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.
Rohan Gupta, a software professional from Pune, was returning from a leisure trip to Coorg with two friends in mid-February 2025. On a narrow stretch of highway near Madikeri, a Mahindra Scorpio began tailgating him aggressively. When Rohan slowed near a speed breaker while attempting to overtake a truck ahead, the Scorpio driver — visibly agitated — began blaring his horn without pause. Rohan moved his car to the left to make way. Instead of passing, the other driver stopped his vehicle and demanded Rohan step out.
The man appeared to be intoxicated. Rohan chose not to engage and drove around the gap. The aggressor gave chase for nearly four kilometres, eventually overtaking Rohan at a blind curve, narrowly missing an oncoming tempo, and blocking the road entirely. A crowd gathered. Because the aggressor was a local and Rohan was an outsider, the crowd's sympathy tilted against Rohan. The man screamed "do you know who I am?" repeatedly — suggesting local political influence. Rohan apologised despite having done nothing wrong. The aggressor attempted to hit him several times before bystanders intervened. Rohan and his friends escaped unharmed physically but were left deeply shaken.
Rohan had no dashcam footage and was too stunned to record anything on his phone. He had the vehicle's registration number and owner details. He first approached a local general practitioner advocate in Madikeri, who advised him to simply let it go. Unsatisfied, he reached out to Advocate Sudhir Rao. The matter was handled with a focused criminal law strategy, including a formal written complaint to the Superintendent of Police, identification of the offences under relevant BNS provisions, and a structured follow-up that eventually resulted in a cognizance notice being issued against the accused. Rohan finally had a legal answer to what had felt like a helpless situation.
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.
Document everything immediately. Write down a detailed account of the incident as soon as possible — time, location, sequence of events, the vehicle registration number, physical descriptions of the accused, names of any witnesses, and any injuries or damage. Memory fades fast. Contemporaneous notes carry real evidential weight, and courts do notice when a complainant has recorded details within hours rather than days.
Don't confront or negotiate directly. Reaching out to the aggressor or his family without legal counsel is a common and costly error. Any communication you make can be misconstrued or used against you. And here's the thing — even a politely worded WhatsApp message to "resolve the matter" can later be spun as an admission. Let your advocate handle all correspondence.
Engage an advocate with criminal law experience. Road rage cases sit at the intersection of criminal intimidation, rash driving, and assault law. These matters involve specific procedural steps under the BNSS and evidentiary considerations that a general practitioner may not be fully familiar with. An advocate who regularly handles criminal matters of this nature will know which sections to invoke, how to approach the concerned police station, and when to escalate to the SP or Magistrate. Don't settle for the first name someone hands you at the local bar association.
Applicable Sections of Law
Road rage and highway harassment cases attract multiple provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):
- Section 351 BNS (Criminal Intimidation): Threatening another person with injury to cause alarm or force them to act — the repeated blocking, chasing, and verbal threats squarely attract this provision.
- Section 115 BNS (Voluntarily Causing Hurt): Applicable where the accused attempted to physically strike the victim. Even an attempt that is thwarted by bystanders can attract liability.
- Section 296 BNS (Rash Driving on Public Roads): Overtaking at a blind curve, nearly colliding with oncoming vehicles, and blocking a public highway all constitute rash and negligent driving endangering human life.
- Section 352 BNS (Assault or Criminal Force): Banging on the car door and window, and attempting to physically strike the victim, constitutes use of criminal force with intent to cause fear.
Punishment and Penalties
Frankly, many victims are surprised by how serious the penal exposure actually is here.
- Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. Where the threat is of death or grievous hurt, punishment extends to seven years.
- Section 115 BNS (Voluntarily Causing Hurt): Imprisonment up to one year, or fine up to Rs. 10,000, or both.
- Section 296 BNS (Rash Driving): Imprisonment up to six months, or fine up to Rs. 1,000, or both for a first offence; higher for repeat offenders.
- Cognizability: Section 351 and Section 115 BNS are cognizable and non-bailable in aggravated forms. Section 296 BNS is cognizable. Make no mistake — these are serious penal provisions, not minor traffic violations.
Jurisdiction — Where to File the Case
Territorial jurisdiction lies with the police station covering the area where the incident occurred. Since the offences took place on a specific highway stretch near Madikeri, the FIR must be registered at the local police station whose jurisdictional area covers that road segment. The trial, once chargesheet is filed, would proceed before the Judicial Magistrate of First Class (JMFC) having jurisdiction over that tehsil or taluka. Getting jurisdiction right matters — filing at the wrong police station can cause delays and procedural objections. As held in Lalita Kumari v. Government of UP, 2014, police are obligated to register an FIR upon receiving information of a cognizable offence.
What if Police Refuse to File FIR?
And here's the thing — local influence sometimes causes police to resist registering an FIR against a person with political connections. You're not without options.
- Submit a written complaint to the Superintendent of Police of the district under Section 173(4) BNSS, requesting that an FIR be directed to be registered.
- File a private complaint directly before the Judicial Magistrate of First Class under Section 175(3) BNSS. The Magistrate has the power to take cognizance and direct the police to investigate.
- Approach the High Court by way of a writ petition under Article 226 of the Constitution as a last resort, particularly where the SP has also failed to act.
- Keep copies of every written complaint submitted, along with proof of submission (postal acknowledgement or dated receipt), to establish a paper trail of police inaction.
Rights of the Accused
Even where a complaint has been filed and the accused is the clear aggressor, Indian law provides the accused with certain rights. These are worth knowing:
- Right against self-incrimination under Article 20(3) of the Constitution — no person accused of an offence can be compelled to be a witness against himself.
- Right to legal representation under Article 22 of the Constitution, including the right to consult an advocate of his choice from the moment of arrest.
- Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) — this is non-negotiable regardless of the gravity of the offence.
- Right to receive a copy of the FIR and to be informed of the grounds of arrest at the time of being taken into custody.
- Right to apply for bail before the competent Magistrate, subject to the cognizable/bailable classification of the offences charged.
Bail Provisions
Section 351 BNS in its aggravated form (threat of death or grievous hurt) is non-bailable. Section 115 BNS and Section 296 BNS are generally bailable. Where non-bailable provisions are invoked, the accused may apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court if apprehending arrest. Regular bail post-arrest would be governed by Section 480 and Section 483 BNSS. Bail conditions typically include execution of a surety bond, surrender of passport, and a direction not to contact the complainant or witnesses. Now, before you act — from a complainant's perspective, opposing bail by placing the accused's political connections and intimidation history before the court is a sound litigation strategy, and your advocate should do this proactively rather than waiting to be asked.
Quashing of FIR / Case
The accused may apply to the High Court for quashing of the FIR under Section 528 BNSS, which confers inherent powers on the High Court to prevent abuse of court process. Quashing is typically granted where the FIR discloses no cognizable offence, where the matter is patently civil in nature, or where a compoundable offence has been settled between the parties. In road rage cases with clear aggression, threats, and physical attempts, quashing is difficult to sustain — as established in State of Haryana v. Bhajan Lal, 1992, courts don't quash FIRs where a prima facie cognizable offence is disclosed. The complainant's advocate must ensure the FIR and complaint are precisely worded to foreclose quashing attempts. Every word in that first complaint document counts.
If You Are the Victim
Act quickly. Hesitation costs you evidence.
- Note the vehicle registration number and photograph the vehicle if safely possible — even a blurry image taken from inside your car carries value.
- File a formal written complaint with the jurisdictional police station within 24 to 48 hours of the incident, while details are fresh.
- Identify witnesses — passers-by, truck drivers, or local shopkeepers who saw the incident — and record their contact details.
- Do not apologise in writing or on any social media platform. A written apology can be used to suggest you admitted fault.
- Seek a medical examination if you were physically touched or suffered any injury, however minor, and obtain a medico-legal certificate (MLC).
Documents You Must Keep Ready
- Aadhaar Card and PAN Card as identity proof
- Copy of the vehicle's RC (Registration Certificate) to establish your presence on the road
- Vehicle registration details of the accused (RC search from Parivahan portal using the vehicle number)
- Photographs or screenshots of the accused's vehicle, if available
- Written contemporaneous account of the incident signed and dated by all persons present
- Any WhatsApp messages or calls made to or from the location at the relevant time (for corroboration of time and place)
- Medico-legal certificate if any physical contact or injury occurred
- Toll receipts or GPS location data from your phone showing your route and time
What Evidence Is Required?
- Eyewitness testimony: Statements from your co-passengers and any neutral bystanders who witnessed the incident are primary evidence.
- Vehicle identification: The registration number and owner details obtained through Parivahan — this directly links the accused to the vehicle.
- GPS and location data: Mobile phone GPS logs or Google Timeline data corroborating your route, location, and time.
- Toll booth CCTV footage: If you passed through a toll within 30 minutes before or after the incident, CCTV footage from the toll plaza may have captured both vehicles.
- Call data records (CDR): If you called anyone during or immediately after the incident, CDR can confirm timeline and location.
- Medical evidence: MLC from the nearest government hospital if any physical contact occurred.
- Social media posts by the accused: Occasionally, aggressors post about altercations on their own social media — preserve any such posts by screenshot with timestamp.
How the Police Behave in Such Cases
Be prepared for resistance. In cases where the accused has local political connections, the jurisdictional police station may be reluctant to register an FIR promptly or at all. Officers may suggest mediation, ask you to "let it go," or record only a General Diary entry instead of a full FIR. This is a known pattern, especially when the complainant is an outsider and the accused is a local figure. Persistence through written complaints, escalation to the SP, and a well-drafted private complaint before the Magistrate are the tools that move such cases forward. The Supreme Court's direction in Lalita Kumari v. Government of UP, 2014 is clear — inaction by police on cognizable offences is not permissible.
Timeline of Legal Process
- Day 1–2: File written complaint at jurisdictional police station. Insist on FIR registration and obtain a copy.
- Week 1–2: Police register FIR and begin preliminary investigation — recording statements of complainant and witnesses.
- Week 2–8: Police investigation including spot inspection, vehicle verification, and arrest or notice to the accused.
- Within 60–90 days: Chargesheet (charge report) filed before the Magistrate under Section 193 BNSS.
- Month 3–4: Magistrate takes cognizance and summons/arrest warrant issued to accused.