Mr. Ajay and his roommate Mr. Verma, two students who had moved to the city of Alwar for their higher education, faced a distressing incident. One evening, they went to a popular local eatery for dinner. The place was crowded, but they found an empty table for four and sat down. Shortly after, the owner requested them to share a table with a single person to accommodate more customers, a common practice at the establishment. They obliged and moved to the other table.

The young man already at the table, let’s call him Mr. Kumar, mentioned that two of his friends were on their way. Mr. Verma politely suggested he speak with the eatery owner about the seating. Following this brief exchange, Mr. Kumar moved to another table. Soon, his two friends arrived, and everything seemed normal. Ajay and Verma finished their meal, paid their bill, and were about to leave on their scooter.

As they were starting their vehicle, one of Mr. Kumar’s friends, a local resident named Mr. Singh, stopped them, stating he wanted to talk. Despite Ajay’s apprehension, Mr. Verma stopped the scooter. The moment they pulled over, Mr. Singh began slapping Mr. Verma repeatedly. When Ajay intervened, asking what was wrong, Mr. Singh turned and slapped him as well. The assault only stopped when Mr. Kumar stepped in. Mr. Singh then menacingly told them, “You are outsiders, stay like it,” revealing the xenophobic motive behind the attack. Shaken and scared, the two students left the scene, worried about their safety as they had to continue living and studying in the city.

Advice in such cases

Facing such an unprovoked attack can be terrifying, especially when you are in a new city. It is crucial to act calmly and strategically to ensure your safety and seek justice.

• Prioritize your safety. Move away from the location and the aggressor to a safe place.
• Seek immediate medical attention for any injuries, no matter how minor they seem. Ask the doctor to prepare a Medico-Legal Certificate (MLC), as it is a vital piece of evidence.
• Note down all details of the incident, including the time, location, description of the assailant(s), and exactly what was said and done.
• Identify potential evidence. Look for CCTV cameras in the vicinity of the incident and note down the contact details of any potential witnesses.
• File a formal police complaint without delay. Timely reporting is crucial for the police to take swift action.
• 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

The actions described constitute several cognizable offenses under the Bharatiya Nyaya Sanhita (BNS), 2023. The relevant sections include:

• Section 115 of BNS, 2023 (Voluntarily causing hurt): This section applies to the act of slapping. It is defined as causing bodily pain, disease, or infirmity to any person. The punishment can be imprisonment for up to one year, a fine, or both.
• Section 341 of BNS, 2023 (Wrongful restraint): By physically stopping the scooter and preventing Mr. Ajay and Mr. Verma from leaving, the accused committed the offense of wrongful restraint. This is punishable with simple imprisonment for up to one month, a fine, or both.
• Section 358 of BNS, 2023 (Criminal intimidation): The statement, “You are outsiders, stay like it,” delivered in a threatening manner after an assault, can be considered criminal intimidation. This involves threatening another person with injury to their person, reputation, or property, causing them alarm. The punishment can extend to imprisonment for up to two years, a fine, or both.

If you are the complainant

As the person filing the complaint, you must take specific steps to ensure your case is handled properly.

• Draft a detailed written complaint addressed to the Station House Officer (SHO) of the police station that has jurisdiction over the area where the incident occurred.
• Clearly narrate the entire sequence of events chronologically, mentioning the date, time, and exact location. Include the names and descriptions of the accused if known.
• State the specific acts of violence and the threats made. Attach a copy of the Medico-Legal Certificate (MLC) if you have it.
• Submit the complaint and insist on the registration of a First Information Report (FIR). The police are obligated to register an FIR for cognizable offenses.
• If the police refuse to register an FIR, you can approach a senior police officer, like the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP), under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. You can also file a private complaint directly before the jurisdictional Magistrate.
• 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

Your well-being and the strength of your case depend on the immediate actions you take after the incident.

• Your first priority is your health. Get a medical examination immediately to document your injuries. The MLC is crucial evidence that corroborates your testimony.
• Do not engage in any further communication or confrontation with the assailant. Avoid any attempts at “settlement” outside the legal process, as this can weaken your case.
• Preserve any physical evidence, such as torn clothing or photographs of your injuries.
• Report the incident to the police as soon as possible. Delay in reporting can be used by the defense to question the credibility of your complaint.
• 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

Police response can vary. In some instances, especially when a “local” versus “outsider” dynamic is involved, the police might initially be dismissive or attempt to broker a compromise to avoid registering a formal case. They might try to downplay the incident as a minor scuffle. However, you have the right to insist on the registration of an FIR as the acts described are cognizable offenses. Having a lawyer accompany you to the police station or having them draft the complaint can ensure that the police take the matter seriously and follow the due process of law.

FAQs people normally have

What evidence is required?

To build a strong case, the following evidence is crucial:

• Your Testimony: A clear and consistent account of the incident.
• Medico-Legal Certificate (MLC): Medical proof of the injuries sustained.
• Eyewitnesses: Testimony from other people present at the scene, such as the eatery staff or other customers.
• CCTV Footage: Video evidence from the eatery or any nearby cameras that may have captured the assault.
• Photographs: Pictures of your injuries taken soon after the incident.

How long will the investigation take?

The timeline for a police investigation is not fixed and can vary depending on the complexity of the case, the availability of evidence and witnesses, and the workload of the investigating agency. Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, there are guidelines for timely completion of investigations. However, practical delays can occur. A lawyer can help in filing applications to expedite the investigation and regularly follow up with the police to ensure progress is being made.

Advocate Sudhir Rao, Supreme Court of India