What should I do if someone assult me after car accident
1 Answer
I'm extremely sorry to hear about the assault you faced. This is a serious matter and you have strong legal remedies available. Here is comprehensive legal advice for your situation:
1. CRITICAL ISSUE - NON-COGNIZABLE REPORT IS WRONG:
The police's action of registering a Non-Cognizable Report (NCR) is LEGALLY INCORRECT. Based on your description:
- You suffered head injury (grievous hurt)
- You were attacked by 3 persons
- You faced criminal intimidation/extortion (demanding money)
- You were threatened to withdraw complaint
These are COGNIZABLE OFFENCES under the Indian Penal Code, 1860:
- Section 323: Voluntarily causing hurt
- Section 325: Voluntarily causing grievous hurt (if head injury is serious)
- Section 341: Wrongful restraint
- Section 384: Extortion
- Section 506: Criminal intimidation
- Section 34: Common intention (multiple attackers)
All these are cognizable offences where police MUST register an FIR immediately without any investigation or verification.
2. IMMEDIATE ACTION - FILE COMPLAINT TO HIGHER AUTHORITIES:
a) Complaint to Assistant Commissioner of Police (ACP):
- Within 7 days of incident, file written complaint to ACP of your area
- State that police refused to register FIR and filed NCR instead
- Mention that you were forced to sign settlement under threat
- Request immediate registration of FIR
b) Complaint to Deputy Commissioner of Police (DCP):
- If no action within 3-4 days, escalate to DCP
- File written complaint with acknowledgment
- Mention police inaction and biased behavior
c) Karnataka State Human Rights Commission:
- If police continue to refuse, file complaint here
- Address: 2nd Floor, BMTC Complex, KH Road, Shanthinagar, Bangalore
- Online: http://www.karnatakahumanrights.kar.nic.in/
3. LEGAL ACTION AGAINST ATTACKERS:
a) File Private Criminal Complaint:
Under Section 200 of CrPC, you can directly approach Magistrate Court if police refuse to register FIR:
- Go to nearest Magistrate Court in Bangalore
- File private criminal complaint against the 3 attackers
- Include details of attack, medical reports, police NCR copy
- Magistrate can order police to register FIR or directly take cognizance
b) Required Documents:
- Medical reports showing head injury
- Photos of injuries (if you took any)
- NCR copy from police
- Witness statements (if any)
- Details of attackers (vehicle registration, names if known)
- Your signed medical bills/prescriptions
4. CHALLENGING THE "SETTLEMENT" YOU SIGNED:
The settlement you signed under threat/duress is INVALID and VOIDABLE:
- Section 15 of Indian Contract Act: Agreement by coercion is voidable
- You were under trauma, threatened, and without legal advice
- You can file affidavit stating you signed under threat and duress
- This settlement cannot be used against you
5. FILING FIR THROUGH ONLINE:
Karnataka Police has online FIR facility:
- Visit: https://cctnsservices.karnataka.gov.in/
- File online FIR for cognizable offences
- Upload medical reports and NCR copy
- You'll get acknowledgment number
- Police will be compelled to investigate
6. LEGAL REMEDIES FOR TRAUMA AND INSECURITY:
a) Compensation under Section 357A CrPC:
- Karnataka State Legal Services Authority provides victim compensation
- For assault victims: Rs. 10,000 to Rs. 1,00,000 depending on severity
- File application with District Legal Services Authority, Bangalore
- No need to wait for conviction
b) Protection Order:
- File petition under Section 151 CrPC for preventive action
- Police will issue warning to attackers not to approach/threaten you
- Violation can lead to immediate arrest
7. BANGALORE-SPECIFIC RESOURCES:
a) Bangalore City Police Commissioner Office:
- Address: Infantry Road, Bangalore - 560001
- Commissioner Helpline: 080-22943030
- Control Room: 100 (emergency)
- Whatsapp: 9480801000 (complaints)
b) Bengaluru East/West/South/North Division Offices:
- Visit the DCP office of your area division
- File written complaint personally
c) Karnataka State Legal Services Authority:
- J.C. Road, Near City Civil Court, Bangalore
- Free legal aid and victim compensation
- Phone: 080-22862696
d) Bangalore Advocates Association:
- Can help you find a criminal lawyer
- Some advocates provide pro-bono services for assault victims
8. EVIDENCE PRESERVATION:
IMMEDIATELY (if not done already):
- Get detailed medical report from hospital mentioning:
* Nature of head injury
* Medical opinion on cause (assault/external force)
* Whether injury can be caused by accident or assault
- Request hospital to issue Medico-Legal Case (MLC) report
- Get X-ray/CT scan reports of head injury
- Preserve all medical bills and prescriptions
- Write down names/statements of any witnesses
- Note down vehicle registration numbers of both cars
- Preserve car accident photos (if any)
9. NETWORK/CONNECTIVITY ASPECTS:
Since you mentioned feeling insecure and unable to do daily activities:
a) Mental Health Support:
- NIMHANS, Bangalore: 080-26995000 (trauma counseling)
- Karnataka State Mental Health Authority: 080-26995105
- Document your mental trauma for compensation claim
b) Victim Support Groups:
- Connect with victim support groups in Bangalore
- They can provide emotional support and legal guidance
c) Police Complaint Tracking:
- Use Karnataka Police Citizens Portal to track your complaint
- Register on portal and track complaint status online
10. TIMELINE FOR ACTION:
Urgent (Within 7 days):
1. Get comprehensive medical report with MLC
2. File written complaint to ACP/DCP
3. File online FIR on Karnataka Police portal
4. Approach District Legal Services Authority for victim compensation
Within 15 days:
5. If no FIR, file private complaint in Magistrate Court
6. File complaint with Human Rights Commission
7. Seek free legal aid from Legal Services Authority
Within 30 days:
8. File petition for protection order if feeling threatened
9. Approach Karnataka State Commission for victim rights
11. IMPORTANT POINTS:
a) DO NOT be intimidated by police or attackers
b) Your trauma and inability to work for 2 months strengthens your compensation claim
c) Head injury is a SERIOUS cognizable offence - police cannot refuse FIR
d) Settlement signed under duress is invalid
e) You have every right to pursue criminal case against attackers
f) Seek counseling for trauma - it's important for your recovery and also creates documentation for legal case
12. NEXT STEPS:
1. TODAY: Write detailed complaint letter to ACP mentioning all facts
2. TOMORROW: Visit ACP office personally with medical reports
3. DAY 3: If no action, file online FIR on Karnataka Police portal
4. DAY 5: Visit District Legal Services Authority for victim compensation and free legal aid
5. DAY 7: If still no FIR, approach Magistrate Court with private criminal complaint
Your Rights:
- Right to register FIR for cognizable offence (Section 154 CrPC)
- Right to approach Magistrate directly (Section 200 CrPC)
- Right to victim compensation (Section 357A CrPC)
- Right to free legal aid if financially weak
- Right to protection from threats (Section 151 CrPC)
Don't let the police inaction or attacker threats deter you. You are the VICTIM here and law is completely on your side. The assault on you and forcing you to withdraw under threat are serious crimes. Take immediate action as advised above.
I strongly recommend:
1. Consult a criminal lawyer in Bangalore immediately (free legal aid available)
2. File written complaints to higher police authorities
3. Approach Magistrate Court if police don't register FIR
4. Seek trauma counseling
You have strong legal case. Don't suffer in silence. Take action now.
Note: This is general legal information and does not constitute formal legal advice or create an attorney-client relationship. Please consult a criminal lawyer in Bangalore immediately for advice specific to your case and immediate legal representation.