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

Mr. and Mrs. Verma from Jayanagar found themselves in a deeply distressing situation. Their relative, Sunita, who is Mrs. Verma’s younger sister, has been battling a severe mental illness for over five years. The Verma family has been her primary support system, both financially and emotionally, especially since she lives alone in the family’s ancestral property and has no source of income.

Earlier this year, Sunita’s condition required her to be admitted to a mental health facility for a couple of months. Upon her release, she was prescribed medication, which she had to discontinue recently due to adverse health effects. Following this, her symptoms resurfaced with greater intensity. The family’s anxiety peaked when they learned that Sunita had visited the local police station a few weeks ago. They now fear that in her distressed state, she may have filed a false complaint of harassment against them, including their 21-year-old son, Sameer.

This scenario, where caregivers are falsely accused by the very person they are trying to help, is unfortunately not uncommon. The family is now worried about being wrongly implicated while also being concerned for Sunita’s well-being.

Advice in such cases

If you face a similar predicament, it is crucial to act strategically and not emotionally. Here are some immediate steps to consider:

• Gather All Documentation: Systematically collect and organize every piece of evidence. This includes all of the relative’s medical records, psychiatric evaluations, hospital discharge summaries, and prescriptions. Also, compile proof of your financial support, such as bank account statements, receipts for expenses, and rent payments.
• Preserve Communication: Save all emails, text messages, and call logs that demonstrate your supportive and non-threatening relationship with the relative. This can serve as crucial evidence to counter any claims of harassment or intimidation.
• Do Not Confront: Avoid any direct confrontation with the relative about the potential police complaint. Such actions could escalate the situation, be misinterpreted as intimidation, and worsen their mental state. Communicate calmly and, if possible, in the presence of a neutral third party.
• Anticipatory Bail: If the alleged offense is non-bailable and you have a genuine fear of being arrested, you may consider filing for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. A lawyer can best advise if this step is necessary at this stage.
• 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

Understanding the relevant legal provisions is essential. Under the new Indian legal framework, the following sections may apply:

• Criminal Intimidation: If the complaint alleges threats, it would fall under Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023. Your evidence of a supportive relationship can counter such claims.
• Defamation: If the allegations are proven false and have harmed your reputation, you may have grounds to file a case for defamation under Section 356 of the BNS.
• Giving False Information to a Public Servant: If the relative is found to have knowingly filed a false complaint with the police, they could be liable under Section 235 of the BNS.
• Anticipatory Bail: The procedure for seeking protection from arrest is governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• The Mental Healthcare Act, 2017: This Act is crucial as it outlines the rights of persons with mental illness and the procedures for their care and treatment. It can be used to demonstrate that your actions were in the best interest of your relative’s health and well-being.

If you are the complainant

In this context, “complainant” refers to the person against whom a complaint has been filed. If you find yourself in this position, here is how you should proceed:

• Do Not Panic: Maintain your composure. Panicking can lead to poor decisions. Trust in the legal process and focus on building a strong defense.
• Organize Your Evidence: Create a clear, chronological file of all medical records, financial proofs, and communication records. If there are neighbors or other family members who can vouch for your supportive role, consider them as potential witnesses.
• 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.
• Prepare for Police Interaction: If the police contact you, cooperate but do not provide any written or verbal statement without your lawyer present. Your lawyer will guide you on how to respond to inquiries without incriminating yourself.

If you are the victim

As the target of a false allegation, you are the victim of a wrongful accusation. Your approach should be twofold: protecting yourself and ensuring your relative gets help.

• Maintain a Detailed Record: Keep a journal documenting every interaction, incident, and instance of support provided. This continuous record can be invaluable in demonstrating a consistent pattern of care, not harassment.
• Consider the Relative’s Welfare: While defending yourself, explore legal options to ensure your relative receives the necessary medical attention under the Mental Healthcare Act, 2017. This demonstrates your genuine concern and shifts the focus to their health needs.
• 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.
• Legal Action for False Complaint: Once you are cleared of the false allegations, your lawyer can advise you on potential legal recourse, such as filing a complaint for defamation or for lodging a false report with the police.

How the police behave in such cases

The police are typically the first authority to deal with such matters. In cases involving family disputes, especially where mental illness is a known factor, their approach can vary. While they are obligated to register a First Information Report (FIR) if a cognizable offense is prima facie disclosed, they may opt for a preliminary inquiry first. This involves speaking to both parties, verifying the immediate facts, and assessing the credibility of the complaint. The presence of documented mental illness will likely make them more cautious before taking formal action like an arrest.

FAQs people normally have

Should we approach the police proactively or wait?
It is generally advisable to wait until you are formally contacted by the police. Approaching them proactively could be misinterpreted. However, your lawyer might suggest sending a formal representation to the senior police officials, detailing the facts, the history of mental illness, and your supportive role, along with documentary evidence. This can provide context to the authorities if a complaint is indeed filed.

Will the relative’s mental health history affect the legal process?
Absolutely. The mental health history is a critical factor. The credibility of the complainant’s statement will be assessed in light of their medical condition. The medical records you provide will be crucial evidence for the police and the courts. The focus may shift from a purely criminal investigation to ensuring the welfare of the person with the mental illness.

Is anticipatory bail recommended in this situation?
Anticipatory bail is a precautionary measure. It is not always necessary to apply for it immediately. Your lawyer will assess the situation. If the complaint alleges a serious, non-bailable offense and there is a reasonable apprehension of arrest, applying for anticipatory bail under Section 482 of the BNSS is a prudent step to protect your liberty.

What evidence is required?

A strong defense relies on solid evidence. You should focus on collecting:

• Medical Proof: All documents from doctors, hospitals, and mental health facilities.
• Financial Proof: Bank statements showing regular transfers, receipts for medical bills, and other expenses paid on behalf of the relative.
• Witness Testimony: Statements from other family members, neighbors, or friends who are aware of the situation and can attest to your supportive role.
• Communication Records: A file of messages and emails showing a positive and caring relationship.

How long will the investigation take?

The timeline for a police investigation can vary significantly. A preliminary inquiry might conclude within a few weeks. If an FIR is registered, the investigation period is guided by the BNSS. While the code sets timelines, practical delays are common. If the case proceeds to trial, the entire legal process can unfortunately take several years to conclude. Patience and persistent follow-up through your lawyer are key.

Advocate Sudhir Rao, Supreme Court of India