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

A deeply troubling incident occurred in a small town named Devgarh. An elderly gentleman, Mr. Verma, a man known for his peaceful nature, was confronted and harassed over a minor land boundary dispute concerning his ancestral farmland. A large group of about twenty men, who are known to be powerful in the locality, surrounded him, subjected him to verbal abuse, and physically pushed him. Overwhelmed and outnumbered, Mr. Verma did not retaliate. The incident left him shaken and in tears, a sight his family had never witnessed. The family possesses all the necessary documents proving their ownership of the land but is facing silent threats and intimidation to force them into submission. The local police have shown reluctance to intervene, likely due to the influence wielded by the opposing party. This situation has escalated from a simple property dispute to a matter of an elderly person’s dignity, safety, and the pursuit of justice.

Advice in such cases

• Ensure Immediate Safety: The first priority is the safety of your elderly family member. If possible, temporarily relocate them to a safer place, away from the immediate area of conflict. Avoid any direct confrontation with the aggressors.
  
• Document Everything: Write down the entire sequence of events with dates, times, and names of individuals involved, if known. If there were any witnesses, try to get their contact information and willingness to provide a statement.
  
• Gather Evidence: Collect all land ownership documents, such as sale deeds, property tax receipts, and land survey records. If you have any photographic or video evidence of the harassment or the land encroachment, secure it immediately.
  
• Medical Examination: Even if there are no visible injuries, it is wise to get a medical check-up for the victim. The pushing and mental trauma can have physical effects, and a medical report can serve as crucial evidence of the assault and distress 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.
  

Applicable Sections of Law

Under the new Indian penal laws, several sections can be invoked in such a scenario:

• Section 120 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with assault or the use of criminal force. Pushing an individual constitutes assault.
  
• Section 350 of the Bharatiya Nyaya Sanhita (BNS), 2023: This pertains to criminal intimidation. Threatening someone with injury to their person, reputation, or property to cause alarm is a punishable offense.
  
• Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023: If the group of men assembled with a common object to commit an offense or intimidate, they could be charged with being part of an unlawful assembly.
  
• Section 329 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section covers criminal trespass, which is applicable if the men entered your property with the intent to intimidate, insult, or annoy.
  
• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This Act provides for the protection of life and property of senior citizens. Harassment and attempts to force a senior citizen out of their property are serious offenses under this Act.
  

If you are the complainant

• File a Written Complaint: You can file a complaint on behalf of your father, especially if he is too intimidated to do so himself. Draft a detailed written complaint addressed to the Station House Officer (SHO) of the local police station.
  
• Approach Senior Police Officials: If the local police are unresponsive, you can escalate the matter by sending the complaint to senior officers like the Superintendent of Police (SP) or even the Deputy Inspector General (DIG) of the range.
  
• File a Complaint before the Magistrate: If the police fail to register a First Information Report (FIR), you have the right to file a complaint directly with the jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, requesting the court to direct the police to investigate.
  
• 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

• Do Not Be Intimidated: The law is on your side, regardless of how powerful the opposing party may seem. Your testimony is a powerful piece of evidence.
  
• Preserve Your Account: Write down exactly what happened as soon as you can, while the memory is fresh. This written account will be invaluable for legal proceedings.
  
• Seek Support: Lean on your family and friends for emotional support. Dealing with such trauma alone can be overwhelming.
  
• 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 an unfortunate reality that in some cases, local police can be hesitant to act against influential individuals due to political or financial pressure. They might delay registering an FIR, conduct a biased investigation, or try to broker a “compromise” that is unfavorable to the victim. However, this is not the end of the road. The legal system has checks and balances. By escalating the complaint to higher police authorities and the judiciary, you can compel the police to perform their duty impartially and in accordance with the law.

FAQs people normally have

What evidence is required?

• Land Ownership Documents: Title deeds, mutation records, survey maps, and property tax receipts.
  
• Evidence of the Incident: Photographs or videos of the harassment or encroachment, if available.
  
• Witness Statements: Names and contact details of anyone who witnessed the incident.
  
• Medical Records: A medical report detailing any physical or psychological harm.
  
• Records of Threats: Any threatening messages, call recordings, or details of verbal threats.
  

How long will the investigation take?

The duration of a police investigation can vary significantly. It depends on factors like the complexity of the case, the availability of evidence, the cooperation of witnesses, and the workload of the investigating agency. While the Bharatiya Nagarik Suraksha Sanhita (BNSS) emphasizes timely investigation, there is no fixed timeline. A good lawyer can help in filing applications to expedite the process and ensure that the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India