Protest Petition: Seeking Justice Beyond the Police Report

Up until now what we have learned through various blogs and articles is how each and every provision of The Bhartiya Nagarik Suraksha Sanhita (BNSS) works in order to get the process of securing justice streamlined and fast. But what if the complainant is not satisfied with the way the process is moving. The process might be moving very fast, but not getting the desired result or promise to secure justice to the complainant/ victim of a crime. Confused? Let’s try to understand with help of an example

Let’s say, X is a person who got attacked by Y outside his house. During the scuffle, Y slapped X on his face many times and then he proceeded to hit X’s arm. Due to the adrenaline pumping during the scuffle, X did not notice the type of injury inflicted by Y onto him, so when the police came and asked X about how did Y attack him, he told the police that Y slapped him on his face and his arm. Later on, when he was taken to the hospital by the police for Medico-Legal Case report, it is found that X has his arm fractured at the place where he was hit by Y and was not able to feel up until now because of adrenaline in his blood. But now the police officer refuses to add this in his report.

The Police officer while submitting the chargesheet in before the magistrate, prescribes Y to be charged with Section 115 BNS only (Simple Hurt), while the circumstances clearly show that 117 BNS (Grievous Hurt) is also applicable in such a situation. What would you do in such a situation where the court, based on a faulty police report is about to frame charges onto the accused? If done, the court shall have charges U/S 115 (Simple Hut) made onto the accused, which in comparison to the provision U/S 117 (Grievous Hurt) is a milder section and hence at the time of pronouncement of judgement, cannot be upgraded into Grievous hurt.

You cannot file for amendment of charges as the court is yet to make the charges. There cannot be a separate FIR for this as this is all considered as one offence. Oral submissions alone in the court made before the Bench is unreliable in such a situation as the courts are themselves susceptible to transfers, and the new transferred judge may not understand the complainant in lack of any previous order passed by his predecessor.

In such a case, it would be apt for the complainant to file a Protest petition before the Hon’ble Court, clearly stating that the reasons because of which the complainant/ victim has reasons to believe that the court should not blindly follow the reasoning stated in the Police report. This will help the court notice the errors in the conclusion drawn in the police report and will also secure a written order from the court in this respect.

Now that we have an idea of what a Protest petition is, lets learn more about it:

What Is a Protest Petition?

A Protest Petition is not explicitly mentioned anywhere in the Code of Criminal Procedure (CrPC) or The Bhartiya Nagarik Suraksha Sanhita (BNSS), yet it has evolved through judicial interpretations and has become an integral part of our criminal justice system.

Filing a Protest petition is also a reliable and convenient option for the complainant to highlight the flaws in a police report or any lacunas in any part of an investigation. The police’s final report typically concludes whether the allegations against the accused are made out or not. If the complainant disagrees with this assessment, they have the right to challenge it through the Protest Petition.

Purpose:

A Protest Petition serves as an effective and expeditious mechanism for an aggrieved party to protect their rights. It allows the complainant to raise objections to the police investigation’s findings and present their side of the story directly to the Magistrate.

Procedure:

The complainant files the Protest Petition before the concerned Magistrate.

In this representation, they express their dissatisfaction with the police report and provide reasons why they believe the case should be proceed differently as stated in the police report filed by the police.

The Magistrate then considers the contentions raised in the Protest Petition. A legal professional/ Advocate would likely be invited by the magistrate to explain the contents of the Protest petition and also to resolve or answer any doubts that the magistrate may have with regards to the circumstances of the case/ law involved/ any part of the petition / implications etc.

Loose format Structure:

Complainants often seek legal assistance to draft a well-structured and persuasive Protest Petition. However, as the same has not been expressly provided for in any part of the Sanhita, hence there is no specific format or case structure one needs to follow while drafting a Protest petition. Though it is advisable to always try to draft it as a Court application format and have the Subject include the words “Protest Petition” clearly in it. Each deficiency in the police report needs to be clearly and descriptively mentioned in the document. All reasons for coming on to conclusion for rejecting the findings/ assessment as in the police report needs to be clearly stated with future implications of such an assessment if it is not rectified by the court.

Your protest petition will stand its ground in the court regardless of the formatting you choose to pick, though it is always advisable to go with the formatting guidelines as prescribed in your State’s High Court.

Legal Implications:

The Magistrate has the authority to accept or reject the Protest Petition. If accepted, the Magistrate may direct further investigation, order additional evidence, or take any other necessary steps. Rejection of the Protest Petition does not necessarily mean the case ends; the complainant can explore other legal avenues. He can file for amendment of charges later on in the case or any other remedy suited for the strategy of that particular case.

Conclusion

The Protest Petition strikes a balance between the police’s investigative role and the complainant’s right to seek justice. It ensures that the complainant’s voice is heard even after the police report. It is important to note here that since a protest petition primarily targets to a Judge’s discretion, hence while deciding a protest petition it is not mandatory for the magistrate to allow both sides to present their arguments to the case. Magistrate may choose not to listen to the accused’s counsel if he so desires, although fair number of courts do listen to all sides.

Filing a Protest Petition promptly and at the right time is crucial for any person. Delays may affect the court’s consideration on such petition and it might just get complicated for the complainant later on, as the case progresses.

A well drafted Protest Petition is a powerful tool for ensuring fairness in criminal proceedings. As an advocate or aspiring legal professional, you will play a vital role in guiding your clients through a process like this to ensure positive outcomes in your legal battles

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