How will the FIR registered against Jantar Mantar protesters be withdrawn? Understand the entire legal process

During the 36-day agitation at Jantar Mantar from 13 June 2026 to 25 July 2026, it is claimed that 15-20 FIRs were registered in Delhi alone. After the Parliament march on July 20, cases were registered against the protesters in other states besides Delhi. The government has agreed to withdraw these cases, but the mere announcement does not end the FIR. Under the Indian Civil Security Code (BNSS), 2023, applicable from July 1, 2024, the prescribed legal procedure will have to be followed to withdraw the cases.

In the eyes of the law, once an FIR is registered, be it the government or a common man, everyone has to go through a prescribed legal process. The filed case can be canceled only at the doorstep of the court. It is mandatory for the government’s decision to be approved by the court. To withdraw the cases registered against the students, the government will have to follow the same procedure which was adopted to quash dozens of cases registered during the farmers’ movement four years ago.

Main method of withdrawal of case

The government cannot cancel the case unilaterally. She can only ‘recommend’ it to the court. The main steps for mass case withdrawal are as follows.

1. Policy decision of Cabinet: When several cases are to be withdrawn simultaneously, first of all, on the recommendation of the Home Department, the Cabinet of the Central or State Government takes a ‘policy decision’ that these cases are being withdrawn in public interest. After this, written instructions are issued to the public prosecutor (government lawyer) of the concerned districts.
2. Application to court (Section 360 of BNSS): On the basis of this policy decision, the government lawyer files a formal application for withdrawal of the case under the new law Section 360 of the Indian Civil Defense Code (BNSS) (which was earlier Section 321 of CrPC) in the concerned magistrate or court.
3. Hearing of the aggrieved party: Under the new rules of BNSS, the court will compulsorily hear the victim’s side before withdrawing the case. In protests, where public property is damaged, it is the government department concerned that suffers. Although the government wants the case withdrawn, the court can still direct that department or officer to appear and record its statement for formality.
4. Final seal of the court: The final decision is of the judge. If the court is satisfied that withdrawal of the case is in the interest of justice and public interest, then it allows the application of the government lawyer and the FIR registered against the students is canceled forever.

3 other legal options for case withdrawal

If there is a hurdle in the main process, there are some other avenues under the law, although they are slightly different.

• Closure Report by Police: The government can direct the police to conduct an impartial review without taking any political decision. If the charge sheet has not been filed in the court and the police find that there is not enough evidence against the students or the case was registered only because of the protest, then the police files a Final Report (FR) or closure report in the court. The case ends as soon as the magistrate accepts it. (Although in student movements this process is considered lengthy and involving police interference).
• Cancellation directly from High Court (Section 528 of BNSS): If the sections are serious or the lower court does not provide relief, then the students or the government can collectively approach the High Court. Under the new law BNSS Section 528 (earlier CrPC 482), the High Court has the prerogative to completely quash a politically motivated or fake FIR at one stroke.
• Public Court: Small matters like blocking the road, violation of Section 144 or demonstration without permission can be resolved collectively in a single day by taking the government and students to ‘Lok Adalat’ with mutual consent.

How were the cases withdrawn in the farmers’ movement (2020-21)?

To understand the future of these students’ cases, it is important to look at the historic farmers’ movement that took place four years ago. Even at that time the government had promised to withdraw the case.

Government figures (presented in Rajya Sabha in December 2022)

• Central Government (Home Ministry): Out of the total cases registered against farmers in Delhi and Chandigarh, 86 cases were withdrawn through legal process.
• Railway Ministry: 34 cases registered in East Central Railway Zone (RPF) on charges of stopping trains and disrupting rail traffic were withdrawn.
• Haryana Government: Out of 294 cases registered in the state, the government gave permission to withdraw 163, out of which 98 cases got court approval.

Claim of United Kisan Morcha (SKM)

In the case of farmers, this path of withdrawal of cases has not been so easy. Samyukt Kisan Morcha claims that more than 1.48 lakh FIRs were registered in different states. Despite promises, thousands of cases in states like Punjab, Haryana and UP have not been fully withdrawn, due to which farmers still have to make rounds of the courts.

Also read: Prahlad Joshi’s political journey from industrialist to government’s ‘troubleshooter’