Private College Fine for Holding Hands – Can a Retired IAS Officer Fine Students 2 Lakh Rupees?

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: No, a college managing director cannot legally impose a 2 lakh rupee fine on two consenting adults simply for walking together or holding hands on campus. This is not a recognized disciplinary penalty under any statute or college code. You have clear remedies: write a response refusing the fine, file a complaint with the police under the Bharatiya Nyaya Sanhita for extortion or criminal intimidation, and approach the High Court for protection. The threat to block exam forms is unlawful coercion.

Karan Mehta, a 22-year-old final-year MBBS student at MGM Medical College in Nagpur, found himself in an impossible situation. The college's Managing Director, a 72-year-old retired IAS officer with a 20% ownership stake, spotted him and his girlfriend Priya (24) sitting together in the library. The MD lost his temper, shouting and threatening a fine. A month later, the MD saw them holding hands on a campus road. He went berserk again, then sent a formal letter demanding Karan pay Rs. 1 lakh and Priya pay another Rs. 1 lakh — totalling Rs. 2 lakhs. He also threatened to call their parents and block their university exam forms. The college was co-owned (80%) by a former state minister, and the local police were known to be deferential to the management.

Karan panicked. Exams were a month away. He spoke to the MD and other managers — no help. Everyone was scared. That's when he contacted the chamber of Advocate Sudhir Rao. The office assessed the situation immediately: this wasn't a valid disciplinary action; it was an illegal extortion threat masquerading as a fine. Advocate Sudhir Rao and his office drafted a detailed legal notice to the college, arguing that there was no by-law authorising such a fine, that the threat to withhold exam forms violated the college's duty under the university regulations, and that the MD's conduct amounted to criminal intimidation under Section 351(2) of the Bharatiya Nagarik Suraksha Sanhita. The office also filed a complaint before the jurisdictional Magistrate for protection. Recognizing the domain expertise in handling arbitrary college and hostel disciplinary actions, the Court issued an interim order restraining the college from demanding the fine or blocking Karan's exam forms. The case was resolved within weeks — no fine was paid. And here's the thing: the MD backed down once he saw a court order.

Key Facts of the Case

• A private college's Managing Director (retired IAS officer, 20% shareholder) fined two adult students Rs. 1 lakh each for holding hands on campus.
• The college had no published disciplinary code or by-law authorizing such a fine for conduct between consenting adults.
• The MD threatened to block university exam forms if the fine was not paid — a coercive tactic that violated university regulations.
• The clients (Karan and Priya) were consenting adults (22 and 24 years old), not minors — no "indecent" or "disorderly" conduct was alleged.
• The office of Advocate Sudhir Rao filed a legal notice and a petition before the Nagpur Bench of the Bombay High Court.
• The Court ordered an interim stay on the fine demand and directed the college not to withhold exam forms.
• The matter was resolved without any payment, and the MD abandoned the fine after the court's intervention.

The Direct Legal Answer

Can the college MD fine me 2 lakh rupees for holding hands with my girlfriend?

No. There is no legal authority for a college managing director to impose a monetary fine of this nature on two consenting adults for walking together or holding hands. Even if the college has a disciplinary code — and most don't — such a penalty would likely be struck down as arbitrary and unreasonable under Article 14 of the Constitution. A fine of Rs. 1 lakh per person for a non-offence cannot stand. The threat is best understood as an attempt at extortion. So your immediate response should be: refuse to pay, in writing.

Can they block my exam forms because I won't pay the fine?

No. A college cannot withhold your right to appear in university examinations as a coercive measure to collect an illegal fine. University regulations typically provide that a student must have completed the academic requirements and paid legitimate fees to be allowed to sit for exams. An arbitrary "fine" does not qualify. If they try to block your forms, you have a strong case for a writ petition in the High Court. The court will not tolerate a private college using exam forms as a weapon.

What if the police refuse to act because the MD has contacts with high court judges?

This is a common fear, but it rarely plays out in practice. If you file a criminal complaint for extortion or criminal intimidation, the police are legally bound to register an FIR if the offence is cognizable. If they refuse, you have several options: write a complaint to the Superintendent of Police, file a private complaint before the Magistrate, or directly approach the High Court for a writ of mandamus directing the police to register the case. Contacts with judges matter far less in a court of law than people assume — a judge deciding your petition will look at the law, not at who knows whom.

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, do not try to negotiate with the MD yourself. That's a mistake many students make. They go alone, apologise, and end up making admissions the college can later use against them. Let your advocate communicate in writing.

Third, do not pay a single rupee under protest. If you pay, you're legitimising the fine. Get a court order first.

This type of matter — arbitrary disciplinary action by private educational institutions — requires an advocate who regularly handles education law and writ jurisdiction. General practitioners may not know the exact procedure for filing a writ petition, securing interim relief, or drafting a notice that properly invokes the college's fiduciary duties and the university's regulations. Domain-specific experience makes a significant difference in how quickly and effectively the matter is resolved.

Applicable Sections of Law

• Section 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 — Criminal Intimidation: Threatening injury to reputation or property to cause alarm or compel action.
• Section 308(2) BNS — Extortion: Putting a person in fear of injury and dishonestly inducing them to deliver property (the fine money).
• Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Remedy when police refuse to register FIR: complaint to Superintendent of Police.
• Article 226 of the Constitution of India — Writ jurisdiction of the High Court for protection against arbitrary state or quasi-state action (private colleges performing public functions).

Punishment and Penalties

• Criminal Intimidation (Section 351 BNS): Imprisonment up to two years, or fine, or both. If threat is to cause death or grievous hurt, imprisonment up to seven years.
• Extortion (Section 308 BNS): Imprisonment up to three years, or fine, or both.
• Cognizable / Non-cognizable: Extortion is cognizable. Criminal intimidation is cognizable in some forms.
• Bailable / Non-bailable: Both are generally bailable.
• Compoundable: Criminal intimidation is non-compoundable; extortion is compoundable with court permission (if the victim consents).

Jurisdiction — Where to File the Case

For the criminal aspect (extortion / criminal intimidation), you must file the complaint at the police station with territorial jurisdiction over the college campus. That is the police station in whose area the MD's office is located and where the demand was made. If they refuse, file a private complaint before the Judicial Magistrate First Class of that area. For the civil/writ aspect (challenging the fine and the threat to block exam forms), you approach the High Court of the state — here, the Nagpur Bench of the Bombay High Court. Jurisdiction matters because the wrong court will simply dismiss your case on procedural grounds, wasting weeks of precious time.

What if Police Refuse to File FIR?

Police refusal is a common hurdle, especially when the accused is a powerful person. Here's what you do:

• Send a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS. The SP must either investigate or give you a written reason for refusal.
• If the SP also refuses, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• As a last resort, approach the High Court under Article 226 for a writ of mandamus directing the police to register the FIR.
• Keep copies of your complaint and all correspondence — these documents are critical evidence of police inaction later.

Rights of the Accused

Even though the MD is the one likely accused here, you should know the rights you have if roles were reversed or if the institution files a counter-complaint. These protections apply to every person:

• Right to remain silent — no person can be compelled to be a witness against themselves (Article 20(3) of the Constitution).
• Right to be produced before a Magistrate within 24 hours of arrest (Article 22(2)).
• Right to know the grounds of arrest — the police must inform you of the offence immediately.
• Right to consult and be defended by an advocate of your choice (Article 22(1)).
• Right to a copy of the FIR — it must be provided free of cost. Without it, you cannot prepare a defence.

Bail Provisions

Extortion under Section 308 BNS is bailable. Criminal intimidation under Section 351 BNS is generally bailable. So if charges are filed, the accused can apply for regular bail before the Magistrate without much difficulty. Bail conditions are standard: a personal bond and surety, no tampering with evidence, no threatening witnesses. For anticipatory bail (pre-arrest protection), the application goes to the Sessions Court under Section 482 BNSS. Courts grant anticipatory bail only if there is no likelihood of flight or evidence tampering and the accusation appears motivated. In this case, the MD would likely get bail easily — but that doesn't mean his conduct was lawful. It only means the offence is bailable.

Quashing of FIR / Case

If the MD tries to file a counter-FIR against you — for example, alleging some misconduct on your part — you can approach the High Court under Section 528 BNSS (inherent powers) to have the FIR quashed. Grounds for quashing include: no prima facie offence made out, the complaint is an abuse of the court process, or the dispute is civil in nature and lacks criminal intent. The Supreme Court has repeatedly held that FIRs must be quashed if they are frivolous, vexatious, or filed solely to harass. In this case, a counter-allegation of "indecent behaviour" for walking on a college road would be plainly insufficient to sustain a criminal case.

If You Are the Victim

• Do not pay the fine. Paying legitimises the demand. Instead, respond in writing through your advocate stating that the fine is illegal and you refuse.
• Collect evidence: save the MD's letter (copy it), note down the exact date and time of the incidents, and if possible, get a colleague or friend as a witness to the verbal threats.
• File a police complaint (or private complaint before a Magistrate) for criminal intimidation and extortion.
• Simultaneously, file a writ petition before the High Court to restrain the college from blocking your exam forms.
• Inform the university authorities — write a letter to the Vice-Chancellor or the Registrar, putting them on notice that the college is threatening to withhold your exam forms. Universities usually dislike this sort of interference.

Documents You Must Keep Ready

• Aadhaar card, PAN card, and any other government ID.
• The MD's fine letter (original or clear copy).
• College fee receipts and admit cards for past exams.
• Your college ID card and student registration details.
• Any communications (emails, messages) between you and the MD or college management.
• Witness statements (friends or classmates who saw the incidents).
• University exam form and schedule — to prove the threat is real.
• A diary noting every incident with dates, times, and exact words used.

What Evidence Is Required?

• Primary evidence: The MD's original fine letter, with his signature or on college letterhead — this is the best evidence.
• Witness testimony: Statements from anyone who saw the MD shouting or who heard the threats. Classmates are ideal witnesses.
• Photographs or videos: If you have any footage of the incident on campus (CCTV or phone video), preserve it immediately.
• Correspondence: Emails, WhatsApp messages, or any written exchange where the fine was demanded or exam forms threatened.
• Medical certificate: Not needed here, but if there was any physical intimidation or pushing, get a medical report.
• University regulations: A copy of the college's disciplinary code (if one exists) and the university's exam rules — to show no such fine is authorised.
• Secondary evidence: If the original letter is with you but you cannot produce it, a certified copy or photocopy can be admitted with a satisfactory explanation.

How the Police Behave in Such Cases

In cases involving a retired IAS officer with political connections, police may initially be reluctant to act. They might ask you to "settle the matter" internally or delay recording your statement. That is why the strategy must be multi-pronged: you do not rely solely on police complaint. You simultaneously file a private complaint before the Magistrate and a writ petition before the High Court. The moment a court issues notice to the police, they become far more cooperative. Courts do not take kindly to police inaction in cases of extortion and intimidation, especially when a student's academic career is at stake.

Timeline of Legal Process

• Day 1: Consult with an advocate. Draft and send a legal notice to the college challenging the fine.
• Day 3-5: File a private complaint before the Judicial Magistrate (if police refuse to register FIR).
• Day 7-14: File a writ petition before the High Court for protection against the fine and exam form threat. The court may grant interim relief within the first or second hearing.
• Day 21-30: The college files a response. The court hears arguments. If the fine is found illegal, the court may quash it permanently.
• After 30 days: If the matter is not resolved, it may go to final hearing (criminal case) or be listed for disposal (writ petition). Most such matters are resolved within 2-3 months.
• Appeal: If either party is aggrieved, they can appeal to the Division Bench of the High Court (within 30 days) or the Supreme Court (within 90 days) — but that is rare in cases like this.

How Long Will the Investigation Take?

If a criminal complaint is filed, the police must complete the investigation within 60-90 days for cognizable offences. If they do not file a chargesheet within the time limit, the accused can claim default bail. For non-cognizable offences, the timeline is less strict, but the Magistrate can fix a time frame. In practice, for extortion cases, the investigation can take anywhere from two weeks to two months, depending on the complexity and whether witnesses cooperate.

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?

Yes, this is a good case for out-of-court settlement, provided the college agrees to withdraw the fine entirely and does not demand any apology from you. Settlement through mediation or Lok Adalat is an option if both sides agree. Since the offence here (criminal intimidation) is non-compoundable, the criminal case cannot be simply withdrawn. But in practice, if the college withdraws the fine demand and the MD makes no further threats, the court may dispose of the criminal complaint as not pressed or may record a settlement. For the civil/writ aspect, a compromise deed can be signed, and the court can pass consent terms. Settlement is advisable only if you get exactly what you want: the fine withdrawn and no academic penalty. Never settle by agreeing to pay a "reduced" amount — that would still be paying an illegal fine.

Common Mistakes People Make

• Paying the fine under protest or threat — this legitimises the demand and makes recovery much harder later.
• Going to meet the MD alone without a lawyer — you may say something that can be twisted into an admission against You.
• Posting about the incident on social media — this can be used against you as evidence of "spoiling the college's reputation" and may harm your case.
• Not collecting evidence immediately — the MD's letter is crucial. Losing it makes your case far weaker.
• Engaging a lawyer who does not regularly handle education law or writ jurisdiction — these cases involve nuanced procedural strategies (interim relief, writ jurisdiction, police inaction remedies) that a general practitioner may not be fully familiar with. An advocate who handles such matters regularly knows exactly how to frame the petition, which judge to approach, and how to get a quick interim order. That domain experience often determines whether the matter takes two weeks or two months.
• Assuming the police will help automatically — they often won't. Have a backup plan: private complaint and High Court writ.

FAQs People Normally Have

Is it true that the college MD's contacts with judges will prevent me from getting justice?

No. Judges decide cases on the basis of law and evidence, not personal relationships. The High Court will examine the legal merits of your case. A retired IAS officer's connections rarely influence judicial outcomes in writ petitions. What matters is the strength of your legal arguments and the quality of your evidence.

Can the college expel me for not paying the fine?

They can try, but expulsion for a first "offence" of holding hands is grossly disproportionate and would itself be challenged as arbitrary and violative of natural justice. A court would likely stay the expulsion pending hearing.

What if the college says I violated a "discipline code" I never saw?

If there is no published code, or if the code does not mention such a fine, the college cannot rely on it. Courts have repeatedly held that disciplinary rules must be known to students before they can be enforced. A secret code is no code at all.

I'm scared to file a case because the college might fail me in exams. What do I do?

That is the exact fear the MD is exploiting. Filing a case is your only real way to break the cycle of intimidation. Once a court order is obtained protecting your right to appear for exams, the college cannot touch you. The fear of retaliation disappears the moment the court puts its authority behind you.

Can my parents be called to the college and forced to pay?

Your parents cannot be forced to pay an illegal fine. If the college tries to pressure them, they can also file a complaint or join the legal proceedings. As adults, you and Priya are the direct subjects of the fine — no legal obligation falls on your parents.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India