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

A family residing in the “Harmony Apartments” in the city of Alipur was faced with a distressing situation. They had put their child’s name forward for a cultural performance for the upcoming Republic Day function. A few days before the event, the society secretary, Mr. Ramesh Kumar, abruptly informed them via a message that their child could not participate.

However, another event coordinator, Ms. Sunita, who was training the children, arranged for them to perform at a function in the adjacent “Sunrise Towers” society, ensuring the children were not disappointed. This decision appeared to create friction between some residents. The family was slightly late in reaching the event. After the function on January 26th, Mr. Kumar sent threatening messages in the society’s WhatsApp group, stating he would file a police complaint against the family for this act.

True to his word, a couple of days later, the family received a phone call from the local Vasant Nagar police station, summoning them in connection with a complaint filed by Mr. Kumar. This escalation from a minor society dispute to a police matter left the family confused and seeking guidance on their legal standing.

Advice in such cases

When faced with a frivolous or malicious complaint, especially one stemming from a neighbourly dispute, it is crucial to act calmly and strategically.

• Stay Calm and Composed: Do not react angrily or engage in a war of words with the complainant. Your calm demeanour is your strength.
• Document Everything: Preserve all communication. Take screenshots of the WhatsApp threats, save any relevant emails or messages, and note down the dates and times of all incidents.
• Avoid Direct Confrontation: Do not try to resolve the matter by arguing with the society secretary. Since they have already involved the police, any further direct communication can be misconstrued.
• 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

While the complaint itself may be baseless, the actions of the secretary could attract certain provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 351, BNS (Criminal Intimidation): Threatening to file a police complaint to cause alarm or harass someone can be construed as criminal intimidation. The WhatsApp messages serve as direct evidence of this.
• Section 245, BNS (False Information): Knowingly providing false information to a public servant (the police) with the intent to make them use their lawful power to injure or annoy another person is a punishable offence. If the complaint filed by the secretary is found to be baseless and malicious, this section could apply.
• Section 356, BNS (Defamation): If the secretary has made false allegations publicly (e.g., in the society group) that harm your reputation, it could amount to defamation.

If you are the complainant

If you are in the position of the society secretary and have a grievance, involving the police for such trivial matters is an abuse of the legal process. The appropriate course of action would be to handle it as a civil or society-level dispute. Filing a police complaint for a child’s participation in a cultural event is not a valid criminal matter and can expose you to legal action for harassment and filing a false complaint.

If you are the victim

As the family receiving the police call, here are the recommended steps:

• 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.
• Visit the Police Station: Do not ignore the police call. It is best to visit the station, preferably with your lawyer. Ignoring the summons can lead to unnecessary complications.
• State the Facts Clearly: Calmly and clearly explain your side of the story to the police officer. Present the evidence you have collected, such as the WhatsApp screenshots. Explain that this is a petty dispute arising from a society issue and not a criminal act.
• Do Not Admit Fault: You have done nothing wrong. Do not be intimidated into apologising or admitting to any fault.
• Consider a Counter-Complaint: Based on your lawyer’s advice, you may consider filing a counter-complaint against the secretary for criminal intimidation and harassment under the relevant sections of the BNS.

How the police behave in such cases

Police officers are often burdened with serious criminal cases and generally do not appreciate their time being wasted on trivial civil or personal disputes. In a situation like this, the police are likely to:

• Recognize the issue as a non-cognizable, petty dispute.
• Attempt to mediate between both parties and encourage a compromise to close the matter.
• Take a written statement from both you and the complainant.
• Advise the complainant that this is not a police matter and should be resolved within the society or in a civil court.
• Unless there is evidence of a cognizable crime, they will likely not file a First Information Report (FIR) and will close the complaint after a preliminary inquiry.

FAQs people normally have

What evidence is required?

The most crucial evidence will be the digital communications. This includes:

• Screenshots of the WhatsApp messages where the secretary threatened to file a police complaint.
• Any prior communication regarding the child’s participation.
• Statements from other parents or the event coordinator (Ms. Sunita) who can corroborate your version of events.

How long will the investigation take?

For such a minor complaint, it is highly unlikely that a formal investigation will be launched. The matter will most probably be resolved at the police station level within one or two visits. The police will file a report closing the complaint once they are satisfied that no criminal offence has occurred.

Advocate Sudhir Rao, Supreme Court of India