Named in an FIR for participating in CJP protests? Here’s what happens next
From passport applications and job background checks to court appearances and the possibility of withdrawal, lawyers explain what being booked in a protest case could mean and what legal options are available.
As police action against students and young people participating in protests called by the Cockroach Janata Party (CJP) has intensified in recent days, many of those booked are grappling with a question they have never had to confront before: what does being named in a criminal case actually mean
Mumbai offers one of the clearest examples. Over the past week alone, the city police have booked close to 1,500 people for attending the protests, with hundreds of mostly young participants individually named in FIRs. Lawyers say the approach marks a departure from previous protests in the city, where police typically detained demonstrators for a few hours or named only organisers in criminal cases.
For many of those booked, it is their first brush with the criminal justice system, raising questions about what happens after an FIR is registered, whether the cases can be withdrawn, and what a pending criminal case could mean for passports, employment, higher education abroad and travel. Lawyers, however, also said that FIR does not mean that you are a criminal and many legal remedies remain available.
Q. What happens after an FIR is filed?
The FIRs are mostly related to sections which are bailable offences related to unlawful assembly. While those named are not automatically arrested, they become accused in a criminal case and are required to
cooperate with the investigation. Subsequently, the police may file a chargesheet in the case, or it may decide that there is not enough evidence and file a closure report before the court, stating that no offences are made out. The government may also decide to withdraw the cases.
If a chargesheet is filed, those named may have to execute bonds, appear before court during proceedings and continue to participate in the legal process.
Lawyer Vikrant Khare, who is currently assisting several students and young protesters across police stations, said that filing of the FIR does not make a person a criminal and various legal remedies remain
available.
Q. Can these cases be withdrawn?
Yes. Successive Maharashtra governments have, in the past, withdrawn cases arising out of political and social protests, citing public interest. Government Resolutions issued from time to time have allowed
withdrawal of cases where there was no loss of life and damage to public property did not exceed Rs 5 lakh. If a case is withdrawn, the criminal proceedings come to an end and no criminal record remains.
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In October 2019, cases were filed against activists, students and others who protested tree-cutting in Aarey. Within two months, the Uddhav Thackeray-led government announced that the cases would be
withdrawn, and in 2021 a court formally closed the proceedings against 29 accused.
Similarly, following protests at Gateway of India and elsewhere in Mumbai against the attack on students at Jawaharlal Nehru University (JNU) and the Citizenship (Amendment) Act (CAA) in January 2020, the
Maharashtra government approved withdrawal of cases against organisers, activists and lawyers in 2023.
Q. What if the cases are not withdrawn?
That is where many lawyers say the practical consequences begin. “While the trial may not necessarily begin immediately, there are several legal processes that require constant follow-up,” said advocate Siddhi Shelar, who represented some of those accused in the Aarey protest cases. She said pending criminal cases can sometimes create hurdles during passport verification, employment background checks, applications to universities abroad and even overseas travel, which may require court permission but that the action by the police is a means of deterring others from participating in peaceful protests
of this kind.
Q. Can those named challenge the FIR?
Yes. Those named can approach the Bombay High Court seeking to quash the FIR and subsequent proceedings. Courts have, in several instances, held that merely being part of an assembly is not sufficient to sustain criminal prosecution.
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In a 2025 order quashing a protest-related case from Goa, the Bombay High Court observed, “Prosecutions must not be launched to stifle agitations that are part of the democratic process so long as people do not take the law into their own hands or indulge in violence or damage to public or private property. Article 19(1)(b) of the Constitution guarantees the right to assemble peaceably and without
arms. While reasonable restrictions could always be imposed on exercising this fundamental right, such right must not be diluted or stifled based upon vague charges bereft of the essential ingredients to constitute offences under the penal laws.”
For now, lawyers assisting those booked in Mumbai say their immediate focus is to seek withdrawal of the cases. If that does not happen, they say, those named will have to decide whether to contest the
prosecutions in court.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
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