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

Imagine you are driving through the busy streets of a city like Ramanagar. A driver in a large SUV aggressively tries to cut you off. You stand your ground and accelerate, preventing them from jumping the queue. This act angers the other driver, who then overtakes and blocks your vehicle. You both pull over, and what starts as a verbal argument quickly escalates. The other driver becomes increasingly hostile, and you anticipate a physical confrontation. As you feared, he slaps you hard across the face.

In the heat of the moment, you retaliate. You slap him back, push him, and trip him, causing him to fall. You then pin him to the ground for several seconds before bystanders intervene and separate you both. Now, in the aftermath, you are concerned about the legal consequences. Could the other person file a police case against you for assault? Was your reaction a legitimate act of self-defense, or did you cross a legal line?

Advice in such cases

• Remain as calm as possible and try to de-escalate the situation. Avoid engaging in heated arguments.
• If possible, do not exit your vehicle. Lock your doors and, if necessary, call the police helpline.
• Note down the other vehicle’s registration number and a description of the driver.
• Look around for any CCTV cameras or potential witnesses who might have seen the incident unfold.
• 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 penal laws, several sections of the Bharatiya Nyaya Sanhita (BNS), 2023, could be relevant in a road rage scenario involving a physical fight:

• Section 115 of BNS (Causing Hurt): This section deals with voluntarily causing bodily pain, disease, or infirmity to any person. A slap would fall under this category, and it is a punishable offense.
• Section 112 of BNS (Assault or criminal force): This section applies when a person uses force with the intent to cause injury, fear, or annoyance. Blocking a car and initiating a physical confrontation can be considered criminal force or assault.
• Section 142 of BNS (Wrongful Restraint): Voluntarily obstructing any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed is wrongful restraint. Blocking your car on the road falls under this section.
• Sections 34-44 of BNS (Right of Private Defence): This is the most crucial aspect of your defense. The law grants every person the right to defend their own body and property against an offense. However, this right is not absolute. The force used in self-defense must be proportionate to the threat faced.

If you are the complainant

This applies if you were the one who was first attacked but then retaliated and are now worried about facing a case.

• Do not wait for the other party to act. Go to the police station and file a complaint (First Information Report or FIR) detailing the entire incident.
• Clearly state that the other person was the aggressor, who wrongfully restrained your vehicle and initiated the physical assault by slapping you first.
• Be truthful about the entire event, including your retaliatory actions. Explain that your actions were in self-defense to prevent further harm.
• Provide the police with any evidence you have, such as the other vehicle’s number or details of 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.

If you are the victim

This applies if you were attacked and did not retaliate excessively, or if you wish to press charges against the aggressor.

• Your first step should be to get a medical examination from a government hospital. A Medico-Legal Certificate (MLC) will serve as crucial evidence of your injuries.
• Immediately proceed to the nearest police station to file an FIR against the person who assaulted you.
• Provide a clear, chronological account of the incident, from the aggressive driving to the final assault.
• Submit the MLC and any other evidence you may have, such as photos of your injuries or the contact details of 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.

How the police behave in such cases

In matters of road rage and minor scuffles, the police often try to mediate and encourage both parties to reach a compromise to avoid formal legal proceedings. If injuries are simple (like a slap mark or minor scratches), they might only register a Non-Cognizable Report (NCR), which doesn’t empower them to investigate without a court’s permission. However, if one party insists or if the injuries are more serious, they will register an FIR. If both parties file complaints against each other, it results in a “cross-case,” where both individuals are treated as accused in the respective complaints. The investigation will then proceed based on evidence and witness testimonies.

FAQs people normally have

Is it legally acceptable to hit back if someone hits me first?

You have the Right of Private Defence under Sections 34-44 of the BNS. This allows you to use necessary force to protect yourself. However, the force must be proportionate. If someone slaps you, slapping them back once might be considered proportionate. But pushing them to the ground, pinning them down, and hitting them again could be viewed by a court as excessive force that goes beyond the scope of self-defense. If the force is deemed excessive, you could be held liable for assault.

Could I be arrested for such an incident?

Offenses like causing simple hurt (Section 115 BNS) are bailable. While an arrest is legally possible, the police are unlikely to arrest someone for a minor scuffle unless there are grievous injuries, a significant public nuisance, or a refusal to cooperate. In most cases, you would be asked to cooperate with the investigation and can secure bail if arrested.

What evidence is required?

• CCTV or Dashcam Footage: This is the strongest form of evidence to establish the sequence of events and identify the aggressor.
• Eyewitness Testimony: Statements from bystanders who saw the incident can corroborate your version of events.
• Medical Evidence: A Medico-Legal Certificate (MLC) documenting any injuries sustained is vital.
• Photographs/Videos: Any media captured on your phone of the incident, the other vehicle, or your injuries can be useful.
• Police Complaint: A copy of the FIR or NCR is the foundational document for any legal action.

How long will the investigation take?

Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, efforts have been made to set timelines for police investigations. For a minor case like this, the investigation could take anywhere from a few weeks to a few months. The duration depends on factors like the collection of evidence (e.g., waiting for CCTV footage), the availability of witnesses for their statements, and the overall caseload of the investigating police station. Once the investigation is complete, the police will file a final report (chargesheet) before the court.

Advocate Sudhir Rao, Supreme Court of India