How to seek justice for violent crimes across state lines

The "Outsider" Justice Trap

You move from a village in Bihar to the national capital, chasing a degree or a ₹20,000-a-month job. Then, the nightmare happens. A minor argument over a parking spot or a loud phone call spirals into violence. A life is lost. When you are a migrant in a city like Delhi, the system often feels like it is speaking a language designed to shut you out. "Go back to your state," or "The paperwork is too complex" are common excuses used to discourage families. But the law does not care about your Aadhaar address or your mother tongue. Whether you are in Patna or Paharganj, your right to justice is absolute. This guide shows you how to force the system to work for you when the worst-case scenario becomes your reality.

What the law actually says

As of July 1, 2024, India’s criminal justice system has transitioned from the colonial-era IPC and CrPC to the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). If you are dealing with a violent crime today, these are the rules that apply.

1. The Mandatory FIR (Section 173 BNSS)

If a cognizable offence (a serious crime like murder, kidnapping, or grievous hurt) is committed, the police must register a First Information Report (FIR).

• Zero FIR: This is your most powerful tool if you are currently in Bihar but the crime happened in Delhi. Under Section 173(1) of the BNSS, you can walk into any police station in India to report the crime. They are legally required to register a "Zero FIR" and then transfer it to the relevant station in Delhi. They cannot tell you to "go to Delhi and file it."
• Lalita Kumari vs. Govt. of U.P. (2014): The Supreme Court of India ruled that registration of an FIR is mandatory if the information discloses a cognizable offence. Refusal to do so is a violation of duty.

2. Murder and Hate Crimes (BNS)

• Section 103 BNS: This replaces Section 302 IPC. It defines the punishment for murder.
• Mob Lynching / Group Identity Crimes: Section 103(2) of the BNS specifically addresses murders committed by a group of five or more people on the grounds of race, caste, community, sex, place of birth, language, or personal belief. This is crucial if the violence was motivated by the victim being an "outsider."

3. Victim Compensation (Section 396 BNSS)

Under Section 396 of the BNSS (which replaces Section 357A CrPC), every state must have a Victim Compensation Scheme.

• Interim Relief: You do not have to wait for the trial to end (which can take 10 years). You can apply for interim compensation for immediate expenses like funeral costs, medical bills, or transport of the body back to Bihar.
• Delhi Victim Compensation Scheme: This scheme provides financial aid to victims of substantial loss or injury. For death, the compensation can range from ₹5 lakh to ₹10 lakh depending on the circumstances.

4. Right to Information for Victims

For the first time, the BNSS gives victims the right to be informed. Under Section 173(3), the police must provide a copy of the FIR to the informant or victim free of cost. Furthermore, under Section 230 BNSS, the victim has the right to receive copies of the police report and other documents (like the chargesheet) within 14 days of the accused appearing in court.

Step-by-step playbook

Step 1: Secure the Medico-Legal Case (MLC)

If the victim is in a hospital in Delhi, ensure the doctors have registered an MLC. This is the primary medical evidence of the injury or cause of death.

• What to do: Ask the hospital for the MLC number. If they hesitate, remind them it is a legal requirement in all cases of unnatural death or violence.
• What to bring: The victim's ID proof and any eyewitness contact details.
• Timeline: Immediate.

Step 2: Filing the FIR in Delhi (or a Zero FIR from Bihar)

If you are in Delhi, go to the police station with jurisdiction over the area where the crime happened.

• What to do: Provide a clear, chronological account. Mention if any specific slurs or "outsider" comments were made, as this triggers more serious sections of the BNS.
• If the police refuse: Immediately use the How to file an FIR (and what to do if police refuse) protocol. Send the complaint via Registered Post AD to the DCP of the Delhi district (e.g., DCP North Delhi). Under Section 173(4) BNSS, the DCP is then obligated to investigate or direct an investigation.
• Timeline: Within 24 hours of the incident.

Step 3: Engaging the Delhi Legal Services Authority (DLSA)

As a victim's family, you are entitled to free legal aid if you meet the income criteria, and in many cases of violent crime, legal aid is provided regardless of income to ensure the victim is represented.

• What to do: Visit the DLSA office in the District Court (e.g., Tis Hazari, Saket, or Rohini). Ask for a "Victim Counsel."
• Why: They will help you file for the Victim Compensation Scheme under Section 396 BNSS.
• Timeline: Within 7 days of the FIR registration.

Step 4: Applying for Interim Compensation

Do not wait for the Delhi Police to finish their investigation to seek financial help.

• What to do: File an application before the Secretary of the District Legal Services Authority (DLSA) in the district where the FIR was filed.
• What to bring: Copy of the FIR, MLC/Post-mortem report, and proof of your relationship to the victim (Aadhaar, Ration Card from Bihar).
• Expected Timeline: The DLSA usually decides on interim relief within 30 to 60 days.

Step 5: Tracking the Investigation via RTI

If the police are not updating you on the arrest of the accused or the filing of the chargesheet (which should happen within 60-90 days for serious crimes), use the law to peek into their files.

• What to do: File an RTI online with the Delhi Police (Public Information Officer of the relevant district).
• What to ask: "Provide the current status of investigation in FIR No. [XXX] dated [Date] registered at [Station Name]. Has the chargesheet been filed? If not, provide the reasons for delay recorded in the Case Diary."
• Note: While Section 8(1)(h) of the RTI Act allows police to refuse info that "impedes investigation," courts have often ruled that the progress of an investigation cannot be hidden from the victim.

Step 6: Dealing with Post-Mortem and Transport

If the family wants to take the body back to Bihar, this requires specific clearances from the Delhi Police and the hospital.

• What to do: Ensure the Post-Mortem (PM) is conducted by a board of doctors if you suspect foul play or police collusion. Request the PM report immediately.
• Timeline: PM usually happens within 24-48 hours of death.

Step 7: Escalation to the Magistrate

If the police file a "Closure Report" (saying they found no evidence) or if they refuse to investigate even after the DCP was informed, you must act in court.

• What to do: File a "Protest Petition" or a complaint under Section 175 BNSS (which replaces Section 156(3) CrPC) before the Metropolitan Magistrate in Delhi.
• Outcome: The Magistrate can order the police to conduct a proper investigation or monitor the progress themselves.

If the trauma of the event is overwhelming for the survivors, please reach out to Mental health helplines (iCall, Vandrevala, NIMHANS) for support while you navigate these legal hurdles.

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Where it usually breaks

Even with the BNSS in your corner, the ground reality in a busy Delhi thana (police station) can be hostile. Here is where the process usually hits a wall and how you can push back:

1. The "Jurisdiction" Excuse: The most common lie is, "This happened in another area, go there." If you are trying to file a Zero FIR from Bihar for a crime in Delhi, the officer might claim their system doesn't support it.

   • The Fix: Quote Section 173(1) of the BNSS. Explicitly state that the law now mandates registration irrespective of where the crime happened. If they still refuse, use the CCTNS (Crime and Criminal Tracking Network & Systems) portal or the state police’s mobile app to file an e-FIR. This creates a digital trail they cannot ignore.

2. The Language/Status Bully: If you speak with a heavy Bihari accent or look like a daily-wage worker, some officers might try to intimidate you or dismiss the gravity of the crime.

   • The Fix: Don’t go alone. If you don't have family in the city, contact a student union (like those from DU or JNU) or a local NGO. If the officer is being abusive, record the audio (discreetly) and mention you will report this to the Police Vigilance Helpline (1064).

3. Compensation "Ghosting": The police rarely tell you about the Victim Compensation Scheme. They might say compensation only happens after the killer is convicted.

   • The Fix: You don't need the police for this. Approach the Delhi State Legal Services Authority (DSLSA) directly at the Patiala House or Tis Hazari Court. Under Section 396 BNSS, you can apply for interim relief within weeks of the incident to cover the ₹20,000–₹50,000 needed for immediate rituals or transport.

4. Missing Post-Mortem Details: In "outsider" cases, sometimes the post-mortem is rushed or lacks detail regarding "hate" motives (like slurs used during the attack).

   • The Fix: Demand a copy of the post-mortem report. If you suspect a cover-up, you have the right to request a second opinion or a forensic review through the National Human Rights Commission (NHRC) at nhrc.nic.in.

Templates / script

Script: Calling 112 (Emergency) or the SHO

“Namaste, my name is [Your Name]. I am reporting a violent crime that happened at [Location] involving [Victim's Name]. We are from Bihar and are currently at [Your Location]. I want to register a Zero FIR under Section 173 of the BNSS. Please give me the Daily Diary (DD) entry number for this call. If you cannot send a team, tell me the name of the Duty Officer so I can come to the station.”

Template: Written Complaint for FIR Refusal

To, The Deputy Commissioner of Police (DCP), [District Name, e.g., North-East Delhi]

Subject: Complaint under Section 173(4) BNSS regarding refusal to register FIR.

Respected Sir/Madam, I am writing to inform you that on [Date], I approached the [Name of Police Station] to report a cognizable offence (Murder/Grievous Hurt) involving [Victim Name]. The Duty Officer refused to register the FIR, which is a direct violation of the Supreme Court judgment in Lalita Kumari vs. Govt. of U.P. (2014) and Section 173 of the BNSS.

Details of the incident: [2-3 sentences on what happened]. I request you to direct the registration of the FIR and ensure the investigation is conducted fairly.

Sincerely, [Your Name & Phone Number] [Attach copy of the written complaint given to the Thana]

Template: Application for Interim Compensation (to DLSA)

To, The Member Secretary, Delhi State Legal Services Authority (DSLSA).

Subject: Application for Interim Relief under Delhi Victim Compensation Scheme.

Sir, My [Relation, e.g., brother], [Name], was a victim of a violent crime on [Date] (FIR No: [Number] at [Station]). As the victim was the primary breadwinner and we are migrants from Bihar, we are facing extreme financial hardship for [Medical/Funeral/Transport] expenses.

I request you to grant interim compensation as per the schedule under Section 396 BNSS.

[Your Signature]

FAQs

1. Do I have to pay the police to file an FIR or get a copy? No. Under Section 173(2) BNSS, a copy of the FIR must be provided to the informant/victim completely free of cost. If an officer asks for money (even for "paper/photocopying"), it is a bribe. Report them to the Vigilance Branch at 1064.

2. Can I file the complaint in Hindi if the crime happened in Delhi? Yes. You can write your complaint in Hindi. The police are required to record it. If they translate it into English or another language, ensure they read it back to you in Hindi so you can verify the details before signing.

3. What if the victim died and we need to take the body back to Bihar? The Delhi Victim Compensation Scheme allows for the reimbursement of transportation costs. Ask the Delhi State Legal Services Authority (DSLSA) for "Interim Compensation" specifically for funeral and transport logistics. This is usually processed faster than the full compensation claim.

4. How do I track the case once I go back to my home state? Download the e-Courts Services app. Enter the FIR number and the year. You can also check the Delhi Police "Know Your Case Status" portal. Under the BNSS, the police are now legally obligated to inform the victim of the progress of the investigation within 90 days.

5. Can the police arrest the accused even if I am not in Delhi? Yes. For cognizable offences like murder or assault, the police have the power to arrest without a warrant. Your presence is only required for giving your statement (which can sometimes be done via video link under Section 530 BNSS) and during the trial.

6. What if the attackers are powerful locals and the police are protecting them? If the local police are biased, skip them. File a "Criminal Complaint" directly before the Magistrate under Section 223 BNSS. The Magistrate can then order the police to investigate or take cognizance of the case themselves. You can get a free lawyer for this through the Legal Aid Cell at the district court.

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023
• Bharatiya Nyaya Sanhita, 2023
• Lalita Kumari vs Govt. of U.P. 2014
• Delhi Victim Compensation Scheme