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 verbal apology from an attacker — even with an offer to pay medical bills — does not erase the criminal offence. Under the Bharatiya Nyaya Sanhita, 2023, assault and causing hurt remain prosecutable. You can still file an FIR. Apologies may mitigate sentencing but do not bar prosecution unless the offence is compoundable and both parties settle before a court. Always consult a criminal lawyer before accepting any settlement.
In early March 2025, a resident of an apartment complex in Andheri West, Mumbai — let us call him Rohan Gupta — was attacked by a neighbour who was also a tenant in the same building. Rohan had just finished his rabies vaccine course when the tenant, a man with a history of aggressive behaviour, lost his temper and assaulted him. The incident left Rohan shaken and injured.
Initially, the tenant showed no remorse. But a relative of the tenant — a woman well-known to Rohan's mother — stepped in. She knew both families and realised the seriousness of what had happened. After speaking to Rohan's mother and understanding the legal consequences the tenant could face, she convinced the tenant to apologise. He called Rohan's mother, said he was sorry, and offered to cover all medical expenses.
Rohan felt conflicted. Accepting the apology seemed fair — the man had never apologised for his previous misbehaviour. But was it enough? Rohan approached the Chamber of Advocate Sudhir Rao. After reviewing the evidence — including photographs of injuries and witness statements — the office advised Rohan that an apology, even a sincere one, does not cancel a criminal offence. The specialised approach of Advocate Sudhir Rao and his office ensured Rohan understood the difference between a private settlement and a criminal proceeding. They guided him to file an FIR, securing his rights while keeping the option of a settlement open if the offence turned out to be compoundable. The matter is now under investigation, and Rohan is receiving proper medical care and legal protection.
Key Facts of the Case
- The assault occurred inside the apartment complex where both the victim (Rohan Gupta) and the accused tenant were residents.
- The accused had a known history of prior aggressive incidents, though none had been formally reported to the police.
- A mutual acquaintance mediated and convinced the accused to apologise verbally and offer medical expense reimbursement.
- The victim sustained visible injuries — photographs and a medical report were preserved as evidence.
- No FIR was filed initially; the victim sought legal advice only after receiving the apology.
- The office of Advocate Sudhir Rao advised that a criminal complaint remains viable despite the apology.
- The matter is currently at the investigation stage under the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Direct Legal Answer
Can a verbal apology or an offer to pay medical bills stop me from filing an FIR?
No. An apology — even one made in writing — does not nullify a criminal offence. Under the Bharatiya Nyaya Sanhita, 2023, assault and causing hurt are public wrongs, not just private disputes. The police can register an FIR on your complaint regardless of whether the accused has apologised. Apologies may be considered during sentencing or bail hearings, but they do not prevent prosecution.
Should I accept the apology and drop the matter?
That depends on the nature of the offence. Some offences under BNS are compoundable — meaning you and the accused can settle the matter before a court, and the case can be closed. But that requires a formal proceeding, not a private phone call. If the offence is non-compoundable, only a court can acquit the accused, and even then, your consent matters only within the bounds of the law. Never drop criminal proceedings based solely on an oral apology — get legal advice first.
What if the accused has a history of such behaviour?
History matters a lot. Courts take a dim view of repeat offenders. A prior record — even if unreported — can be brought to the investigating officer's attention through witness statements. It strengthens your case at the bail and sentencing stages.
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.
Beyond the consultation, here are two more things. First, preserve all evidence — medical reports, photographs, WhatsApp messages, call recordings if legally obtained. Second, do not engage directly with the accused after the assault. Let your lawyer or the police handle communication. This area of criminal law involves nuanced procedural steps — from the quality of the FIR to the framing of charges — that a general practitioner may not be fully familiar with. An advocate who regularly handles assault and hurt cases will know exactly how to build a strong evidentiary record and negotiate bail conditions, if needed.
Applicable Sections of Law
The following provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are relevant:
- Section 115 BNS — Voluntarily causing hurt. Punishable with imprisonment up to one year, or fine up to five thousand rupees, or both.
- Section 118 BNS — Voluntarily causing grievous hurt. Attracts higher penalties if the injury is serious (fracture, loss of sight, etc.).
- Section 3(5) BNS — Abetment, if the accused acted with others.
- Section 175(3) BNSS — Right to file a private complaint before a Magistrate if police refuse to register an FIR.
- Section 528 BNSS — Inherent powers of the High Court to quash proceedings, applicable if the matter is compoundable and the parties genuinely settle.
Punishment and Penalties
For an offence under Section 115 BNS (voluntarily causing hurt), the maximum punishment is imprisonment of one year, or a fine of up to five thousand rupees, or both. If the hurt amounts to grievous hurt under Section 118 BNS, imprisonment can extend to seven years and fine is heavier. The offence under Section 115 is bailable, cognizable, and compoundable. Section 118 is non-bailable and non-compoundable if the grievous hurt is caused by a dangerous weapon or in a manner likely to cause death. Bail is at the discretion of the court for non-bailable offences.
Jurisdiction — Where to File the Case
For criminal matters, the territorial jurisdiction lies with the police station within whose limits the offence took place. In Rohan's case, that is the local police station in Andheri West, Mumbai. The complaint should be filed at that station. If the police refuse to register an FIR, you can approach the Superintendent of Police under Section 173(4) BNSS, or directly file a private complaint before the Judicial Magistrate of the First Class who has jurisdiction over that area. For civil ancillary claims (like medical expense recovery), the civil court of the same territorial jurisdiction would be appropriate.
What if Police Refuse to File FIR?
If the police refuse to register an FIR for a cognizable offence like assault, you have clear remedies:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS — the SP can order the station to register the FIR.
- File a private complaint before the Judicial Magistrate of the First Class under Section 175(3) BNSS — the Magistrate can direct the police to investigate.
- As a last resort, file a writ petition before the High Court under Article 226 of the Constitution, seeking a direction to the police to register the FIR.
Do not accept a "no action" response — these remedies are effective if used promptly.
Rights of the Accused
The accused in a criminal case has fundamental rights that must be respected:
- Right to remain silent — Article 20(3) of the Constitution: No person accused of an offence can be compelled to be a witness against themselves.
- Right to legal representation — Article 22: The accused has the right to consult and be defended by a lawyer of their choice.
- Right to be produced before a Magistrate within 24 hours — Section 58 BNSS: Any arrested person must be produced before a Magistrate within 24 hours of arrest, excluding travel time.
- Right to a copy of the FIR — The accused is entitled to receive a copy of the FIR and to know the grounds of arrest.
- Right to bail — If the offence is bailable, the accused has a right to be released on bail; if non-bailable, bail is at the court's discretion.
Bail Provisions
For an offence under Section 115 BNS (voluntarily causing hurt), the offence is bailable. The accused can seek bail from the police station itself under the BNSS. For Section 118 BNS (grievous hurt), the offence is non-bailable — the accused must apply for regular bail before the Magistrate or Sessions Court. Anticipatory bail under Section 482 BNSS is available for non-bailable offences if the accused apprehends arrest. The court typically grants bail on conditions — a surety bond, attendance at hearings, and no intimidation of witnesses. Strategy matters: if injuries are minor, even a non-bailable offence can attract bail at the discretion of the court.
Quashing of FIR / Case
The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings. Grounds for quashing include: (a) the offence is compoundable and the parties have genuinely settled, (b) no prima facie offence is made out from the FIR on its face, (c) the proceedings are an abuse of the process of court. In Rohan's case, if the offence is compoundable and the accused fully compensates the victim, a quashing petition becomes a viable strategy — but only after the court is satisfied that the settlement is voluntary. Do not attempt quashing without an experienced criminal lawyer; the Supreme Court has held that quashing for non-compoundable offences based on compromise is rare and requires exceptional circumstances.
If You Are the Victim
- Seek immediate medical attention and obtain a detailed medico-legal report.
- Preserve all evidence — photographs of injuries, torn clothes, CCTV footage from the building, WhatsApp messages, and any audio/video recordings.
- File an FIR at the police station with territorial jurisdiction. Do not delay — delay weakens the case.
- Share all evidence with your lawyer only — never post about the incident on social media.
- Keep a diary of events, including dates, times, and witness names.
Documents You Must Keep Ready
- Aadhaar card or other government-issued photo ID
- Medico-legal report and discharge summary from the hospital
- Photographs of injuries (with date and time metadata)
- CCTV footage (save on a pen drive or cloud)
- Written or recorded apology from the accused (if available)
- Witness statements (name, address, contact)
- Copy of the lease agreement or occupancy proof (to establish tenancy context)
- Any prior complaints or police reports about the accused's behaviour
What Evidence Is Required?
- Primary evidence: The victim's own testimony in court; CCTV footage; medical records.
- Secondary evidence: Witness statements (neighbours, the mutual acquaintance); photographs (if original footage is unavailable); electronic records like WhatsApp chats.
- Corroborative evidence: The accused's history of similar incidents; any communication where the accused admits the act (e.g., the apology call — record calls only if legally permissible).
- Documentary evidence: Hospital bills, pharmacy receipts, proof of loss of earnings due to injury.
- Expert evidence: Doctor's testimony on the nature of injuries (definitely required for grievous hurt cases under Section 118 BNS).
How the Police Behave in Such Cases
In assault cases within residential complexes, police often try to mediate rather than file an FIR. They may suggest compromise. That is not always wrong — but as a victim, you must insist on a formal FIR if you want legal protection. The police will record your statement, collect evidence, and if the injuries are visible, they will arrest the accused or issue a notice. In practice, for minor hurt cases, police may issue a notice under Section 41 BNSS rather than arrest. Be persistent — if the officer is uncooperative, go up the chain to the ACP or DCP.
Timeline of Legal Process
- Day 1 to 7: FIR registration; police visit the scene; medical report collection.
- 2 to 4 weeks: Investigation — recording of witness statements, collection of CCTV footage, arrest or notice to accused.
- Within 60-90 days: Chargesheet filing (for cognizable offences with arrest); or final report if no case made out.
- 2 to 4 months: Cognizance by Magistrate; framing of charges.
- 6 to 12 months: Trial — examination of prosecution witnesses, cross-examination, defence evidence.
- Final hearing: Judgment — acquittal or conviction and sentencing.
- If convicted: Appeal to Sessions Court within 30 days.
How Long Will the Investigation Take?
For simple hurt under Section 115 BNS, investigation is typically completed within 30 to 60 days. For grievous hurt, police may take up to 90 days to file a chargesheet. Delays happen if witnesses are uncooperative or if forensic reports are pending. The investigating officer must file a final report within 60 days for a bailable offence and within 90 days for a non-bailable one, failing which the accused gets a default bail right.
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, but only in a structured manner. Under Section 528 BNSS (inherent powers), the High Court can quash proceedings if the offence is compoundable and the parties genuinely settle. For a Section 115 BNS offence, the offence is compoundable — meaning you, as the victim, can enter into a compromise with the accused before a court, and the case can be closed. Lok Adalats are another option for pre-litigation or pending matters. For non-compoundable offences (like grievous hurt), the court may still consider a settlement as a mitigating factor for sentence reduction, but cannot quash the case solely on compromise. Settlement is advisable only when you are fully compensated, the apology is genuine, and your lawyer confirms the offence is compoundable.
Common Mistakes People Make
- Accepting a verbal apology and dropping the FIR: This leaves you with no legal record. If the accused repeats the offence, you have no proof of a prior pattern.
- Destroying evidence: People often delete photographs or throw away torn clothes — don't. Preserve everything.
- Posting on social media: Anything you post can be used by the defence to discredit you. Keep all communication private.
- Engaging a lawyer without domain-specific experience: Criminal law, especially assault and hurt cases, involves nuanced procedural strategies — from securing a proper FIR to negotiating bail conditions and evaluating compoundability. A general practitioner may miss critical steps. An advocate who regularly handles such cases will know how to build an evidentiary record that survives judicial scrutiny.
- Negotiating directly with the accused: You may inadvertently admit to something or accept a low settlement. Let your lawyer handle all communication.
- Delaying the FIR: The longer you wait, the weaker your case becomes. Courts view delay as a sign that the injury was not serious enough to act upon.
FAQs People Normally Have
Can I still file an FIR if the tenant has already apologised?
Yes. An apology is not a legal bar to filing an FIR. You can file a complaint at the police station even months after the incident, though early filing is better.
What if the tenant's apology is recorded and I want to settle?
If the offence is compoundable under BNS, you can approach the court with a joint compromise petition. The court will record the settlement and acquit the accused. But if the offence is non-compoundable, only the court can decide — your consent alone is not enough.
Will the tenant be arrested if I file an FIR?
For simple hurt (Section 115 BNS), the police typically issue a notice rather than arrest. For grievous hurt (Section 118 BNS), arrest is possible depending on the severity of injuries and the accused's criminal history.
How do I prove the tenant has a history of similar behaviour?
You can bring witnesses from the apartment complex — neighbours who have seen or experienced his aggression. You can also file a complaint with the building's managing committee and preserve any prior complaints. The police will record these statements during investigation.
What if the police tell me to just accept the apology and move on?
Do not accept that. The police are not the judge of what is fair for you. Insist on a written FIR. If they refuse, go to the SP or file a private complaint before the Magistrate.
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 criminal lawyer in Delhi — 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.