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.

Ms. X, a 20-year-old college student, was spending time with her boyfriend Mr. Y in a public area when two unknown men approached them. These individuals, claiming to be moral guardians of society, made false accusations about inappropriate behavior and physically assaulted Ms. X by slapping her. The incident occurred in broad daylight with several witnesses present. The accused persons also made defamatory statements publicly, causing humiliation and mental trauma to both Ms. X and Mr. Y. The incident was reported to local police, and we filed complaints under multiple sections of BNS for assault, defamation, and criminal intimidation. Such cases of moral policing have become increasingly common, and victims must know their legal rights and remedies available under Indian law.

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 the incident immediately with photographs of injuries and witness statements
• File police complaint within 24 hours for better evidence preservation
• Avoid confronting the accused directly and let legal proceedings handle the matter
• Maintain detailed records of medical treatment and psychological impact

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), several sections apply to such cases. Section 115 deals with voluntarily causing hurt, Section 351 covers criminal intimidation, and Section 356 addresses defamation. Additionally, Section 354 may apply if there was intent to outrage modesty. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), provisions for arrest, investigation, and trial procedures are clearly defined. These laws provide comprehensive protection against physical assault, mental harassment, and damage to reputation. The punishment can range from imprisonment to monetary fines depending on the severity of the offense.

If You Are the Complainant

• File FIR immediately at the nearest police station with complete details of the incident
• Collect contact information of all witnesses who saw the assault and defamation
• Obtain medical examination report from government hospital documenting injuries
• Request police to register case under appropriate sections of BNS
• Maintain copies of all documents including FIR, medical reports, and witness statements

If You Are the Victim

• Seek immediate medical attention and preserve all medical records as evidence
• Contact trusted family members or friends for emotional support during legal proceedings
• Document psychological impact through counselor reports for compensation claims
• Avoid discussing case details on social media which might affect legal proceedings
• Consider filing civil suit for damages along with criminal complaint for comprehensive relief

How the Police Behave in Such Cases

Police typically take such cases seriously when proper evidence is presented. They will register FIR under relevant sections and begin investigation by recording statements of complainant, accused, and witnesses. Police may arrest accused if evidence is strong and offense is serious. However, sometimes police may try to mediate between parties, which victims should resist if they want criminal prosecution. Investigation usually involves collecting CCTV footage, medical reports, and witness testimonies before filing chargesheet in court.

FAQs People Normally Have

Can consensual adult behavior be criminalized? No, consenting adults have right to personal choices within legal boundaries.

Is moral policing legal? Absolutely not. Taking law into own hands constitutes criminal offense under BNS.

Can compensation be claimed? Yes, both criminal prosecution and civil damages can be pursued simultaneously.

What if police refuse FIR? Approach Senior Police Officer or Magistrate under BNSS provisions for mandatory registration.

What Evidence Is Required?

• Medical examination report documenting physical injuries from assault
• Witness statements from people who observed the incident
• CCTV footage from nearby cameras capturing the assault
• Audio/video recordings if available during the confrontation
• Photographs of injuries taken immediately after incident
• Hospital treatment records and prescription details
• Character witness testimonies about complainant’s reputation

How Long Will the Investigation Take?

Investigation typically takes 2-3 months depending on evidence complexity and witness availability. Police must complete investigation within 90 days under BNSS provisions, though extensions may be granted in exceptional circumstances. Court proceedings can extend from 6 months to 2 years depending on case complexity, evidence presentation, and court schedule. Victims should regularly follow up with investigating officer for timely completion of investigation and chargesheet filing.

Advocate Sudhir Rao, Supreme Court of India