If you are stuck in such a situation, here is what to do.

Mr. Sameer was returning from a colleague’s place in the city of Aryavarta late one night, around 1 AM. He booked an auto-rickshaw using the “QuickRide” app. After a short wait, the auto arrived. However, once Mr. Sameer was inside, the driver, Mr. Kumar, refused to start the trip using the app’s OTP system. He demanded to know the fare displayed and insisted on a higher, offline cash payment.

Mr. Sameer politely declined, stating he would pay the app-generated fare, including any applicable waiting charges. When the driver remained adamant, Mr. Sameer apologized for the wait, cancelled the ride on his app, and stepped out of the auto to book another one. At this point, Mr. Kumar became aggressive. He began shouting, falsely accusing Mr. Sameer of making him wait for an hour, using abusive language, and refusing to pay. He then took out his phone and started recording Mr. Sameer, threatening to post the video online and ruin his reputation. A heated argument ensued before the driver finally left. Mr. Sameer is now deeply concerned about the video and the potential for its misuse.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to remain calm and handle the situation strategically to protect your rights.

• Do Not Escalate: Avoid getting into a physical altercation or using abusive language, as this could be used against you. Disengage from the argument as safely and quickly as possible.
• Document Everything: Note down the vehicle’s registration number, the driver’s name, and the time and location of the incident. Take screenshots of the ride details from the app.
• Report to the Aggregator: Immediately file a formal complaint with the ride-hailing company (e.g., QuickRide in this scenario). Provide all the details you have collected. This creates an official record of the incident.
• Inform the Police: Do not hesitate to report the matter to the police, especially when threats and illegal filming are involved. You can call the police helpline or visit the nearest police station.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The driver’s actions may constitute several offences under the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 341 of the BNS, 2023 (Criminal Intimidation): The driver’s act of filming you while making false accusations and threatening to post the video online to harm your reputation falls squarely under criminal intimidation.
• Section 326 of the BNS, 2023 (Extortion): The initial demand for extra money under the implied threat of not providing the service or causing trouble can be construed as an attempt to commit extortion.
• Section 356 of the BNS, 2023 (Defamation): If the driver proceeds to publish the video with false and malicious allegations, it would constitute defamation, which is a criminal offence.

If you are the complainant

As the person who has been wronged, you are the complainant. Here are the steps you should take to initiate legal action.

• File a Police Complaint: Go to the local police station that has jurisdiction over the area where the incident occurred. Submit a written complaint detailing the entire event, from the driver’s refusal to accept the online fare to the harassment, false accusations, and the act of filming you under threat.
• Request for an FIR: Insist that the police register a First Information Report (FIR) under the relevant sections of the BNS. An FIR is necessary for the police to start a formal investigation into cognizable offences like criminal intimidation and extortion.
• Preserve All Evidence: Keep screenshots of the app booking, the driver’s details, the cancellation record, and your complaint to the ride-hailing company. If the video is posted online, save the link and a copy of the video itself.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Understanding your position as a victim is the first step toward seeking justice and ensuring your safety.

• Prioritize Your Safety: Your immediate priority is your physical and mental well-being. The fear and anxiety from such an encounter are valid.
• Do Not Engage Further: Block the driver’s number if you have it. Do not respond to any further attempts at communication from them. All communication should be through official channels like the police or your lawyer.
• Monitor Online Presence: Keep a check on social media platforms to see if the video has been uploaded. If it has, report it immediately to the platform for violation of their privacy and harassment policies, in addition to informing the police.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police response can vary. Initially, some officers might view it as a minor fare dispute. However, you must emphasize the elements of criminal intimidation, harassment, and extortion. Clearly state that you were filmed against your will and threatened. Providing digital evidence, such as the booking details from the app, strengthens your case. If the police are hesitant to file an FIR, you can approach a senior police officer or file a private complaint before a Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, with the help of a lawyer.

FAQs people normally have

Can the driver really get into legal trouble for this?

Yes. Criminal intimidation, extortion, and defamation are serious offences under the BNS, 2023, and are punishable with imprisonment and/or fines.

What if I don’t have the video?

Your testimony, supported by circumstantial evidence like the app booking details, your complaint to the company, and the driver’s details, is still valuable. The police can investigate and retrieve the video from the accused’s phone during the investigation.

Will I have to go to court?

If an FIR is filed and the police submit a chargesheet after investigation, the case will proceed to court. You will be required to testify as the primary witness. However, many such cases are resolved before a full trial if the accused admits their fault or a settlement is reached.

What evidence is required?

To build a strong case, you should gather and present the following evidence:

• Screenshots of the ride booking and cancellation on the app.
• The vehicle number, driver’s name, and phone number.
• A copy of the complaint filed with the ride-hailing company and their response.
• If the video is posted online, the URL and a downloaded copy of the video.
• Names and contact details of any potential witnesses, if available.
• A detailed written account of the incident, prepared while the memory is still fresh.

How long will the investigation take?

The duration of a police investigation is not fixed. For a case like this, it could take anywhere from a few weeks to several months, depending on the workload of the police, the cooperation of the accused, and the complexity of gathering evidence. Once a chargesheet is filed in court, the judicial process has its own timeline, which can be lengthy.

Advocate Sudhir Rao, Supreme Court of India