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.

Mr.X, a resident of City A, approached me regarding a distressing situation involving police corruption and assault. A local repeat offender, Mr.Y, with multiple criminal cases had been harassing Mr.X’s family for months. Despite having CCTV evidence of property damage and filing multiple complaints, the local police station in Area Z ignored their reports. The situation escalated when Mr.X’s family confronted Mr.Y, leading to a physical altercation where Mr.X’s elderly mother was injured while trying to intervene. Instead of registering an FIR against the perpetrator, the corrupt police officials demanded Rs. 1 lakh as bribe to take action. This case highlights the dual criminality – assault by the offender and corruption by the police – requiring immediate legal intervention through proper channels.

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 all interactions with police officials, including bribery demands with audio/video evidence if possible
• Approach higher authorities like SP or Commissioner’s office when local police are corrupt
• File complaints with Anti-Corruption Bureau simultaneously for police misconduct
• Seek medical treatment immediately for assault injuries and preserve all medical records

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), multiple sections apply to such cases. Section 115 covers voluntarily causing hurt, while Section 117 addresses grievous hurt if serious injuries occurred. Police corruption falls under Section 384 (extortion) and relevant provisions of the Prevention of Corruption Act. Section 223 of BNS covers disobedience to public servant orders. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 mandates police to register FIR for cognizable offenses. Victims can approach Magistrate under Section 223 BNSS for compelling police action when they refuse to register complaints. These provisions ensure dual accountability for both the original assault and subsequent police misconduct.

If You Are the Complainant

• File written complaint with Senior Police Inspector detailing both assault and bribery demand
• Approach Superintendent of Police office with documented evidence of local police inaction
• Lodge complaint with Anti-Corruption Bureau against corrupt police officials with evidence
• File application before Magistrate under Section 223 BNSS for directing police to register FIR
• Maintain detailed records of all interactions, medical reports, and witness statements

If You Are the Victim

• Seek immediate medical attention and preserve all medical records and photographs of injuries
• Record detailed statement of assault incident with exact time, location, and witness details
• Gather all available CCTV footage, photographs, and documentary evidence of harassment
• Approach victim compensation schemes available through District Magistrate office
• Consider filing separate civil suit for damages and compensation for medical expenses and harassment

How the Police Behave in Such Cases

Unfortunately, police often exhibit reluctance in registering cases against repeat offenders due to workload concerns or possible nexus. They may initially try to mediate or suggest compromise. When corruption is involved, they delay investigations and demand bribes for basic duties. However, senior officers typically respond more professionally when approached directly. Recording all interactions and maintaining written communication helps establish accountability. Police behavior improves significantly when cases gain media attention or higher authority supervision.

FAQs People Normally Have

• Can police refuse to register FIR for assault? No, assault is cognizable offense and police cannot refuse registration
• What if police demand money for investigation? This constitutes corruption; file complaint with Anti-Corruption Bureau immediately
• How to prove police demanded bribe? Record conversations, maintain witnesses, and document all communications in writing
• Can we approach court directly? Yes, under Section 223 BNSS, Magistrate can direct police to register FIR and investigate

What Evidence Is Required?

• Medical reports and photographs documenting assault injuries and treatment records
• CCTV footage showing property damage and harassment incidents by the accused
• Written complaints previously filed with police and their responses or lack thereof
• Audio/video recordings of police demanding bribes or refusing to register case
• Witness statements from family members and neighbors who observed incidents
• Documentary proof of accused’s criminal history and pending cases
• Communication records including messages, calls, and written correspondence with authorities

How Long Will the Investigation Take?

Investigation timeline varies significantly based on evidence availability and police cooperation. Simple assault cases typically conclude within 3-6 months when properly investigated. However, police corruption cases may take 6-12 months due to departmental inquiries. Court intervention under Section 223 BNSS can expedite the process. Anti-Corruption Bureau investigations run parallel and may take 8-15 months. Higher authority intervention generally speeds up the process, with most cases showing progress within 2-3 months of proper legal intervention.

Advocate Sudhir Rao, Supreme Court of India