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UI was beaten by my elder brother (drud addict), and then he hit my bike with his car in an attempt to kill me. I didn’t even touch him; I only defended myself by taking away the cable he was beating me with. I called the police, but he falsely accused me of beating him and his wife. As a result, the police took both of us to the station and arrested us under Section 151.
I have visible injuries from the cable, and all of them are mentioned in the medical report by doctor. We were both released in the morning.
It has been three days, and I want to file an FIR for assault, criminal intimidation, and attempted murder. My brother has been intimidating me for years, and I have proof in WhatsApp messages and voice notes where he repeatedly threatens to kill me if he sees me or meets me. I have been attacked before, but not this severely.
My questions:
1. Can I still register an FIR after three days of being released under Section 151?
2. I was the victim, and my brother and his wife had no visible injuries. Can I file a complaint for falsely imposing Section 151 on me?
3. Should I go to the police station or directly write to the SP (Superintendent of Police)? I fear that my brother has contacts in the local police station and will be informed, allowing him to falsely file a cross FIR. What should I do?
4. If he falsely files an FIR for assault on him and his wife, what action should I take?
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BLawyer here, based in Delhi.
>Can I still register an FIR after three days of being released under Section 151?
Yes, you can still file an FIR even after a few days have passed, especially in serious cases involving assault, criminal intimidation, and attempted murder. The delay can be reasonably explained by your trauma, medical treatment, and the fact that you were detained. Your medical report, injuries, and past threats documented in WhatsApp messages and voice notes will strengthen your case.
>Can I file a complaint for falsely imposing Section 151 on me?
While Section 151 CrPC is preventive in nature and does not involve a formal FIR, if you were the one who called the police and there were no visible injuries on your brother or his wife, this may be relevant in establishing that you acted in self-defense. If the police acted unfairly or colluded with your brother, you can bring this to the notice of senior police officials or even the magistrate, if needed.
>Should I go to the police station or directly write to the SP (Superintendent of Police)?
Given your concern about local police bias, it may be prudent to directly write a detailed complaint to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP).
>If he falsely files an FIR for assault on him and his wife, what action should I take?
If your brother files a false FIR, you have the right to defend yourself legally. Since you already have medical evidence and records of threats, these can help you obtain anticipatory bail if required and contest any false allegations.
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HYes, you can file an FIR even after three days, especially since you have medical evidence and proof of threats. Go directly to the Superintendent of Police (SP) or file a complaint online if you fear bias at the local station. Mention the past threats, medical report, and any proof of his intimidation. Also, if you know his drug sources, tipping off the police could help build a stronger case against him. Unfortunately, false cross FIRs are common in such cases, so gather all evidence, voice notes, messages, and medical reports. If your brother has police contacts, consider involving a lawyer to ensure your complaint is taken seriously.
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