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

Mr. Rohan Sharma, a resident of Vasant Kunj, New Delhi, found himself in a distressing situation. On July 15, 2024, a local builder, Mr. Vikram Singh Rathore of Triumph Constructions, allegedly trespassed into his residence. Mr. Sharma had been raising concerns about unauthorized construction activities being carried out by the builder in the neighbourhood. In response, Mr. Rathore not only entered his property without permission but also used abusive language and issued death threats. The entire incident was captured on Mr. Sharma’s home CCTV system.

Immediately following the incident, Mr. Sharma submitted a written complaint to the Vasant Kunj South Police Station, providing them with the CCTV footage as evidence. However, despite the gravity of the threat and the availability of clear evidence, the police did not register a First Information Report (FIR). This inaction left Mr. Sharma feeling vulnerable and concerned for the safety of his family, questioning the legal recourse available when law enforcement appears unresponsive.

Advice in such cases

Facing threats from powerful individuals, especially when the police are not cooperative, can be an intimidating experience. It is crucial to act strategically and legally to ensure your safety and hold the perpetrator accountable. Do not engage directly with the aggressor after the initial incident. Your priority is to create a legal and official record of the events and seek protection through the proper channels. This is not just a civil dispute over property; it involves criminal acts like intimidation and trespass.

Applicable Sections of Law

Under the new Indian penal laws, several sections are relevant to such a case:

• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Criminal Intimidation. Threatening someone with injury to their person, reputation, or property, including a threat to kill, is a punishable offense.
• Section 328 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to Criminal Trespass. Entering someone’s property with the intent to commit an offense or to intimidate, insult, or annoy the person in possession of the property is a crime.
• Section 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This covers Intentional Insult with intent to provoke a breach of the peace. Using abusive language to intentionally insult someone and provoke them into breaking the public peace is an offense.
• Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section mandates the police to record information related to the commission of a cognizable offense in writing, which is known as the First Information Report (FIR).

If you are the complainant

• Preserve all evidence: Secure the CCTV footage, make multiple copies, and store them safely. Note down the names and contact details of any witnesses. Keep a copy of the written complaint you submitted to the police, along with the receiving stamp or diary number.
• Follow up in writing: If the police do not register an FIR, send a written representation to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of your district, detailing the incident and the refusal of the local police station to act. You can send this via registered post.
• Approach the Magistrate: If the police still fail to act, you can file a private complaint before the jurisdictional Magistrate under Section 223 of the BNSS. You can also file an application under Section 175(3) of the BNSS, requesting the Magistrate to direct the police to register an FIR and investigate the matter.
• **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

• Prioritize Safety: Your immediate priority is your and your family’s safety. If you feel the threat is imminent, inform your trusted neighbours and consider temporary relocation if possible. Avoid any further confrontation with the accused.
• Document Everything: Keep a detailed journal of the incident, any subsequent events, follow-up calls, or any form of contact from the accused or their associates. This documentation can be valuable later.
• Seek Legal Protection: A lawyer can guide you on obtaining restraining orders or injunctions from a court to prevent the accused from coming near you or your property.
• **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

It is not uncommon for the police to show initial reluctance in registering FIRs, especially in cases involving property disputes or influential individuals. They might try to downplay the incident as a minor altercation or a civil matter to avoid registering a criminal case. They may suggest that both parties reach a “compromise.” However, if the complaint discloses a cognizable offense like criminal intimidation or trespass, the police are legally bound to register an FIR as per the Supreme Court’s ruling in Lalita Kumari vs. Govt. of U.P. This principle is enshrined in the BNSS.

FAQs people normally have

What evidence is required?

To build a strong case, the following evidence is crucial:

• Electronic Evidence: CCTV footage, audio recordings of threats, or video recordings from mobile phones are powerful pieces of evidence. Ensure you have a certificate under Section 65B of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to prove its authenticity in court.
• Witness Testimony: Statements from family members, neighbours, or any bystanders who witnessed the incident.
• Documentary Evidence: A copy of your police complaint, any prior complaints filed against the builder regarding unauthorized construction, and any threatening messages received via text or social media.
• Photographs: Pictures of any damage to property or injuries sustained.

How long will the investigation take?

The duration of a police investigation varies greatly. Under the BNSS, the investigation for offenses punishable with less than three years of imprisonment should ideally be concluded swiftly. However, the timeline depends on factors like the complexity of the case, the availability of evidence, the cooperation of witnesses, and the workload of the investigating agency. If an FIR is registered, the police must file a final report (chargesheet or closure report) before the court upon completion of their investigation.

Advocate Sudhir Rao, Supreme Court of India