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

A group of second-year students pursuing their Master of Computer Applications (MCA) at the Pinnacle Institute of Management in Navipur recently found themselves in a difficult situation. They, along with a few friends, published an online post detailing the discrepancy between the college’s advertised placement record and the reality. According to their post, the institute’s claims of high placement rates were misleading, as very few companies had visited the campus for recruitment in the previous year, resulting in zero selections from their course. The students mentioned that even the faculty had advised them to seek employment opportunities off-campus.

Following the post, the Head of Department (HOD) and another faculty member allegedly approached the students in their classroom. They were asked to delete the post, with subtle threats suggesting that their character certificates could be negatively impacted if they failed to comply. The HOD offered a meeting with the Vice-Chancellor on the condition that the post was removed first. The students feel that deleting the post would only protect the institution’s reputation while silencing a genuine grievance that affects all students. They are now concerned about potential retaliation, specifically the falsification of their character certificates, and are seeking to understand their legal recourse against what they perceive as an abuse of power.

Advice in such cases

Facing pressure from a powerful institution can be intimidating. Here are some immediate steps to consider:

• Document Everything: Keep a detailed record of all interactions. Note down the date, time, location, and content of conversations with the HOD and other faculty members. If other students were present, their potential testimony could be valuable.
• Do Not Act Under Duress: Do not delete the post or any evidence under pressure. Any action you take should be a well-considered decision, not a reaction to threats.
• Communicate in Writing: If you need to communicate with the college administration, try to do so via email. This creates a written record of the conversation, which is much stronger evidence than a verbal account.
• **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

Several legal provisions can be relevant in such a scenario, primarily under the Bharatiya Nyaya Sanhita (BNS) and the Consumer Protection Act.

• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Criminal Intimidation. Threatening to harm a person’s reputation, such as by tarnishing their character certificate, with the intent to cause alarm or to make them do something they are not legally bound to do (like deleting a post), can fall under this offence.
• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This covers Defamation. While the college might threaten to sue you for defamation, truth is a valid defence. If your post is based on facts, it does not constitute defamation. Conversely, if the college deliberately falsifies your character certificate, it could be an act of defamation against you.
• Consumer Protection Act, 2019: Education is considered a ‘service’ under this Act. Making false or misleading claims about placements constitutes an ‘unfair trade practice’. Students can file a complaint against the institution for ‘deficiency in service’ and false advertising.

If you are the complainant

As the students who have raised the issue, you are the complainant. Your goal is to seek redressal without facing unfair repercussions.

• Gather Your Evidence: Collect all proof of the college’s false claims. This includes screenshots of their website, copies of admission brochures, and any other promotional material boasting of high placement rates.
• Document the Threats: Preserve any evidence of the threats made by the faculty. This could be witness statements from classmates or any written communication.
• File a Formal Complaint: You can file a formal complaint with regulatory bodies like the University Grants Commission (UGC) or the All India Council for Technical Education (AICTE), detailing the false advertising and subsequent threats.
• Consumer Court: A complaint can be filed in the appropriate Consumer Disputes Redressal Commission, claiming compensation for the deficiency in service and the mental agony caused.
• **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

As victims of threats and intimidation, your immediate priority is to protect your academic and future career prospects from unfair harm.

• Inform Your Guardians: Keep your parents or guardians informed about the situation. Their support can be crucial, both emotionally and practically.
• Report the Intimidation: If the threats are serious and you fear for your academic future, you can file a police complaint under Section 351 of the BNS for criminal intimidation.
• Form a Collective: There is strength in numbers. If other students are affected or have witnessed the events, approaching the issue as a group can be more effective and provide mutual support.
• **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

The police response can vary. Initially, they might view the dispute as an internal administrative matter for the college to resolve. They may be hesitant to file a First Information Report (FIR) for “soft threats” without concrete evidence of a cognizable offence. Often, they might suggest that the students first approach the university’s own grievance redressal cell. However, if you present clear evidence of criminal intimidation, such as a recording or credible witness testimony, they are obligated under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to register an FIR and investigate the matter.

FAQs people normally have

• Can the college legally ruin my character certificate for a social media post?
  No. A character certificate must be a true and fair reflection of a student’s conduct. Using it as a tool for blackmail or retaliation for exercising free speech on a genuine issue is illegal and can be challenged in court.
• Is exposing the college’s false claims a crime?
  No. Exposing falsehoods with factual evidence is not a crime. It falls under the freedom of speech and expression. As long as your claims are truthful and made in good faith, you are protected from allegations of defamation.
• What if the college sues me for defamation?
  For a defamation case to succeed, the college would have to prove that your statements were false and made with malicious intent to harm their reputation. Truth is an absolute defence against defamation. If you have evidence to back your claims, a defamation suit against you is unlikely to succeed.

What evidence is required?

Strong evidence is key to a successful legal challenge. You should gather:

• Copies of the college’s prospectus, website archives, and advertisements that make placement claims.
• The original social media post and any comments or shares that support your case.
• Any written communication (emails, messages) from the college administration regarding the post.
• Witness statements from other students who were present during the verbal threats.
• Data or information about the actual number of companies that visited and students who were placed, to counter the college’s claims.

How long will the investigation take?

The timeline for resolution can vary significantly. A police investigation following an FIR can take several months, depending on the complexity and cooperation of the parties. A case filed in a consumer court can take anywhere from a few months to over a year to reach a final decision. An internal inquiry by the university might be quicker, but its impartiality could be a concern. Legal proceedings require patience, but taking the correct first steps is crucial for a favourable outcome.

Advocate Sudhir Rao, Supreme Court of India