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: Simply being present at a peaceful protest, without any violent act, is not an offence. Police must have evidence linking you to a specific unlawful act. If you are named in an FIR, you can secure anticipatory bail and eventually seek quashing if no credible case exists. Don’t panic—but act promptly.
Aafreen Mansuri, a 22‑year‑old computer science student in Lucknow, didn’t think twice about joining a peaceful protest against alleged CET paper‑leak irregularities on 12 June 2025. She was there for barely an hour, chanting a few slogans, completely non‑violent. She left well before sunset. Hours later, clashes erupted. The next morning, her phone flooded with videos of vandalism, stone‑pelting, and arrests. Rumours swirled that police were scanning CCTV, identifying every face. Aafreen panicked. A general lawyer she called gave vague advice and asked her to “wait and watch.” That didn’t sit well. So she approached the Chamber of Advocate Sudhir Rao through a relative. Advocate Sudhir Rao’s deep experience in protester‑rights and criminal defence kicked in immediately. His office assessed that mere presence, without any overt unlawful act, was legally insufficient to sustain prosecution. They advised Aafreen to preserve her Google Maps timeline, timestamped selfies, and call logs that proved her early exit. The office also filed a pre‑emptive anticipatory bail application under Section 482 BNSS before the Sessions Court in Lucknow. The court allowed it, granting her protection. No FIR was ever registered against her. Specialised handling turned panic into swift, quiet resolution.Key Facts of the Case
- A 22‑year‑old woman attended a student protest on 12 June 2025 in Lucknow for roughly one hour.
- She participated only in peaceful slogan‑shouting; no violence, no damage, no threats.
- She left before any clashes broke out; violence flared much later in the evening.
- Police subsequently began identifying faces from video footage, prompting her fear of false implication.
- A non‑specialist advocate’s suggestion to simply “wait and watch” deepened her anxiety.
- Advocate Sudhir Rao’s chamber secured anticipatory bail pre‑emptively, even before any FIR named her.
- The bail order, combined with preserved digital evidence of her early exit, ensured she never faced prosecution.
- The case highlights that police need credible, specific evidence of criminal participation—not just presence in a crowd.
The Direct Legal Answer
Can merely being present at a protest lead to an FIR or legal trouble?
An FIR can be registered against specific persons or unknown individuals. But for the police to make it stick, they need material showing your active involvement in an unlawful act. Simply standing in a crowd, chanting generic slogans, and leaving before any violence usually won’t cut it. The prosecution must prove you shared a common object to commit violence or damage—something that’s nearly impossible if you weren’t there when things turned ugly.
What if I’m Muslim and fear profiling or selective targeting?
The law doesn’t treat you differently based on religion. That said, if you suspect the police singled you out based on identity, your advocate can raise it during bail arguments or a quashing petition. Courts look at evidence, not demographics. Keep your own proof—location data, photos with timestamps—to shut down any baseless suspicion quickly.
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.
Don’t wait for an FIR to be filed. The moment you sense trouble, gather proof of your peaceful conduct. Screenshot your location history, save unedited photos, and back up call logs. The earlier you act, the stronger your anticipatory bail petition becomes. And here’s the thing—a lawyer who regularly handles protest‑related criminal defence knows the procedural shortcuts and evidentiary nuances that a general practitioner might completely overlook. That domain‑specific experience can be the difference between a quiet closure and a prolonged harassment.
Applicable Sections of Law
The key provisions under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) that come into play here include:
- Section 189 BNS – Unlawful assembly (being a member of an assembly with a common illegal object).
- Section 191 BNS – Rioting (use of force or violence by an unlawful assembly).
- Section 324 BNS – Mischief causing wrongful loss or damage (vandalism, property damage).
- Section 482 BNSS – Anticipatory bail when a person apprehends arrest.
- Section 528 BNSS – Inherent powers of the High Court to quash an FIR or proceedings.
Punishment and Penalties
A charge under Section 189 BNS (unlawful assembly) attracts up to six months’ imprisonment, or a fine, or both. This is a bailable, non‑cognizable offence. If, however, the police invoke Section 191 BNS (rioting), the punishment extends to two years’ imprisonment along with a fine. Rioting is a cognizable and bailable offence. Both offences are compoundable with the permission of the court. For mischief under Section 324 BNS, the punishment depends on the value of the damage caused—ranging from a few months to several years—and the offence may be bailable or non‑bailable based on the specifics. Being charged does not mean conviction; much depends on the quality of evidence and the legal strategy deployed early on.
Jurisdiction — Where to File the Case
The police station within whose territorial limits the protest took place has the authority to register the FIR and investigate. For a protest in Lucknow, that would be the local police station. Trial of offences like unlawful assembly and rioting is conducted by the Judicial Magistrate First Class. Anticipatory bail can be sought before the Sessions Court in the district where the arrest is feared. If you later need to quash the FIR, the petition lies before the High Court under Section 528 BNSS. Jurisdiction is tied to the place of occurrence—any misstep in filing before the wrong court can waste precious time.
Rights of the Accused
- Right against self‑incrimination: Article 20(3) of the Constitution lets you remain silent. You don’t have to answer questions that may implicate you.
- Right to legal representation: Article 22 grants you the right to consult and be defended by a lawyer of your choice from the first moment of detention.
- Right to know the grounds: If arrested, you must be told the reasons and be produced before a Magistrate within 24 hours.
- Right to a copy of the FIR: You are entitled to a free copy of the FIR naming you, as soon as it is registered.
- Right to bail in bailable offences: For bailable offences like unlawful assembly, bail is a matter of right and can’t be denied.
Bail Provisions
If the only section invoked is Section 189 BNS (unlawful assembly), the offence is bailable—you can be released immediately on furnishing a bail bond. Fear of arrest often stems from the possibility of non‑bailable rioting charges. Before any arrest, you can apply for anticipatory bail under Section 482 BNSS before the Sessions Court. The court will typically grant it if you show a reasonable apprehension of arrest and no past criminal record. Conditions may include cooperating with investigation, not tampering with evidence, and attending the police station when summoned. If an arrest has already been made, regular bail can be sought under Section 480 or 483 BNSS. A well‑drafted bail petition that underscores your peaceful role and the absence of any violent act can secure release swiftly.
Quashing of FIR / Case
Even if an FIR is registered, the High Court can quash it using its inherent powers under Section 528 BNSS. Quashing is possible when the allegations, taken at face value, disclose no prima facie offence—mere presence without active participation is a classic ground. If the prosecution’s own evidence shows you left before any violence, or if the FIR fails to attribute any specific unlawful act to you, the court may quash the proceedings. Abuse of process, like filing a case solely based on religion or identity without material, is another strong ground. Quashing is most effective when pursued early, ideally alongside anticipatory bail.
How the Police Behave in Such Cases
After a protest turns violent, police typically scan CCTV, mobile footage, and social media to identify participants. They may issue a notice under Section 35 BNSS requiring your presence for inquiry. In many instances, officers are cooperative with those who were clearly peaceful. However, if the police face pressure to “round up” suspects, even peripheral attendees might be summoned. Walking in without a lawyer can be risky. Having counsel present ensures you don’t inadvertently say something that gets twisted into an admission of guilt. The police cannot arrest you without credible evidence linking you to a specific offence.
Timeline of Legal Process
- FIR Registration: Immediately after the incident or once a complaint is received.
- Investigation: Police collect evidence, record statements, analyse videos—typically 60 to 90 days.
- Anticipatory Bail Hearing: Can be decided within days if approached promptly.
- Chargesheet: Filed within the investigation period; if no evidence, a closure report may be submitted.
- Cognizance & Summons: The Magistrate examines the chargesheet and issues process if a case is made out.
- Trial: Begins with framing of charges, followed by prosecution and defence evidence—can take 6 months to a year or more.
- Appeal: If convicted, you can appeal to the Sessions Court within the limitation period.
How Long Will the Investigation Take?
For offences under Sections 189, 191, and 324 BNS, investigation is usually completed within 60 days if the accused is in custody, or up to 90 days for more serious rioting cases. If the police find no evidence against you, they may file a closure report earlier. Realistically, expect an investigation to last anywhere between 45 to 90 days from the date of the FIR.
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, especially if the offender is willing to compound the offence with the permission of the court. For compoundable offences like unlawful assembly and rioting, you can enter into a compromise with the complainant (usually the State). In practice, if the police find no evidence against you, they often file a closure report, which settles the matter de facto. Pre‑litigation mediation isn’t typical for protest‑related FIRs, but if a private party has suffered damage, a mutual settlement and a joint quashing petition can sometimes resolve things. However, the State remains the dominant party in criminal proceedings, so settlement is not always in your control.
Common Mistakes People Make
- Delaying legal action: Waiting to see whether an FIR is filed wastes the precious window for compiling exculpatory evidence and filing anticipatory bail.
- Speaking to the police without counsel: Innocent statements can be misrecorded in a statement under Section 180 BNSS, damaging your defence.
- Posting on social media: Discussing your protest participation online can be used against you. A casual “I was there” post can become prosecution evidence.
- Destroying digital evidence: Deleting photos, location history, or messages out of fear is a grave mistake. Courts appreciate preserved, unaltered data.
- Hiring a lawyer without protest‑defence experience: A general practitioner may not be familiar with the subtle distinctions between unlawful assembly, rioting, and mere presence—or with the strategic use of anticipatory bail and quashing. That lack of domain‑specific insight can cost you your liberty and peace of mind.
FAQs People Normally Have
What if I received a notice under Section 35 BNSS to appear before the police?
Comply, but go with your lawyer. You are not obliged to answer self‑incriminating questions. Your advocate can ensure the statement is recorded correctly.
Can I be arrested without any evidence of violence?
For a non‑cognizable offence like Section 189, arrest without a warrant is not permitted. Even for cognizable rioting, arrest must be based on credible material. Anticipatory bail is your shield.
Is a peaceful protest itself illegal?
No. The right to peaceful assembly is a fundamental right under Article 19(1)(b). It becomes an issue only when the assembly turns unlawful or violent.
Do I need anticipatory bail if no FIR names me yet?
It’s a wise precaution. If you genuinely fear arrest, and police are identifying faces, a pre‑emptive anticipatory bail order can prevent an arrest altogether.
Can the police use my social media posts against me?
Yes. Anything you post publicly can be used as evidence. That’s why it’s crucial to stay silent online until the matter is resolved.
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.