A 19-year-old student goes to a public protest and returns with metal pellets lodged in his eye, lung, and near his heart. But when he tries to file a police complaint, he faces a wall of silence. This is the reality for Sahil Lochab, a Delhi teenager whose severe injuries and subsequent legal struggle recently sparked a high-profile standoff at a local police station.
While political leaders demanding justice make headlines, the core issue affects every everyday citizen: Can the police simply refuse to register a First Information Report (FIR) when someone is grievously injured? Understanding the facts of this case offers a crucial lesson in police accountability and your legal rights under India’s new criminal laws.
The Shattered Dream Of A Delhi Teen
Sahil Lochab is a 19-year-old student from Najafgarh, Delhi. Like many young Indians, his life revolved around academics and a singular ambition: securing a government job. According to his family, he was studying at Delhi University’s School of Open Learning and actively preparing for the Staff Selection Commission (SSC) CGL examinations.
His ultimate dream was to wear a uniform and join the police force or another armed service. His uncle-in-law, Ajay Duggal, noted that Sahil was deeply focused on this goal. However, a single afternoon at a public demonstration put his vision, his health, and his career aspirations in severe jeopardy.
What Happened On July 20?
On July 20, Sahil attended the ‘Sansad Chalo’ (March to Parliament) protest organized by the Cockroach Janta Party (CJP) at Jantar Mantar. Despite his family’s attempts to stop him, Sahil felt it was important to be there. At around 3:30 PM, the situation took a violent turn.
Sahil reported that something suddenly struck his arm and his eye. His arm went completely numb. When he touched his face, he felt as though his eye was coming out. Holding his eye in place with his hand, the teenager fled the chaotic scene, stopped a passing biker, and pleaded to be taken to a hospital.
A Harrowing Medical Ordeal
What followed was a nightmare for Sahil and his family. His mother, Jyoti Lochab, spent nearly 12 hours running from one hospital to another. Sahil was first taken to Lady Hardinge Hospital, then shifted to Safdarjung Hospital, and finally admitted to the AIIMS Trauma Centre in the early hours of July 21.
The medical findings were alarming. A pellet had pierced his right eye, causing a corneal perforation. Doctors also found multiple injuries across his face, neck, chest, right shoulder, and arm. Even more dangerously, one pellet was lodged in his right lung, and another was found in the pericardial fat surrounding his heart.
Sahil has already undergone one surgery to repair his damaged eye and remove pellets, and he is awaiting another. Initially, doctors told his family there was only a one percent chance of recovering his vision, though they later described his visual prognosis as “guarded.” For a young man wanting to join the police, losing his vision means the end of his lifelong dream.
Sahil was not the only victim. According to reports, a 25-year-old man from Gurugram, Sheikh Mansoori, also sustained seven pellet injuries to his face, including his nose, forehead, and both eyes, requiring surgery.
The Fight For An FIR
Despite the severity of the injuries, getting the police to officially record the crime proved to be a massive hurdle. Sahil and his lawyers submitted a written complaint to the police on August 14. When no FIR was registered, they followed up via email and phone on August 17, but received no acknowledgement.
Frustrated by the lack of action, Sahil sought help from political figures. This led to Congress leader Rahul Gandhi sitting on a dharna (sit-in protest) alongside Sahil at the Parliament Street police station, demanding that an FIR be filed immediately. Gandhi claimed Sahil was told by authorities that an FIR could not be registered due to “orders from the top.”
Meanwhile, the Delhi Police have officially denied using pellet guns during the protest. However, Sahil’s family maintains that doctors confirmed the pellets removed from his body were made of metal. A police source later stated that the Crime Branch is probing all complaints related to the incident and that Sahil’s complaint would be forwarded to them.
What The Law Says: Mandatory FIR Registration
This incident raises a massive legal question: Can the police refuse or delay filing an FIR when someone is severely injured? Under Indian law, the answer is a strict no.
1. Cognizable Offenses and the BNSS:
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which has replaced Section 154 of the old CrPC—the police are legally bound to register an FIR if the information discloses a “cognizable offense.” A cognizable offense is a serious crime where the police have the power to arrest without a warrant.
2. Grievous Hurt under the BNS:
Sahil’s injuries, particularly the severe damage to his eye, fall under the category of “Grievous Hurt.” According to Section 116 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (formerly Section 320 of the IPC), permanent privation of the sight of either eye is classified as grievous hurt. Causing grievous hurt using dangerous weapons is a serious, cognizable offense.
3. The Lalita Kumari Judgment:
In a landmark Supreme Court case (Lalita Kumari vs. Govt. of UP), the highest court of India made it crystal clear: if a complaint reveals a cognizable offense, the police must register an FIR immediately. They cannot use the excuse of conducting a “preliminary inquiry” to delay filing the FIR when the crime is evidently serious, such as a severe physical assault or grievous hurt.
What Happens When Cops Refuse To File An FIR?
If you ever find yourself in a situation where the police refuse to register your FIR, the law provides a clear step-by-step remedy:
- Step 1: Approach Higher Officers. Under Section 173(4) of the BNSS, you can send the substance of your complaint in writing (via registered post) to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP). If they are satisfied that a serious crime occurred, they must either investigate it themselves or direct a subordinate to do so.
- Step 2: Approach a Magistrate. If the higher officers also fail to act, you can hire a lawyer and file an application before a Judicial Magistrate under Section 175(3) of the BNSS (formerly Section 156(3) of the CrPC). The Magistrate has the power to order the police to register the FIR and begin the investigation immediately.
- Step 3: File a Private Complaint. You also have the right to file a private complaint directly to the Magistrate under Section 223 of the BNSS, asking the court to take cognizance of the crime.
Why This Matters For You
Sahil’s story is a tragic reminder of how quickly a public gathering can turn life-altering. But more importantly, it highlights a common grievance faced by many citizens: the reluctance of local police stations to register complaints against the state machinery or in politically sensitive cases.
The law is designed to protect citizens, not to shield authorities from investigation. An FIR is simply the starting point of a criminal investigation; it is not a declaration of guilt. By refusing to file an FIR, the system denies the victim their fundamental right to a fair probe and legal justice.
Takeaway: Whether it is a protest injury or a neighborhood assault, the police are legally bound to register an FIR for serious crimes. Knowing your rights under the BNSS ensures that if the police doors are closed, the doors of the courts remain open to you.
Story reported by Times of India. This article is BareLaw’s independent explanation and analysis.
