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

Mr. Alok Sharma finds himself in a distressing situation where his wife and her family are exerting immense pressure on him to abandon his own parents. They are persistently demanding that he secure a substantial home loan to purchase a separate apartment. The situation has escalated to the point where they are issuing threats to file a false police case against Mr. Sharma, his elderly mother, and even his sister, Priya. What makes the threat against his sister particularly malicious is that Priya resides in a different city, Shantigarh, over 300 kilometers away, and has not even visited their home in Amanpur since the day of the wedding. Despite her clear non-involvement, she is being dragged into the dispute to maximize pressure on Mr. Sharma.

Advice in such cases

• Stay calm and do not engage in aggressive arguments. Your composure is your strength.
• Document every interaction. Keep a record of threatening text messages, emails, and if legally permissible, record phone conversations. This documentation can serve as crucial evidence.
• Do not sign any property papers, loan documents, or any other legal papers under duress.
• 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

In such scenarios, several provisions of Indian law may become relevant. The threats to file a police case can amount to criminal intimidation, which is addressed under Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023. If a false case is indeed filed alleging cruelty for dowry or other reasons, Sections 85 and 86 of the BNS, 2023, would be invoked by the other party. It is also important to remember that initiating false criminal proceedings against someone is a punishable offense itself, and you can take legal action for malicious prosecution later on.

If you are the complainant

• Gather all the evidence of the threats and pressure you are facing. This includes chat transcripts, recordings, and any witness accounts.
• You can file a formal police complaint (FIR) for criminal intimidation against the individuals who are threatening you.
• If you anticipate that a false FIR might be registered against you and your family, you can seek anticipatory bail from the Sessions Court or the High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• 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

• If a false case has already been filed against you, cooperate fully with the police investigation. However, do not admit to any allegations that are untrue.
• Clearly state your side of the story and provide all evidence that proves your innocence and the malicious intent of the complaint. For instance, provide concrete proof of your sister’s residence in another city.
• If the FIR is baseless and appears to be an abuse of the legal process, you can approach the High Court to have the FIR quashed.
• 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

In domestic disputes, the police often initially attempt to play the role of a mediator, encouraging counseling or reconciliation. However, if a formal complaint is made by a woman, especially alleging cruelty under Section 85/86 of the BNS, the police are generally bound to register an FIR. Following landmark Supreme Court judgments that are now integrated into the new procedural laws, immediate arrest in such cases is not the norm. The police are required to conduct a preliminary inquiry and must issue a notice of appearance under Section 35 of the BNSS, 2023, to the accused, asking them to join the investigation. An arrest can only be made if it is deemed necessary and the reasons for it are recorded in writing.

FAQs people normally have

• Can my relatives living far away be falsely implicated? Yes, it is a common tactic to name distant relatives to increase pressure. However, the burden of proof is on the prosecution to show their involvement. A strong alibi, such as proof of residence and employment in another city, is a very effective defense.
• What if my wife leaves our home and then files a case? It is vital to document the circumstances of her departure. Send a formal communication (like a registered letter or email) asking her to return, or at least have witness accounts of her leaving voluntarily. This can counter allegations of being thrown out.
• Will I be arrested immediately after an FIR is filed? Not necessarily. For offenses that carry a punishment of less than seven years, such as those typically seen in matrimonial disputes, the police cannot arrest automatically. They must follow the procedure laid down in the BNSS, which prioritizes investigation over immediate arrest.

What evidence is required?

• Digital Evidence: Recordings of threatening calls, screenshots of messages from WhatsApp or other platforms, and emails containing demands or threats.
• Witness Testimony: Statements from neighbors, friends, or neutral family members who can attest to the ongoing pressure and threats.
• Documentary Evidence: To protect your family members, gather documents proving their non-involvement. For the sister living far away, this could include her rental agreement, employment letter, utility bills, and travel records.
• Financial Records: Any evidence that shows you were being pressured into taking a loan against your will.

How long will the investigation take?

There is no fixed timeline for a police investigation. The duration can vary significantly based on the complexity of the case, the amount of evidence to be examined, and the workload of the investigating agency. While the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces measures to expedite the process, investigations in such matters can often take several months before the police file a final report (either a chargesheet or a closure report) in court.

Advocate Sudhir Rao, Supreme Court of India