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

Mr. Alok Sharma, a senior citizen residing in the city of Shantinagar, finds himself in a distressing and fearful situation orchestrated by his own brother, Mr. Brijesh Sharma. The conflict stems from a joint family property that was sold a few years ago. After the sale, the proceeds were divided between the two brothers. However, Mr. Brijesh has since been insisting that Mr. Alok owes him an additional sum of nearly ₹20 lakhs.

For the past three years, Mr. Alok and his wife have been subjected to relentless harassment. Mr. Brijesh frequently appears at their home in an intoxicated state, creating a public nuisance by shouting, using abusive language, and threatening them. The situation took a more sinister turn recently when Mr. Brijesh, accompanied by four or five unknown men, came to Mr. Alok’s house. They aggressively threatened the elderly couple, warning that if the demanded money was not paid, they would file a false case against Mr. Alok under the SC/ST (Prevention of Atrocities) Act.

This constant torment has taken a severe toll on Mr. Alok’s health, who already suffers from high blood pressure. The family is living in constant fear. They have managed to capture some of these incidents on video but are hesitant to approach the police, fearing that their complaint might not be taken seriously or that it could provoke Mr. Brijesh into escalating his actions further.

Advice in such cases

Facing such a situation can be overwhelming, but taking calculated steps is crucial for your safety and to hold the perpetrator accountable.

• Do not give in to illegal demands for money. Paying the extortion amount will only embolden the aggressor to make further demands in the future.
• Avoid any direct confrontation or argument with the person harassing you, especially when they are intoxicated or accompanied by others. Your safety is the priority.
• Preserve all evidence meticulously. This includes video recordings, audio clips, threatening text messages, emails, and a detailed diary of every incident, noting the date, time, and what transpired.
• 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 actions described constitute several serious offenses under the Bharatiya Nyaya Sanhita (BNS), 2023. A police complaint can be filed invoking the following sections:

• Section 328 of BNS (Extortion): For intentionally putting a person in fear of injury and thereby dishonestly inducing them to deliver any property or money.
• Section 351 of BNS (Criminal Intimidation): For threatening another with injury to their person, reputation, or property. The threat to file a false SC/ST case is a severe form of criminal intimidation.
• Section 334 of BNS (Criminal Trespass): For unlawfully entering onto the property with the intent to commit an offence or to intimidate, insult, or annoy the person in possession of the property.
• Section 352 of BNS (Insult intended to provoke a breach of the peace): For the verbal abuse and insults aimed at provoking a reaction.
• Section 36 of BNS (Common Intention): This section can be applied to hold Mr. Brijesh and the men he brought with him jointly liable for the criminal acts committed together.

If you are the complainant

If you are in the position of the family seeking help, here is a structured approach to take:

• 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.
• Prepare a detailed, written complaint addressed to the Station House Officer (SHO) of your local police station.
• Clearly narrate the entire history of the dispute, the recurring harassment, and the specific recent incident involving the accomplices and the threat of a false SC/ST case.
• Attach copies of all evidence you have, such as pen drives with video files, transcripts of messages, and details of any witnesses.
• If the local police are unresponsive, you can send the same complaint to a higher-ranking officer, like the Superintendent of Police (SP), via registered post.

If you are the victim

If you are the one being directly targeted, like Mr. Alok, your immediate focus should be on safety and strategic response.

• 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.
• Ensure your home is secure. Consider installing security cameras if you haven’t already.
• Never meet the aggressor alone. Always have a family member or trusted friend with you.
• Keep a record of the impact this harassment is having on your health. This can be used to show the severity of the situation.
• Follow the legal advice provided by your lawyer strictly and avoid taking matters into your own hands.

How the police behave in such cases

Initially, police might view such cases as civil or family disputes and may suggest resolving the matter amicably. However, the presence of elements like extortion, criminal intimidation by a group of people, and the specific threat of a false SC/ST case makes it a serious criminal matter. When presented with a well-drafted complaint supported by strong evidence, especially through a lawyer, the police are obligated to take action. They will likely summon the accused for an inquiry and, based on the preliminary findings, register a First Information Report (FIR) under the relevant sections of the BNS.

FAQs people normally have

What if the police refuse to register an FIR?
If the police station refuses to file an FIR, you have recourse. Under Section 154(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, you can send your written complaint to the Superintendent of Police (SP). If no action is taken even then, you can file a complaint directly with the jurisdictional Magistrate under Section 156(3) of the BNSS, who can order the police to register the FIR and conduct an investigation.

Will taking legal action make the situation worse?
While there is a possibility of a temporary escalation, inaction often signals weakness and encourages the aggressor. Taking legal action creates an official record of the harassment and puts the accused on notice that their actions have legal consequences. It is a critical step towards ensuring your long-term safety and peace.

What evidence is required?

The stronger your evidence, the stronger your case. Key evidence includes:

• Video and audio recordings of the threats and harassment.
• Text messages, WhatsApp chats, or emails containing threats or demands for money.
• Testimony of eyewitnesses, such as neighbours, other family members, or friends who have seen the harassment.
• Property documents proving the sale and division of proceeds, which refutes the claim of an outstanding debt.
• Medical records documenting the adverse health effects (like aggravated high blood pressure) caused by the stress of the harassment.

How long will the investigation take?

The timeframe for an investigation can vary. As per the BNSS, if the police conduct a preliminary inquiry, it should be completed within 14 days. The duration of the full investigation depends on factors like the complexity of the case, the amount of evidence to be analyzed, and witness availability. Having a lawyer follow up with the police can help ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India