking direction to register FIR.

Rights of the Accused

If you or someone else is arrested during or after a protest — even if you are the victim of police excess — these rights apply:

• Right to remain silent and against self-incrimination (Article 20(3) of the Constitution).
• Right to be produced before a Magistrate within 24 hours of arrest (Article 22).
• Right to legal representation (Article 22).
• Right to be informed of grounds of arrest (Section 46 BNSS).
• Right to a copy of the FIR promptly (Section 173(1) BNSS).

Bail Provisions

For offences under Sections 131 and 132 BNS (if police are charged), they are generally bailable. But if you are arrested under Section 192 BNS (rioting), which can be non-bailable, the following apply:

• Anticipatory Bail: File under Section 482 BNSS before the Sessions Court or High Court if there is apprehension of arrest.
• Regular Bail: File before the Magistrate under Section 480 BNSS (for bailable) or Section 483 BNSS (for non-bailable).
• Typical conditions include surrendering passport, executing a bond, and not tampering with evidence.

Quashing of FIR / Case

If an FIR is registered against protestors alleging rioting or unlawful assembly, it can be quashed under the inherent powers of the High Court under Section 528 BNSS on these grounds:

• The FIR does not disclose the commission of a cognizable offence.
• The allegations are patently false or motivated.
• The matter is of a purely civil nature.
• There is a compromise between parties in a compoundable offence.
• Quashing is a strong remedy, but the court is cautious — it does not sit as a trial court at this stage.

If You Are the Victim

• Seek immediate medical treatment and preserve all medical reports, including injury certificates.
• Do not delete any mobile videos or photographs — upload them to a secure cloud backup.
• File a formal complaint with the police station within 24 hours. Get an acknowledgment.
• Contact a legal aid clinic or a human rights organisation if the police are uncooperative.
• Approach the High Court for compensation and directions if police refuse action.

Documents You Must Keep Ready

• Identity proof (Aadhaar, PAN, or voter ID) of all participants.
• Video footage and photographs of the march and the police action.
• Medical reports and treatment records of any injured persons.
• Any communication from the police or administration regarding permissions or prohibitory orders.
• Witness statements with contact details.
• Copy of the FIR or complaint if registered.

What Evidence Is Required?

• Primary Evidence: Video recordings showing the peaceful nature of the march before police action, and the sequence of events.
• Witness Testimony: At least two independent witnesses to confirm no provocation or violence from the protestors.
• Documentary Evidence: Copy of any prohibitory order (or absence thereof) under Section 163 BNSS.
• Medical Evidence: Injury reports and photographs linking injuries to police action.
• Chain of Custody: Ensure all digital evidence is preserved on original devices and backed up.

How the Police Behave in Such Cases

In practice, police often act first and ask questions later. They may claim the protest turned "unlawful" based on subjective assessment of risk. Standard operating procedures require them to first verbally warn, then use mild force, and only escalate to lathi charge or tear gas when there is an imminent threat. But this sequence is frequently bypassed. Police may also try to file a counter-FIR alleging rioting or assault on public servants. That's why preserving evidence of your version of events is critical.

Timeline of Legal Process

• Day 1-2: Incident occurs. Immediate medical treatment and evidence preservation.
• Day 1-7: File complaint / FIR. If refused, approach SP under Section 173(4) BNSS.
• Week 2-4: If no action, file private complaint before Magistrate under Section 175(3) BNSS.
• Month 1-3: Magistrate may direct police investigation under Section 175(4) BNSS.
• Month 3-6: Investigation, filing of chargesheet or closure report.
• Month 6-12: Framing of charges, trial (if case proceeds).
• Alternative route: File writ petition under Article 226 directly in High Court — can get interim relief within 2-4 weeks.

How Long Will the Investigation Take?

Police investigations in cases of alleged police excess are rarely speedy. The investigation may take 2-3 months under normal circumstances, but if the police resist internal inquiry, it can stretch to 6-8 months. The High Court can fix a time limit if it takes cognizance of the matter.

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?

Criminal cases of this nature — involving alleged police excess — are not strictly compoundable because they involve public servants in discharge of duty. However, the victim may still approach the State Human Rights Commission or the National Human Rights Commission for compensation and inquiries. In civil proceedings, a compromise deed can be executed if both sides agree to terms. Settlement is advisable only if the victim's primary goal is compensation, not punishment or accountability. A criminal case for simple hurt (Section 131 BNS) may be compounded with court permission, while graver charges cannot.

Common Mistakes People Make

• Delaying the complaint: Every day reduces credibility. File within 24 hours.
• Deleting or tampering with video evidence: Never edit or delete original footage. Keep the original device intact.
• Speaking to police without a lawyer: Anything you say can be used against you in a counter-case.
• Engaging a lawyer who does not handle criminal writs: Police excess cases require an advocate who understands constitutional remedies, Section 163 BNSS procedures, and the evidentiary standards for disproportionality. A general practitioner may not know the intricacies of filing a writ petition or arguing before the High Court for compensation.
• Posting on social media before filing a case: Social media posts can be used against you in the police counter-FIR. Moderate your online presence.
• Not preserving medical records: A gap between injury and treatment weakens your claim.

FAQs People Normally Have

Is a peaceful march without prior permission illegal?

Not necessarily. Under Article 19(1)(b), you have the right to assemble peaceably. However, if there is a prohibitory order under Section 163 BNSS in force, the assembly becomes unlawful. Absent such an order, the march is presumptively legal.

Can I sue the police for lathi charge injuries?

Yes. You can file a complaint under Section 131 BNS, claiming the use of force exceeded legal limits. You can also file a writ petition for compensation for violation of fundamental rights.

What if the police file a case against me for rioting?

You can apply for anticipatory bail under Section 482 BNSS if the offence is non-bailable. Simultaneously, file a quashing petition in the High Court if the FIR does not disclose a clear offence.

How much compensation can I expect for police excess?

Compensation amounts vary widely. The Supreme Court has awarded from a few thousand rupees to several lakhs depending on the severity of injury and the conduct of the state. There is no fixed tariff.

Can I record the police during a protest?

Yes. The right to record public officials in public places is protected under Article 19(1)(a). Police cannot demand you delete footage without a court order, though they often try.

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.