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

Late one night in the city of Aravalli, Mr. Rohan Sharma was stopped by police officers right outside his residence. During a routine check, the officers asked him to empty his pockets, revealing a set of brass knuckles and a small pocket knife with a two-inch blade. Rohan explained that he carried these items solely for self-defense, as his work often required him to travel at odd hours through potentially unsafe areas.

The police officers took photographs of his national identity card, noted his phone number, and took his picture. While they returned the small pocket knife, they informed him that the brass knuckles would be confiscated and kept at the police station. They also instructed him to visit the station to have his fingerprints scanned to check for any prior criminal record, to which Rohan agreed.

Concerned, Rohan called a knowledgeable friend who had previously served in the police force. After speaking with the officers, his friend advised him that the police might be trying to complicate the matter and could summon him to the station to create unnecessary trouble. While some of his other acquaintances believed the police wouldn’t follow up, Rohan was left worried about the potential legal mess, lacking the financial resources and time for a protracted legal battle.

Advice in such cases

• Remain calm and be cooperative with the police. Avoid getting into an argument.
• Clearly state your reason for carrying the item, such as for self-defense, but do not be confrontational.
• You are not obligated to give your fingerprints at the scene unless you are formally arrested. Politely inquire about the legal provision under which they are asking for them.
• Note down the names and badge numbers of the police officers involved, and the police station they belong to.
• Do not sign any blank papers or documents you do not understand.
• 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 resolve in 7-10 days.

Applicable Sections of Law

The primary law governing such situations is the Arms Act, 1959. While a small knife might be permissible, brass knuckles are often classified as a prohibited “arm” under the Act.

• Section 25 of the Arms Act, 1959: This section penalizes the possession of arms or ammunition in contravention of the Act. Possession of prohibited arms like brass knuckles without a license can lead to imprisonment and a fine. The police can file a First Information Report (FIR) under this section.
• The police action of checking for a criminal record is a standard procedure, often conducted under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for the collection of measurements and photographs of convicts and other persons for the purposes of identification and investigation in criminal matters.

If you are the complainant

If you see someone carrying such dangerous items and feel threatened, you can be a complainant. You should immediately report the matter to the nearest police station. Provide a detailed description of the person, the weapon you saw, and the circumstances. Your statement will be recorded, and the police will be obligated to investigate the matter. Your identity can be kept confidential if you have safety concerns.

If you are the victim

If you have been attacked or threatened by a person using brass knuckles, a knife, or any other weapon, your safety is the first priority. Move away from the situation and call the police immediately. If you are injured, seek medical attention first, as the medical report will be crucial evidence. Go to the police station and file an FIR detailing the entire incident. Provide the best possible description of the attacker and the weapon used. Cooperate fully with the police investigation that follows.

How the police behave in such cases

Police conduct can vary. In many cases, if they find a person with no criminal history carrying such an item and the self-defense claim seems plausible, they may issue a stern warning and confiscate the illegal item without filing a formal case. However, they are also within their rights to initiate formal legal proceedings. They will seize the weapon as evidence, record statements, and may file an FIR under the Arms Act. The request to come to the station for fingerprinting is a way to create a record and check for past offenses. Sometimes, this can be used as a pressure tactic.

FAQs people normally have

What evidence is required?

For the police to build a case against you, the primary evidence would be the confiscated weapon (the brass knuckles). Their case would be supported by the testimony of the police officers who conducted the search and seizure, your statement, and any independent witness statements, if available. For your defense, evidence of a clean past, proof of your employment and routine that justifies your self-defense concerns (like late-night travel), and character witnesses can be helpful.

How long will the investigation take?

The timeline depends on the course of action the police take. If they decide only to issue a warning, the matter concludes then and there. If an FIR is registered, the police will conduct an investigation which can take a few weeks to a few months. They will then file a final report (chargesheet) in court. The subsequent court proceedings can be a lengthy process, often taking several months or even years to conclude.

Advocate Sudhir Rao, Supreme Court of India