Why was Telugu actor Allu Arjun arrested? Are the charges likely to stick?

Here is all you need to know about the specifics of the charges against Allu Arjun, and whether they match up to the incident in question.

For latest updates on the issue, click here.

A tragic early screening

A day before the official release of Pushpa 2: The Rule, a special screening was organised at Sandhya Theater in Hyderabad. An excited crowd waited outside the venue for the arrival of the film’s leading star and one of Tollywood’s biggest superstars, Allu Arjun.

However, according to Station House Officer (SHO) of Chikkadpally police station, B Raju Naik who spoke to the Indian Express following the incident, “…there was no intimation to police from the side of theatre management or the actors’ team about what time they would visit. The theatre management did not make any additional provisions regarding security to manage the crowd. There was no separate entry or exit for the actors’ team [even] though the theatre management had information about their arrival.”

Thus, when Arjun arrived at the theatre at 9:30 pm, security was unprepared for the crowd’s reaction. In the collective excitement to get a glimpse of the actor, and to enter the venue, the crowd surged towards the gate, leading to its collapse. According to the SHO, “His [Arjun’s] personal security team started pushing the public, which further aggravated the situation as there was already a huge gathering. Taking advantage of this situation, along with the actor and his security team, a large number of people entered the lower balcony area”.

It is in this stampede-like situation that M Revathi and her teenage son experienced suffocation. The police managed to perform CPR on the teenage boy, likely saving his life according to a statement from the hospital, but Revathi passed away before she could be taken to the hospital.

Case against Allu Arjun

On December 5, the day after the screening, the Indian Express reported that the police had filed a case against Arjun, his security team, and the management of Sandhya Theater.

Deputy Commissioner of Police (DCP) of Central Zone, Hyderabad Police, Akshansh Yadav told The Indian Express, “A case has been filed under BNS section 105 (punishment for culpable homicide not amounting to murder) and 118(1) r/w 3(5) (voluntarily causing hurt or grievous hurt by dangerous weapons or means) at Chikkadpally police station based on the complaint of the family members of the deceased person. It is being investigated. Stringent action as per law will be taken against all the persons responsible for the chaotic situation inside the theatre leading to the death of a person and injury to others”.

Consequently, Arjun filed a petition at the Telangana High Court requesting that the FIR against him be quashed, and for all the police proceedings to be stalled until the petition is decided. The court posted the case for hearing on Monday, but Arjun was arrested on Friday.

The HC is now set to hear the case at 4 pm today.

Charges and merits

The offense of culpable homicide is described under Section 100 of the BNS, which states: “Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.”

Two crucial aspects to prove culpable homicide emerge from here. The first is that the accused must “cause” the death with her actions. In Allu Arjun’s case, the evidence will have to show that his appearance caused the stampede that resulted in M Revathi’s death.

The second aspect is that the accused must commit the act with the “intention” of causing death or the “knowledge” that such act will likely cause the death. This places the bar even higher in Allu Arjun’s case as the prosecution will have to show that he was aware of the security risks, and that the police had not been informed of his arrival as they claim.

The other offense is that of “voluntarily causing hurt or grievous hurt by dangerous weapons or means” under Section 118 of the BNS. Though this carries a harsher punishment compared to the punishment for simply “voluntarily causing grievous hurt” under Section 117(2), it applies in much narrower circumstances. The section applies to anyone who “voluntarily causes hurt” including through the use of weapons, fire, poison, explosives, animals or any corrosive substances.

However, considering the facts and circumstances of Allu Arjun’s case it is difficult to see how this provision would apply to him. It is possible that these actions are directed towards the actions Arjun’s security team, which would explain the inclusion of Section 3(5) of the BNS in the charges.

Section 3(5) does not spell out a specific offense. It instead allows the police to charge an individual with an offense committed by several people if they are found to be acting “in furtherance of the common intention of all”.