An FIR has been registered against Leader of Opposition Rahul Gandhi hours after the BJP accused him of physical assault and incitement during a tussle on Parliament premises. Rahul has been charged with several offences, some of which carry a maximum prison sentence of seven years.

Why the incident happened

MPs from the INDIA bloc held a protest near the statue of B R Ambedkar in the Parliament complex on Thursday, demanding the resignation of Union Home Minister Amit Shah over his comments about Ambedkar in the Rajya Sabha.

Around 11:30 am on Thursday, BJP MP Pratap Singh Sarangi was seen being carried in a wheelchair outside of Parliament. Sarangi claimed that Rahul pushed BJP MP Mukesh Rajput into him while he was standing near the Parliament stairs due to which he got an injury on his forehead. Both Sarangi and Rajput were taken to RML Hospital for treatment of their injuries.

Rahul and the Congress, however, have defended themself saying that the BJP MPs were blocking the LoP’s entrance into the Parliament building.  Speaking to reporters outside Parliament, Rahul said, “You may have captured this on camera. I was trying to enter through the Parliament entrance, but BJP MPs were attempting to stop, push, and threaten me.”

Furthermore, Congress accused BJP MPs of pushing Congress leader Mallikarjun Kharge and causing him injury. Rahul said, "We’re not affected by the pushing... This is the entrance, and we have the right to enter. BJP MPs were trying to block us. The real issue is that they are attacking the Constitution and disrespecting Ambedkar ji's legacy."

Other than this Rajya Sabha MP from Nagaland Phangnon Konyak has also accused Rahul Gandhi Of misbehaving with her. Konyak said, “Raahul Gandhiji misbehaved with me in a loud voice and his physical proximity to me was so close that I, being a lady member, felt extremely uncomfortable.”

What happened after the incident

The tussle was followed by arguments between BJP and Congress MPs. Although Parliament briefly resumed at 2 pm, both houses were adjourned as MPs from both sides kept shouting at each other.

After the scuffle, three NDA MPs, including Anurag Thakur and Bansuri Swaraj, went to the Parliament Street Police Station to file a complaint. A few hours later, Congress MPs also filed a complaint against the BJP. Later in the evening, Delhi Police registered an FIR against Rahul and other Congress MPs over the scuffle.

Cases registered against Rahul Gandhi

The FIR filed against Rahul Gandhi has been under several sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) which includes: Section 117 (Voluntarily causing grievous hurt), punishable with up to seven years in prison and/or a fine; Section 115 (Voluntarily causing hurt), punishable with up to one year in prison and/or a fine.

Other sections include; Section 125 (Endangering the life or personal safety of others), punishable with up to three years in prison and/or a fine of up to Rs 10,000; Section 131 (Assault or use of criminal force), punishable with up to three months in prison and/or a fine of up to Rs 1,000; Section 351 (Criminal intimidation), punishable with up to seven years in prison and/or a fine; and Section 3(5) (Common intention), which states that when multiple people commit a criminal act with a shared intention, each person is liable as if they acted alone.

Will Rahul Gandhi be arrested?

Yes, it can happen as Sections 117 and 125 are cognizable offences which means the police can arrest someone without a court warrant. This is different from non-cognizable offences, where a warrant is needed for an arrest.
However, an arrest is not required. According to a 2014 Supreme Court ruling, arrest is not mandatory for offences that carry a jail term of up to seven years.

Also, all these offences are bailable, meaning the accused has the right to be granted bail. So, even if Rahul is arrested, he will likely be released on bail.

About disqualification

Rahul can only be disqualified if he is convicted and sentenced to more than two years in prison. As per Section 8(3) of the Representation of People Act, 1951: "A person convicted of an offence and sentenced to at least two years of imprisonment will be disqualified from the date of conviction and will remain disqualified for an additional six years after their release."