The story

Mr. Sameer, who had recently moved to the city of Alipur, was driving his car with his wife one evening when a scooter suddenly scraped against his passenger-side door. The rider, Mr. Rakesh, lost his balance and fell. Mr. Sameer immediately stopped and went to assist him.

Upon inspection, Mr. Rakesh had no visible injuries or bleeding, but he complained that his hand was not functioning correctly. Concerned, Mr. Sameer offered to call both an ambulance and the police to ensure he received proper medical and legal attention. However, Mr. Rakesh explicitly refused these offers. Instead, he made a few calls on his personal phone to his acquaintances.

Shortly after, a small crowd gathered and began conversing in a local dialect that Mr. Sameer did not understand. Feeling intimidated and concerned for his wife’s safety, he felt the pressure mounting. The crowd insisted that he “settle” the matter on the spot. To de-escalate the tense situation, Mr. Sameer gave Mr. Rakesh ₹7,000. The crowd also coerced him into sharing his mobile number, which he did reluctantly, hoping to end the ordeal.

However, the issue was far from over. Later that day, Mr. Sameer received a call from someone claiming to be Mr. Rakesh’s relative, demanding more money and threatening to file a police complaint if he refused. A day later, Mr. Sameer received a call from a local police station, summoning him to “do a settlement.” This situation highlights a common scenario where a well-intentioned person is trapped and extorted after a minor accident.

Advice in such cases

• Never admit fault at the scene of an accident. Stick to the facts of what happened.
• Immediately call the police emergency number (112). An official record of the incident is crucial, no matter how minor it seems.
• Never agree to a roadside cash settlement, especially under pressure from a crowd. This can be used against you later as an admission of guilt.
• If you feel threatened or unsafe, lock yourself in your car and wait for the police to arrive.
• Use your phone to take pictures and videos of the scene, the position of the vehicles, any damage, and the surrounding area. If possible, get contact details of any neutral witnesses.
• 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

Under the new Indian laws, several provisions may be relevant in such a scenario:

• Section 106 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Pertains to causing death by negligence. While not death, the principle of rash and negligent driving is established here.
• Section 107 of the BNS: Deals with causing hurt by an act that endangers life or the personal safety of others. This could be invoked by the injured party.
• Section 326 of the BNS: Defines and punishes extortion. If you were forced to pay money under threat, this section is applicable against the person who coerced you.
• Section 351 of the BNS: Pertains to criminal intimidation. The subsequent threats over the phone to file a police case unless more money is paid fall under this section.
• Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Governs the procedure for lodging a First Information Report (FIR) in cognizable cases.

If you are the complainant

If you are in Mr. Sameer’s position (the car driver), you are not just the accused but also a victim of extortion and intimidation. Here is what you should do:

• Do not go to the police station alone. It is imperative to have legal representation.
• Prepare a detailed written account of the entire incident, from the accident to the demands for money and the threats. Mention clearly that you offered medical and police help, which was refused.
• Explain that the on-the-spot payment was made under duress and coercion from the crowd and was not an admission of guilt.
• You have the right to file a counter-complaint against the scooter rider and his associates for extortion (Section 326 BNS) and criminal intimidation (Section 351 BNS).
• 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 the injured party (the scooter rider) in a road accident, follow the correct legal procedure to claim compensation:

• Your first priority should be your health. Seek immediate medical attention and ensure a Medico-Legal Certificate (MLC) is prepared at the hospital. This is crucial evidence of your injuries.
• Report the accident to the police and file an FIR under the relevant sections for rash driving and causing hurt.
• Do not engage in roadside negotiations or use crowds to pressure the other party. Such actions can weaken your case and may even lead to criminal charges of extortion against you.
• Preserve all medical records, bills, and receipts as they will be required for your insurance or Motor Accident Claims Tribunal (MACT) claim.
• 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

In minor road accident cases, it is common for the police to encourage both parties to reach a “settlement” or “compromise.” This is often done to reduce their workload and avoid the lengthy process of investigation and trial. While their intention might be to resolve the matter quickly, you must remember that they cannot force you to settle. If you believe you are not at fault or are being extorted, you have the right to insist on a formal investigation based on the facts and evidence. Politely but firmly state that you wish for the matter to be investigated as per the law.

FAQs people normally have

Can the police force me to pay money and settle the case?
No. The role of the police is to investigate the crime, not to mediate a financial settlement. They cannot compel you to pay money. Any settlement should be voluntary. Forcing a settlement is beyond their legal powers.

Is the money I paid at the scene considered an admission of guilt?
Not necessarily. If you can prove that the payment was made under duress, threat, or coercion, it can be argued that it was not a voluntary admission of guilt. However, it does complicate your position, which is why it is best to avoid such payments altogether.

What if the other person files a false case of serious injury against me?
The police will rely on the Medico-Legal Certificate (MLC) from a government hospital to ascertain the nature of the injuries. False claims can be challenged with evidence, such as photos or videos from the scene showing the person was uninjured, and by challenging the medical reports.

What evidence is required?

Evidence is key in such cases. The following can be crucial:

• Photographs or videos of the accident scene, vehicle damage, and injuries.
• Dashcam footage, if available, is considered strong evidence.
• Contact information of any independent witnesses.
• Call records and messages showing subsequent threats or demands for money.
• A copy of the police report or FIR.
• Medical reports (MLC) for any injuries sustained.

How long will the investigation take?

The duration of a police investigation can vary significantly. For minor accidents, if a settlement is not reached, the police are required to file a chargesheet in court, which can take a few weeks to a few months. If the case proceeds to trial, the entire judicial process can take much longer, often spanning several months or even years, depending on the complexity of the case and the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India