Mr. Sameer, a final-year engineering student at a prestigious technical institute in Jodhpur, found himself in a distressing situation. One afternoon in August, while he and his friends were waiting in the corridor for their next lecture, a loud bang came from a nearby classroom where a class for first-year students was in session. A junior student had apparently kicked the door and fled.

Dr. Alok Sharma, a recently hired professor conducting the class, rushed out but couldn’t identify the actual culprit. Spotting Sameer and his friends, Dr. Sharma immediately accused them of the act. He began to berate them loudly in the corridor, threatening to report them to the university registrar for misconduct. The situation escalated when Dr. Sharma produced a pre-printed debarment certificate, attempting to coerce the students into signing a written apology. He warned that if they refused, he would ensure they were officially debarred from the university.

Sameer and his friends maintained their innocence and refused to apologize for something they did not do. Seeing his threats were ineffective, Dr. Sharma gathered other faculty members to pressure the students. After nearly an hour of intense argument and intimidation, a senior professor, Dr. Mehra, intervened. He assessed the situation, seemed to understand that Sameer’s group was not at fault, and advised them to simply write an apology letter to resolve the matter and leave. However, Sameer stood his ground until the end, refusing to admit to a transgression he did not commit. The matter was eventually dropped, but it left him worried about potential repercussions in his final year.

Advice in such cases

• Document everything immediately. Note the date, time, location, and a detailed account of what was said and done by the professor. List all the witnesses present.
• Stay calm and respectful, even when being falsely accused. Escalating the situation with anger or aggression can work against you.
• Familiarize yourself with your university’s code of conduct and grievance redressal mechanism. These documents outline the proper procedures for disciplinary actions.
• Do not sign any document or write an apology letter under duress, as it can be interpreted as an admission of guilt.
• 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 such matters are often handled internally by the university, the professor’s actions could potentially fall under certain provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 341 of the BNS (Criminal Intimidation): This section applies when a person threatens another with injury to their person, reputation, or property. Threatening to debar a student, which would cause significant injury to their career and reputation, can be construed as criminal intimidation.
• Section 356 of the BNS (Defamation): If a professor publicly and falsely accuses a student of misconduct in front of others, it could amount to defamation, as it harms the student’s reputation.

If you are the complainant

• File a formal, written complaint with the Head of the Department (HOD), Dean of Student Affairs, or the university’s dedicated Student Grievance Redressal Cell.
• Clearly state the facts of the incident, name the professor involved, and mention any witnesses.
• Request the university to initiate a formal inquiry as per its established rules and regulations.
• If the university fails to act, you can escalate the matter to higher authorities like the University Grants Commission (UGC) or other relevant educational regulatory bodies.
• 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

• Do not succumb to pressure or threats. You have the right to a fair hearing.
• Politely insist that you are innocent and request that the proper disciplinary procedure be followed.
• Gather support from your peers who witnessed the event. Their collective testimony can strengthen your case.
• Seek guidance from a student union or a trusted senior faculty member who can help you navigate the university’s administrative system.
• 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

The police are generally hesitant to intervene in matters internal to an educational institution unless a clear cognizable offense is reported. They will likely advise the student to first exhaust all internal remedies available within the university’s grievance system. However, if a formal complaint detailing acts of criminal intimidation, wrongful confinement, or severe harassment is filed, the police are obligated to register an FIR under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and conduct an investigation. They will proceed cautiously, often seeking to understand the full context from the university administration before taking further steps.

FAQs people normally have

Can a professor debar a student on their own authority?
No. Debarment is a serious disciplinary action that can only be imposed by a designated disciplinary committee or authority of the university after a formal inquiry, where the student is given a fair chance to present their case.

Will refusing to apologize affect my academic grades?
It should not. Academic evaluation and disciplinary matters are supposed to be separate. Any attempt by a professor to penalize a student academically for a disciplinary issue would be considered professional misconduct and retaliation, which is a serious offense in itself.

Is writing an apology an admission of guilt?
Yes, in most contexts, a written apology can be legally viewed as an admission of wrongdoing. It is advisable not to apologize for an act you did not commit, especially under duress.

What evidence is required?

• A detailed written account of the incident.
• Statements from witnesses (other students or staff who were present).
• CCTV footage from the location, if available. The university can be formally requested to preserve and provide this.
• A copy of the university’s handbook on student conduct and disciplinary procedures.
• Any electronic communication (emails, messages) related to the incident.

How long will the investigation take?

An internal university inquiry typically takes anywhere from a few weeks to a couple of months, depending on the complexity of the case and the efficiency of the university’s committee. If a police investigation is initiated, the timeline will be governed by the procedures laid out in the BNSS, which can be a more prolonged process involving evidence collection, witness statements, and legal formalities.

Advocate Sudhir Rao, Supreme Court of India