If you are stuck in such a situation, here is what to do.

My partner, Sameer, and I decided to go for a late-night drive around 2:30 AM in the city of Ratnapur. As was our routine, before he dropped me home, we parked in a quiet lane near my apartment building. He was having a smoke in the car while I gathered my things to leave. Just a few moments later, a police patrol vehicle pulled up beside us. Two officers got out and immediately asked Sameer for his driving license. He complied, showing them a digital copy on his phone. The officer took the phone from him.

The officer then turned his attention to me, asking who I was, what our purpose was for being there, and commented that it was inappropriate for me to be out so late. Simultaneously, the other officer told Sameer to exit the vehicle and demanded his father’s contact number. When Sameer questioned the reason, the officer vaguely stated he needed to speak with his father. Sameer, being an adult, asserted that it was an unreasonable hour for such a call and declined to provide the number.

At this point, I also got out of the car and asked the officer why he needed to speak with Sameer’s father and why he had confiscated his phone without any valid reason. I stated that their line of questioning was unnecessary, but the officer was adamant. Feeling the situation was escalating unfairly, I began recording the interaction on my phone. In response, the officer immediately called for backup, specifically requesting a female constable.

A group of young men from a nearby building, who had been watching the scene unfold from their balcony, came down to help. Since we were not fluent in Marathi, they assisted by translating the conversation between us and the police. Soon after, more police arrived—two on a motorcycle and three more in a car, including the female constable.

I approached the female constable, clearly distressed, and tried to explain our side of the story. To my shock, the officer who had initially stopped us lied to her, claiming he had not even spoken to me. Another officer began shouting loudly, creating a scene and attracting a small crowd of onlookers. Sameer and I remained calm, explaining that we had done nothing wrong and were willing to accompany them to the police station to resolve the matter. Instead of de-escalating, the officers threatened to book Sameer for “creating a public nuisance.” We maintained our innocence.

The officer then told us to delete the videos we had recorded, suggesting he would try to avoid filing a case, but claimed his hands would be tied if a senior officer, like the DCP, insisted. The threats continued, with them warning that if we went to the station, they would file a formal FIR. After a prolonged and tense exchange, despite our complete lack of any unlawful activity, they charged Sameer with a petty case. The entire incident felt like a gross misuse of authority and a manipulative tactic to justify their actions.

Advice in such cases

• Stay as calm as possible. Panicking or getting aggressive can escalate the situation and may be used against you.
• Be polite but firm. You are not required to answer personal or irrelevant questions, such as details about your parents if you are an adult.
• Avoid physically resisting or obstructing the police, but clearly state your objections to any unlawful demands.
• If you feel safe to do so, document the interaction by recording a video. Announce that you are recording. This can act as a deterrent against misconduct.
• Try to remember the officers’ names, badge numbers, and the registration number of their vehicle.
• 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 of 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.

Applicable Sections of Law

In situations like this, several provisions of Indian law, particularly under the new criminal codes, are relevant:

• Section 290 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines “public nuisance.” For an act to be a public nuisance, it must cause common injury, danger, or annoyance to the public. Merely sitting in a parked car does not meet this threshold.
• Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section outlines the procedure for a police officer to issue a notice of appearance. For offenses where arrest is not immediately required, the police should issue a notice to the person to appear before them, rather than resorting to threats or intimidation.
• Wrongful Restraint and Confinement: If the police prevent you from leaving without a valid reason or unlawfully seize your property (like a phone), it could amount to wrongful restraint under Section 361 of the BNS.
• Misconduct by a Public Servant: Actions like intimidation, filing false cases, or demanding the deletion of evidence constitute serious misconduct. Complaints can be filed against such officers under relevant service rules and legal provisions.

If you are the complainant

If you find yourself in a situation where a petty case has been unfairly filed against you:

• Do not admit guilt or pay the fine immediately, as this closes the case with a conviction.
• Preserve all evidence you have, including video recordings, photos, and contact details of any witnesses. Do not delete anything, even if pressured by the police.
• Write down a detailed timeline of the entire incident while it is still fresh in your memory.
• 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 of 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.
• Your lawyer will advise you on the best course of action, which is typically to contest the charge in the Magistrate’s court.

If you are the victim

If you believe you are a victim of police harassment and misuse of power:

• 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 of 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.
• You can file a formal written complaint against the concerned police officers. This complaint should be submitted to a senior police official, such as the Superintendent of Police (SP) for the district or the Commissioner of Police for the city.
• Another avenue is to approach the Police Complaints Authority (PCA) established in your state, which is an independent body designed to look into complaints against police misconduct.
• Your complaint should be detailed, factual, and supported by any evidence you have, such as video recordings or witness statements.
• A lawyer can help you draft a strong complaint and guide you through the process of pursuing it.

How the police behave in such cases

Unfortunately, the behavior described in the story is a known pattern of misconduct. Police may sometimes engage in moral policing, especially with couples or young people out late at night. They might use intimidation and threats as a show of authority. Demanding to speak with parents is a common tactic to pressure and embarrass young adults into submission. The threat of filing a false case (whether petty or serious) is used to coerce individuals into complying with unlawful demands, such as deleting evidence or even paying a bribe. This is a clear abuse of the uniform and their legal powers.

FAQs people normally have

• Can the police stop and question anyone at any time?
  Yes, police have the power to stop and question individuals if they have a reasonable suspicion of wrongdoing. However, this questioning should not turn into harassment, intimidation, or moral policing.
• Am I legally required to provide my parents’ phone number to the police?
  No. If you are a legal adult, you are not obligated to provide your parents’ contact information. This is often a pressure tactic.
• Is it legal to record the police in India?
  Yes, it is generally legal to film or record a police officer in a public place while they are on duty. The Supreme Court has upheld citizens’ right to do so. However, you must not obstruct them from performing their duties while recording.
• What exactly is a “petty case”?
  A petty case refers to a minor offense (like public nuisance under Section 290 BNS) that is tried by a Magistrate. These cases are often disposed of quickly, usually with a small fine. However, accepting it means you have a conviction on your record.
• Can a petty case conviction affect my future?
  While it is a minor offense, a conviction of any kind can potentially show up in detailed background checks for certain jobs, visa applications, or government services. It is always advisable to contest a false case to get an acquittal.

What evidence is required?

To challenge a false petty case and to file a complaint against police misconduct, the following evidence is crucial:

• Any video or audio recording of the incident.
• The challan or notice of the petty case issued by the police.
• The names and contact details of any independent witnesses (like the neighbors in the story).
• A detailed written account of the incident, created as soon as possible.
• Any digital evidence, such as call logs or location history, that can corroborate your version of events.

How long will the investigation take?

The timeline varies depending on what you are pursuing:

• Contesting the Petty Case: If you contest the case in court, it may take a few hearings over several weeks or months to be resolved. If you simply pay the fine, it is over in one day.
• Complaint Against the Police: An internal departmental inquiry or an investigation by the Police Complaints Authority is a much longer process. It can take anywhere from a few months to over a year to see a resolution, depending on the complexity of the case and the efficiency of the authority handling it.

Advocate Sudhir Rao, Supreme Court of India