Witnessed a brutal attack in a crowded market? Here is how to use the BNSS to report public violence and ensure police action in Odisha without fear.
You are at a crowded market like Golabazar in Kanas, Puri. Suddenly, a man is chased and hacked with a fish-cutting knife in broad daylight. The crowd freezes. Some pull out phones to record; others look away, terrified of the "police chakkar" or retaliation. You want to help, but you do not know how to do it safely or legally. This isn't just a news headline; it is a moment where your civic action determines if the attackers get away. Knowing how to navigate the system is the first step to ensuring that "broad daylight" does not mean "zero accountability."
As of July 1, 2024, India's criminal laws have transitioned from the IPC to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). If you witness a group attack or a public murder, the law is on your side to report it.
Under Section 103(2) of the BNS, if a group of five or more persons acts in concert to commit murder on grounds of race, caste, community, sex, place of birth, language, personal belief, or any other similar ground, each member is punishable with death or life imprisonment. For general group attacks without a specific discriminatory motive, Section 103(1) (Murder) read with Section 190 (Unlawful Assembly) ensures that every person present in the mob participating in the violence is held equally liable.
Many people fear that reporting a crime will lead to harassment. However, Section 33 of the BNSS (formerly Section 39 CrPC) states that every person aware of the commission of certain offences, including murder and rioting, is legally bound to give information to the nearest Magistrate or police officer. You aren't just "interfering"; you are fulfilling a legal duty.
In the landmark case of Lalita Kumari v. Govt. of U.P. (2014), the Supreme Court ruled that the police must register an FIR if the information discloses a cognizable offence (serious crimes like assault with weapons or murder). Under Section 173(1) of the BNSS, this process is mandatory. If the crime happened in Puri but you are in Bhubaneswar, you can file a Zero FIR. The police cannot refuse you by saying "this is not our jurisdiction."
While India's Good Samaritan laws are most robust for road accident victims, the Supreme Court has repeatedly emphasized that witnesses to violent crimes should be protected from unnecessary procedural harassment. You have the right to provide information and request that your identity be kept confidential if you fear for your safety.
Do not try to be a hero if the attackers are armed with knives or blunt objects. Your primary role is as a witness, not a combatant. Move to a safe distance where you can still observe. If you are in a vehicle, lock the doors. If you are on foot, find a shop or a physical barrier.
Dial 112 (National Emergency Response System) or 100 immediately.
If you have a smartphone, record the incident. Focus on:
If the police arrive and take the victim, follow up at the nearest police station. If they are hesitant to register the case:
If the local police station is intimidating or uncooperative, use the digital route.
If the FIR is still not registered within 24 hours:
Witnessing a brutal hacking or a mob attack is deeply traumatising. You might experience anxiety, flashbacks, or "freezing" episodes. Once the legal formalities are initiated, prioritise your mental health.
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Even with the law on your side, the ground reality in Odisha can be frustrating. Here is where the process typically stalls and how you can push through:
Police at a local thana (like Kanas) might tell you the crime happened five metres outside their boundary or that you should go to the Puri Town station instead. The Workaround: Invoke Section 173(3) of the BNSS. This allows for a Zero FIR. Tell the officer: "I am aware this is a cognizable offence. Under Section 173, you are required to register a Zero FIR and transfer it to the relevant station later. Please provide me the diary entry number." If they still refuse, use the Odisha Police Citizen Portal (odishapolice.gov.in) to file it online.
In mob violence cases, local influential figures or even the police might pressure you to stay silent to "maintain communal harmony" or avoid "trouble." The Workaround: Do not argue with a mob or a hostile officer on-site. Record the refusal if safe, and immediately send your complaint via Registered Post AD or email to the Superintendent of Police (SP), Puri. Under Section 173(4) of the BNSS, if a Station House Officer refuses to record your info, you can approach the SP directly.
The police might take your phone or tell you the video "isn't clear enough" to avoid naming specific perpetrators. The Workaround: Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, electronic records are primary evidence. When you submit the video, ensure you provide a certificate under Section 63 of the BSA (which replaced the old Section 65B of the Evidence Act). This is a simple signed statement declaring the device used and that the video hasn't been tampered with. Without this, the video might be kicked out in court.
Odisha has seen cases where witnesses are intimidated long after the "broad daylight" incident fades from the news. The Workaround: Mention the Witness Protection Scheme, 2018 (validated by the Supreme Court in Mahender Chawla v. Union of India). Formally request the Magistrate for "Witness Protection" if you feel your life is at risk. You can ask for your identity to be redacted from the public copies of the chargesheet.
You: "Emergency. I am reporting a mob attack at [Exact Location, e.g., Golabazar, Kanas]. 5-6 men are attacking a person with knives. The victim is severely injured. I am a bystander at a safe distance. Send an interceptor and an ambulance immediately. My name is [Name], and my number is [Number]." Note: Ask for the 'Event ID' or 'Ticket Number' before hanging up.
Subject: Information regarding cognizable offence under Section 173 BNSS – Mob Violence at Kanas.
Body: To, The Superintendent of Police, Puri, (Email: [email protected] – verify on official portal)
Sir/Madam, I am writing to report a brutal public attack I witnessed on [Date] at approximately [Time] at Golabazar, Kanas. A group of [Number] individuals were seen hacking a man with fish-cutting knives and subsequently running him over with a vehicle [Vehicle Number if known].
The local police station has [mention if they refused to help or if you are reporting directly for safety].
As a witness, I am performing my duty under Section 33 of the BNSS. I have video evidence of the incident which I can provide under Section 63 of the BSA, 2023. I request you to:
Regards, [Your Name] [Your Phone Number]
If 30 days pass and no one has been arrested, file an RTI to the Public Information Officer (PIO) of the Puri SP Office. Text: "Provide the current status of the investigation in FIR No. [Number] registered at Kanas PS. Provide copies of the Progress Reports submitted by the Investigating Officer to their seniors from [Date] to [Date]. Note: I am not seeking personal details of the accused that would impede investigation, only the procedural status."
No. However, if you are part of the "unlawful assembly" (Section 189 BNS) and share the "common object" of the violence, you can be charged. If you were clearly a bystander—e.g., you were shopping or passing by—and you actively reported the crime or tried to seek help, the law views you as a witness, not an accomplice.
Absolutely not. Under Section 173(2) of the BNSS, a copy of the FIR must be given to the informant "forthwith, free of cost." If an officer asks for money for "petrol" or "paperwork," it is a bribe. You can report this to the Odisha Vigilance Directorate at their toll-free number 1064.
You do not necessarily have to surrender your physical phone forever. You can provide the file via a pen drive or cloud link, but you must provide the Section 63 BSA certificate. The police may seize the phone for forensic validation, but you can move a mofussil court (Magistrate) later to get your device released on 'Zimmanama' (interim custody).
In urban Odisha, the 112 response time is usually 10–20 minutes. In rural areas like Kanas, it may take longer. This is why recording the time of your call is vital—it proves the police response time if the victim dies due to delay, which can be raised in a human rights complaint later.
You can give a "tip-off" anonymously to the 112 operator or via the Odisha Police social media handles. However, to be a "prosecution witness" (the person whose statement helps jail the killers), you will eventually need to identify yourself. If you fear for your life, specifically ask the police to record your statement under Section 183 of the BNSS before a Magistrate to ensure it is legally binding and you are protected.
If the victim belongs to a Scheduled Caste or Scheduled Tribe, ensure the police also add sections from the SC/ST (Prevention of Atrocities) Act, 1989. This makes the case non-bailable and ensures the investigation is handled by an officer of at least Deputy Superintendent (DSP) rank.
No. However, if you are part of the "unlawful assembly" (Section 189 BNS) and share the "common object" of the violence, you can be charged. If you were clearly a bystander—e.g., you were shopping or passing by—and you actively reported the crime or tried to seek help, the law views you as a witness, not an accomplice.
Absolutely not. Under **Section 173(2) of the BNSS**, a copy of the FIR must be given to the informant "forthwith, free of cost." If an officer asks for money for "petrol" or "paperwork," it is a bribe. You can report this to the **Odisha Vigilance Directorate** at their toll-free number 1064.
You do not necessarily have to surrender your physical phone forever. You can provide the file via a pen drive or cloud link, but you must provide the **Section 63 BSA certificate**. The police may seize the phone for forensic validation, but you can move a mofussil court (Magistrate) later to get your device released on 'Zimmanama' (interim custody).
In urban Odisha, the 112 response time is usually 10–20 minutes. In rural areas like Kanas, it may take longer. This is why recording the time of your call is vital—it proves the police response time if the victim dies due to delay, which can be raised in a human rights complaint later.
You can give a "tip-off" anonymously to the 112 operator or via the Odisha Police social media handles. However, to be a "prosecution witness" (the person whose statement helps jail the killers), you will eventually need to identify yourself. If you fear for your life, specifically ask the police to record your statement under **Section 183 of the BNSS** before a Magistrate to ensure it is legally binding and you are protected.
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