Delhi Police is defending its handling of the Jantar Mantar protests, even as Bihar suspends a constable for using an AK-47 during clashes in Siwan and withdraws all FIRs linked to the July 25 agitation.
Both incidents have reignited a familiar legal question: can police lathicharge a crowd without seeking permission first?
The short answer, according to legal provisions and past Supreme Court rulings, is that no separate permission is required before each lathicharge — but officers must be able to prove the force used was necessary and proportionate to the situation.
A bench led by Chief Justice Surya Kant has reportedly said in ongoing proceedings that a lathicharge cannot be justified on the grounds of a protest alone, and has pushed for a uniform police protocol for handling public demonstrations nationwide.
The fallout continues to widen: retired Delhi Police personnel have now sought permission for their own dharna at Jantar Mantar, citing injuries their former colleagues sustained during the same protests.
Can Police Use Force To Control A Protest At All?
Yes — Indian law allows police to use force to control a crowd if a protest threatens to turn violent, damage government property, or endanger public safety, as was cited in the case of the NEET paper leak protests at Jantar Mantar. However, this does not permit arbitrary or unlimited lathicharge.
Officers can be held legally responsible for excessive or unlawful force, even when acting on orders from superiors — Indian law does not treat “orders from above” as a complete defence if the force used violates the constitutional principles of necessity and proportionality.
What Steps Must Police Follow Before A Lathicharge?
Under Sections 129 and 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), police must follow a strict sequence before resorting to physical force:
| BNSS-Mandated Step | What Delhi Police Says It Did at Jantar Mantar |
|---|---|
|
Declaration: Inform the crowd it is being treated as an unlawful assembly |
Public announcements under BNSS Section 163 asked protesters to stay within the sanctioned area |
| Warning: Issue clear verbal orders and adequate warnings to disperse | Repeated warnings issued; multiple barricade layers maintained without force |
| Graduated force: Use less coercive options first, such as water cannons or tear gas | Mild pushing and water cannons used after protesters allegedly pushed or dismantled barricades |
| Lathicharge as last resort: Blows must target only the lower body (waist and below) | Targeted lathi-charge and controlled tear gas used only against identified aggressors, after final warnings; force stopped once the threat ended |
Striking vital organs, the head or the collarbone is a violation of standard police manuals, regardless of the circumstances.
What Punishment Can Officers Face For Misusing Force?
If an inquiry finds that an officer misused their authority, acted unlawfully, or caused serious injury, they can face departmental action alongside criminal prosecution under relevant sections of the Bharatiya Nyaya Sanhita (BNS).
Depending on the severity, this can range from fines and service penalties to imprisonment. Victims can also approach human rights commissions or the courts directly.
What Is Delhi Police’s Defence For Jantar Mantar Crackdown?
According to Delhi Police sources, permission had been granted only for a sit-in at Jantar Mantar — not for a march towards Parliament, which was under heightened security as it was in session.
Police claimed the protest remained peaceful for weeks within permitted limits, and that officers exercised restraint despite hooting, sloganeering and provocation, without attempting to forcibly clear the venue.
The force maintained that the flashpoint was the attempt to breach barricades and move toward a high-security zone, not the protest itself.
Police sources also alleged that vehicles were damaged, senior and elderly personnel were jostled and heckled, and media personnel faced harassment during the confrontation — claims that remain police accounts pending independent verification.
What Happened With AK-47 In Siwan, And How Has Bihar Responded?
A Bihar police constable was suspended after purported videos showed him using an AK-47 to control protesters in Siwan during the July 25 agitation, drawing outrage after they went viral.
Police said the constable fired only into the air after being surrounded by bandh supporters, describing it as necessary “to protect life, government property and public property,” and maintained no one was injured.
Two days later, the Bihar government announced it would not pursue any punitive legal action against those who took part in the protests before 6 pm on July 26, ordering the withdrawal of all FIRs and the release of those detained or arrested.
State Special Secretary (Home) Chhatranil Singh said the government would not take “any punitive, retaliatory, or adverse legal action” against participants, adding that no direct or indirect action would follow against anyone named in the cases.
Separately, police said FIRs had been registered based on statements from three people, including a 17-year-old, who said they were injured in police firing.
What’s Next?
The Delhi Police Mahasangh, an association of retired non-gazetted and gazetted Delhi Police officers, has written to the Commissioner of Police seeking permission for a one-day dharna at Jantar Mantar on July 31 from 11 am to 5 pm, citing injuries sustained by police and paramilitary personnel during the protests since July 20 — a sign that the fallout from the crackdown is far from settled.
