Ms. Anjali, a resident of the city of Chandpur, was returning from her office at “Innovatech Solutions” on the evening of June 15th when she witnessed a violent street robbery on MG Road. The perpetrators brutally assaulted a man, Mr. Sameer, before snatching his belongings. Deeply shaken, Anjali rushed to the nearest police station, the Rampur Thana, to report the crime and help the victim.

However, her traumatic experience was only beginning. The officers on duty, instead of showing empathy, were dismissive of her distressed state. They pressured her for an immediate, detailed statement, ignoring her visible signs of shock and panic. One officer remarked, “You just saw it, just tell us what happened. Why are you being so dramatic?” This lack of sensitivity compounded her trauma, making her feel invalidated and unsupported by the very system designed to protect citizens.

The ordeal continued during the legal proceedings. The public prosecutor and even the court seemed impatient with her testimony. Her trauma-induced memory gaps and emotional responses were misinterpreted as non-cooperation. The experience highlighted a significant gap in the legal system: a profound lack of training and awareness regarding how to interact with individuals suffering from mental and emotional trauma.

Advice in such cases

Navigating the legal system after a traumatic event can be incredibly challenging. It is crucial to prioritize your well-being while fulfilling your civic duties.

• Prioritize Your Mental Health: Seek immediate support from a mental health professional. A therapist can provide you with coping mechanisms and document the psychological impact of the event, which can be relevant later.
• Document Everything: Keep a record of all your interactions with the police and other officials. Note down dates, times, names of officers, and any insensitive remarks or behaviors. This documentation can be crucial if you need to file a complaint later.
• Seek Support: Do not go through this alone. Lean on trusted friends, family, or support groups. Having someone accompany you to the police station or court can be very helpful.
• Understand Your Rights: You have the right to be treated with dignity and respect. You can request the presence of a support person or a lawyer during questioning.
• Consult with Lawyer: 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

While the primary case would involve sections of the Bharatiya Nyaya Sanhita (BNS) related to robbery and assault, the issue of mishandling a traumatized witness falls into a procedural and rights-based domain. The focus shifts to the implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and constitutional rights.

• The Mental Healthcare Act, 2017: This Act emphasizes the right to dignity for persons with mental illness, which can be extended to individuals suffering from severe mental trauma. The principles of the Act advocate for a sensitive approach.
• Victim and Witness Protection Schemes: Various Supreme Court guidelines and state-level schemes exist to protect witnesses. A lawyer can help ensure these protections are afforded to you, including the right to a comfortable and non-intimidating environment for giving testimony.
• Procedural Lapses under BNSS: The insensitive handling of a witness can be argued as a procedural lapse. The BNSS outlines the process for recording statements, and while it may not explicitly detail trauma-informed practices, a failure to create a conducive environment for a truthful statement can be challenged.

If you are the complainant

If you are the person who was directly assaulted and robbed, like Mr. Sameer, your role is central to the case.

• Medical Examination: Ensure you get a thorough medical examination immediately after the incident to document all your injuries. This is a critical piece of evidence.
• Preserve Evidence: Do not tamper with any evidence, such as torn clothes or other belongings. Hand them over to the police as they are.
• Detailed Statement: Provide a clear, chronological account of the incident to the police. Mention every detail you can remember about the attackers, the weapon used, and the items stolen.
• Follow Up: Stay in regular contact with the investigating officer to know the status of your case. Your persistence can make a significant difference.
• Support Your Witnesses: Acknowledge the trauma your witnesses, like Anjali, may have endured. Your support can be crucial in ensuring they remain willing to testify.
• Consult with Lawyer: 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.

If you are the victim

If you are a witness who has been traumatized, like Anjali, your well-being is paramount.

• Seek Professional Help: Your first priority should be your mental health. Contact a psychologist or psychiatrist to help you process the trauma.
• Request a Safe Environment: You can request the police to record your statement in a more comfortable setting, perhaps at your home or with a female officer present.
• Do Not Rush Your Statement: It is okay to tell the authorities that you need some time to compose yourself before giving a detailed statement. Trauma can affect memory, and rushing can lead to inaccuracies.
• Legal Representation: Even as a witness, you can have a lawyer guide you through the process. Your lawyer can communicate with the police and court on your behalf to ensure your rights are respected.
• Consult with Lawyer: 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.

How the police behave in such cases

Unfortunately, the behavior of the police at the Rampur Thana is not uncommon. Many police departments lack specialized training in mental health and trauma-informed care. Their behavior often includes:

• Dismissiveness: They may view emotional responses as an overreaction or a hindrance to their investigation.
• Impatience: Police are often focused on quickly gathering facts to close a case, which can lead them to pressure witnesses for information without considering their emotional state.
• Lack of Empathy: They may not have the skills to recognize or respond to signs of trauma, leading to insensitive comments and actions.
• Procedural Rigidity: They stick strictly to procedure, failing to adapt their approach to the needs of a traumatized individual. This highlights a systemic need for comprehensive mental health training for law enforcement.

FAQs people normally have

Here are some common questions that arise in such situations:

What evidence is required?

For the primary crime (robbery and assault), the key evidence includes the victim’s testimony, witness statements, medical reports of the victim, CCTV footage from the area, and any recovered stolen items. For addressing the issue of insensitivity, your own documented notes of the interactions, complaints filed with senior officers, and medical records from a therapist detailing the psychological impact are crucial pieces of evidence.

How long will the investigation take?

The investigation into the robbery can take several months, depending on the complexity and the leads available to the police. The process involves identifying and arresting suspects, collecting evidence, and filing a chargesheet. A separate complaint regarding police misconduct may have a different, often shorter, timeline for departmental inquiry. The entire court process, from chargesheet to final verdict, can unfortunately take several years in the Indian legal system.

Advocate Sudhir Rao, Supreme Court of India