In a significant development regarding the protection of minors involved in the protests, police have registered a separate, fresh FIR under the Protection of Children from Sexual Offences (POCSO) Act. This charge was filed based on a complaint from the minor victim, who alleged online threats and harassment. This new filing also incorporates Sections 78 and 79 of the BNS, which address stalking and insulting the modesty of a woman. Furthermore, Section 67 of the Information Technology Act was added to cover the publication or transmission of obscene material, highlighting the digital dimension of the harassment alleged.

On Friday, September 4, 2026, Bhardwaj was detained by a team of Delhi Police Crime Branch officials in Bulandshahr. He was subsequently produced before the Patiala House Court in New Delhi. The legal proceedings regarding his custody were described by observers and legal representatives as unusual. Rishav Ranjan, the counsel for Nishu Aazad, noted that Bhardwaj was presented before the judge at his residence rather than in a standard courtroom setting. A special video conference (VC) arrangement was utilized for this hearing, deviating from typical judicial transparency norms.

Ranjan expressed skepticism regarding the brevity of the custody request. “Only one day police custody was sought in such a serious offence. Only one day,” Ranjan stated, questioning the transparency of the process. He highlighted that no details were provided regarding the specific charges added to the FIR during the hearing or the duration of the remand sought by the prosecution. “We did not receive any details on the charges that were added to the FIR. I don’t know what is being hidden,” he added.

Conversely, Advocate Umesh Sharma, representing Swatantra Bhardwaj, defended the procedural aspects of the arrest. He stated, “One day of police custody has been given. The police have taken him into custody, and our defence team was fully prepared.” Sharma emphasized that the defense team is currently navigating the necessary bureaucratic steps, including signing the vakalatnama and completing other formalities. He noted that the sudden nature of the arrest, which occurred at night, has caused confusion for Bhardwaj’s family, who remain in contact with the defense team.

The arrest of Swatantra Bhardwaj marks a critical turning point in the aftermath of the Jantar Mantar incident. The swift addition of multiple severe legal provisions, particularly under the POCSO Act and the Atrocities Act, suggests that authorities are taking a hardline stance against the alleged violence and digital harassment. The involvement of the Cockroach Janta Party in pressuring the police department underscores the role of organized civil society in influencing legal outcomes in high-profile cases.

As Bhardwaj serves his one-day police custody, the focus shifts to the investigative powers the police will exercise during this period. The expansion of the FIR to include stalking and sexual offense charges against a digital influencer indicates a broader crackdown on online threats directed at protesters. This case serves as a precedent for how digital activism and real-world violence are being prosecuted under the new legal frameworks of India.

Delhi Police Action Shapes Legal Precedent

The arrest and the subsequent addition of severe charges signal a definitive shift in how authorities handle violence against protesters and online harassment. The inclusion of POCSO and atrocity provisions ensures that the case will face rigorous judicial scrutiny. This approach may deter future influencers from inciting violence or threatening minors during political unrest, reinforcing the legal boundaries of digital speech.