Your Legal Rights If Police Use Pellet Guns During Protests in India

Police use of pellet guns is governed by the principle of proportionality. The Supreme Court in Amit Sahni v. Commissioner of Police (2020) 10 SCC 439 held that protest regulation must be lawful and proportionate to the threat to public order. Pellet guns, which cause serious injury, should only be used as a last resort when non-lethal methods fail.

Under the Bharatiya Nyaya Sanhita, 2023, several sections apply to excessive force during protests:

If police use pellet guns without justification, they may be liable under these provisions. The BNSS, 2023 also lays down arrest procedures (Sections 35-37, 41) that must be followed even during protests. Non-compliance can be challenged in court. If a false counter-FIR is filed against you, you may need to file a quashing petition under Section 528 BNSS; learn more about our FIR quashing services.

If you or a family member is injured by pellet gun fire, the first step is to file a First Information Report (FIR) at the local police station. The police must register the FIR under the relevant BNS sections. If the police refuse to register, you can approach the Superintendent of Police or the Chief Judicial Magistrate (CJM) Lucknow under Section 175 BNSS (old Section 156(3) CrPC).

• Collect medical evidence and photographs of injuries immediately.
• File an FIR at the local police station under relevant BNS sections.
• If FIR is refused, approach the Superintendent of Police or the CJM Court under Section 175 BNSS.
• Alternatively, file a private criminal complaint before the CJM or Sessions Court.

In many cases, the police may not cooperate. You can then file a private criminal complaint before the CJM Court, Lucknow, or the Sessions Court, Lucknow for offences triable by the Sessions Court. The court can order an investigation under Section 175 BNSS.

For serious injuries, the case may be investigated by the Crime Branch or CID. You can also seek anticipatory bail under Section 482 BNSS (old Section 438 CrPC) if you fear arrest – though in protest cases, the victim is usually the complainant, not the accused. For more on arrest rights, see our article on arrest rights for protesters.

The timeline for filing a complaint is crucial. Under the Limitation Act, 1963, the period for filing a criminal complaint for hurt is one year from the date of incident. For grievous hurt, it is three years. Medical evidence and photographs are essential.

Beyond criminal remedies, you can claim monetary compensation from the State for violating your fundamental rights. The Supreme Court in Rudul Sah v. State of Bihar (1983) 4 SCC 141 established the principle of constitutional tort – the State must pay compensation for illegal acts that violate Article 21. Similarly, D.K. Basu v. State of West Bengal (1997) 1 SCC 416 laid down guidelines for police accountability and compensation for custodial violence, which by analogy apply to excessive force during protests.

To claim compensation, you can file a writ petition under Article 226 before the Allahabad High Court (Lucknow Bench) or the Supreme Court under Article 32. The petition must state:

• Details of the incident (date, place, police unit involved)
• Medical reports and evidence of injury
• How the force was disproportionate
• Violation of Article 19(1)(a)/(b) and Article 21
• Specific relief sought (compensation amount, prosecution of officers)

The quantum of compensation depends on the severity of injury. The Supreme Court has awarded amounts ranging from ₹1 lakh to ₹10 lakh for serious injuries. In cases of permanent disability or death, higher compensation is granted. The court may also order the State to take disciplinary action against the police officers involved.

Civil suits for damages under the Law of Torts are also possible, but they are time-consuming. The writ route is faster and more effective. For more on filing a writ, contact a Lucknow High Court lawyer.

The Allahabad High Court (Lucknow Bench) has jurisdiction over police actions in the Lucknow division and across Uttar Pradesh. You can file a writ of habeas corpus if someone is illegally detained after a protest, or a writ of mandamus to compel the police to register an FIR or investigate. The court can also issue interim orders to stop further use of force.

In many protest-related cases, the court has directed the State to provide medical treatment and pay interim compensation. The court's inherent powers under Section 528 BNSS (old Section 482 CrPC) can be used to quash false FIRs or to ensure justice. However, pellet-gun-specific orders are rare; the court applies general principles of proportionality and fundamental rights.

If you are arrested during a protest, you can apply for bail under the relevant BNSS provisions. For bailable offences, bail is a right under Section 480 BNSS. For non-bailable offences, the High Court can grant bail under Section 484 BNSS (old Section 439 CrPC). For more on bail, see our bail and anticipatory bail services.

It is advisable to engage a lawyer who practices at the Allahabad High Court Lucknow Bench to file the petition. The court typically lists such matters within 2-3 weeks of filing. For urgent cases, an interim application can be heard within 2-3 days. Fees for filing a writ petition range from ₹15,000 to ₹30,000 depending on the complexity.

• File the petition at the Lucknow Bench if the incident occurred in Lucknow or nearby districts (Barabanki, Hardoi, Unnao).
• Carry multiple copies of the medical report, FIR copy (if any), and supporting affidavit.
• Expect listing within 2-3 weeks; interim applications can be heard in 2-3 days.
• Fee range: ₹15,000 to ₹30,000 depending on complexity.

In our practice before the Lucknow Bench, such applications are typically listed within 2-3 weeks of filing. Urgent interim applications can be heard within 2-3 days. The court expects the petitioner to have filed a prior representation to the police or the District Magistrate before approaching the High Court. Judges often ask for medical evidence, photographs, and the names of the officers involved. Compensation claims are usually heard in the first instance by a Division Bench dealing with public interest litigation. We recommend filing the petition at the Lucknow Bench if the incident occurred in the Lucknow region or nearby districts. For incidents in other parts of UP, the Allahabad main bench may be more appropriate.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in criminal law, bail matters, FIR quashing, and family law. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he provides expert legal guidance to clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For a consultation on pellet gun injury cases, contact Advocate Onkar Pandey at +91 98392 71553.