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

Mr. Alok Mehra and his family, respected homeowners in the city of Anandnagar, found themselves in a distressing and escalating conflict with their neighbours, the Kapoor family. The harassment began subtly but soon intensified into a daily ordeal. The Kapoors would deliberately throw garbage near the Mehras’ main door, subject them to loud and vulgar verbal abuse, and intentionally block their gate by parking vehicles, causing significant inconvenience.

The situation took a more sinister turn when the Kapoors issued direct threats, warning the Mehras of fatal consequences if they dared to report the matter to the authorities. The constant hostility and fear have taken a severe toll on the family. Mrs. Mehra is experiencing extreme mental anguish, requiring medical attention. Their son, Sameer, who is diligently preparing for competitive engineering entrance exams, finds his concentration shattered, jeopardizing his future prospects. Despite their attempts to resolve the issue through verbal complaints at the local police station, no concrete action has been taken, and the harassment continues to worsen, leaving the Mehra family feeling helpless and targeted in their own home.

Advice in such cases

• Start documenting every single incident. Note the date, time, nature of the harassment, and any witnesses present. This log will be crucial evidence.
• Install CCTV cameras at the entrance of your house and any other relevant points. Ensure the cameras cover the area where the harassment occurs, such as your doorstep and gate.
• Do not engage in arguments or confrontations with the harassing party. Your priority is to collect evidence and seek legal recourse, not to escalate the situation yourself.
• Consult with Lawyer: The very basic and important step to start is talk to a 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 an 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

Under the new Indian legal framework, several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, are applicable in such cases of neighbour harassment:

• Section 351 of BNS (Criminal Intimidation): This applies to the threats to kill or cause grievous hurt. It is a serious offence.
• Section 352 of BNS (Intentional Insult with Intent to Provoke Breach of the Peace): The verbal abuse and insults fall under this section.
• Section 326 of BNS (Mischief): Throwing garbage or causing any damage to your property constitutes mischief.
• Section 360 of BNS (Wrongful Restraint): Intentionally blocking your gate with a vehicle, thereby obstructing your path, is defined as wrongful restraint.
• Section 290 of BNS (Public Nuisance): The act of consistently throwing garbage can also be treated as a public nuisance, causing annoyance and potential health hazards.

If you are the complainant

• Gather all the evidence you have collected, including your written log, photographs, video footage from CCTV or mobile phones, and audio recordings of the abuse.
• Draft a detailed, formal written complaint addressed to the Station House Officer (SHO) of your local police station. Clearly narrate the sequence of events, mention the specific sections of the BNS that are being violated, and attach copies of your evidence.
• Consult with Lawyer: The very basic and important step to start is talk to a 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 an 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.
• When you submit the complaint, make sure to get a stamped and signed receiving copy from the police station. This is your proof of submission.

If you are the victim

• Your safety and the safety of your family are paramount. Avoid any direct confrontation.
• If you feel the threat is immediate, do not hesitate to call the police emergency number.
• Seek medical help for any physical or mental stress caused by the harassment. A medical report can serve as important evidence.
• Consult with Lawyer: The very basic and important step to start is talk to a 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 an 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

Initially, police might be hesitant to intervene, often categorizing such matters as minor “neighbourly disputes.” They may suggest a compromise or issue a verbal warning. However, a formal written complaint, drafted with legal precision and supported by strong evidence, changes the dynamic. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police are obligated to register a First Information Report (FIR) if the complaint discloses the commission of a cognizable offence, such as criminal intimidation. A lawyer’s involvement often ensures that the police take the matter seriously from the outset.

FAQs people normally have

Can I file a case directly in court?

Yes, if the police fail to register an FIR or take appropriate action, you can file a private complaint before the Magistrate under Section 175 of the BNSS. The Magistrate can then order the police to investigate or can take cognizance of the offence directly.

What if the neighbours file a false counter-case?

This is a common retaliatory tactic. Having meticulously documented evidence from the very beginning is your best defence against false allegations. Your lawyer can guide you on how to handle such a situation effectively.

What evidence is required?

• Video/Photographic Evidence: CCTV footage or mobile phone recordings of garbage being thrown, the gate being blocked, or any acts of abuse.
• Audio Recordings: Recordings of verbal abuse and threats.
• Witness Statements: Statements from other neutral neighbours who have witnessed the harassment can be very powerful.
• Written Log: Your detailed, dated log of all incidents.
• Medical Records: Any documents from doctors or therapists detailing the physical or mental trauma suffered.
• Police Complaint Copy: The receiving copy of your formal complaint.

How long will the investigation take?

The duration of a police investigation can vary significantly. For straightforward cases with clear evidence, the police may file a chargesheet within a few weeks to a couple of months. However, delays can occur. Once the case reaches court, the timeline depends on the court’s docket, the complexity of the case, and various procedural aspects. Having a proactive lawyer is key to ensuring the process moves as swiftly as possible.

Advocate Sudhir Rao, Supreme Court of India