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

This case dates back to a few years ago. A contentious land dispute existed between Mr. Ajay’s family and their neighbours, the Verma family, in the town of Devgarh. A court had issued a stay order, prohibiting any activity on the disputed property. Taking advantage of the fact that Ajay’s parents were out of town for medical treatment, Mr. Verma initiated construction on the land. Alerted by local residents, Ajay and his parents rushed back home.

Upon their arrival early in the morning, they waited until the construction workers appeared around 9 AM. They informed the workers about the ongoing legal dispute and the stay order, prompting the workers to leave. Enraged by this, Mr. Verma and his associates began pelting stones at Ajay’s house, causing significant damage to windows and property over several hours. Later that afternoon, when Ajay’s cousin, Ms. Rina, was heading to a local shop, the neighbours intercepted and assaulted her on the street. A bystander quickly informed Ajay’s family.

Hearing this, Ajay rushed to the scene, rescued his cousin, and brought her back home. He, along with Rina and his parents, immediately went to the local police station to file a complaint. To their surprise, Mr. Verma and his sister arrived at the station at the same time. The police made Ajay’s family wait for hours while they attended to the Vermas’ complaint first.

After a long wait, the police called Ajay into a room where Mr. Verma’s sister was present. When asked who assaulted her, she pointed directly at Ajay. The police officers then physically assaulted Ajay, causing multiple injuries, and took him into custody. The next day, he was formally charged under several sections of the law and sent to judicial custody, where he spent 13 days for a crime he did not commit before securing bail.

Ajay’s father, a retired advocate in his seventies, did his best to present the facts to the police. They provided CCTV footage that clearly showed Ajay was at home for the entire day, only stepping out when he was informed about the assault on his cousin. The police took the pen drive containing the footage but failed to provide any official receipt. Months later, the police filed a chargesheet, falsely claiming the recovery of a blade allegedly used by Ajay in the attack and citing three fabricated witnesses who claimed to have seen him commit the crime.

For two years, the case saw no progress. Ajay, who works in another state, was summoned for a bail hearing and is currently on bail. He has recently consulted a High Court advocate to file a petition to quash the false FIR. Given the multiple cases filed by both parties over the land dispute, gathering all necessary documents is the current priority before proceeding. The entire ordeal was evidently a fabrication, exacerbated by the political connections of the Verma family. During his time in jail, Ajay was threatened and physically assaulted by inmates connected to the opposing party. This experience has left him disillusioned with the justice system and concerned about the impact on his career.

Advice in such cases

Navigating a situation involving false accusations and property disputes can be overwhelming. It is a battle fought on two fronts: one in the court of law and the other against social prejudice. Here are some crucial steps to take:

• Preserve All Evidence: Immediately secure any evidence that can prove your innocence. This includes CCTV footage, call data records, messages, emails, and testimonies from neutral witnesses. Create multiple copies of digital evidence.
• Document Everything: Maintain a detailed timeline of events. Note down dates, times, names of people involved, and exactly what happened. This will be invaluable for your lawyer.
• * Do Not Engage Directly: Avoid any direct confrontation or communication with the opposing party. Let all communication be handled through your legal counsel to prevent further escalation or misinterpretation.
  
• * Medical Examination: If you or any family member has been assaulted or injured, get a medical examination done at a government hospital immediately to document the injuries.
  

Applicable Sections of Law

The charges mentioned in the original post were under the Indian Penal Code (IPC). Under the new Bharatiya Nyaya Sanhita (BNS), 2023, the corresponding sections would be:

• Section 109, BNS: Replaces Section 307, IPC for Attempt to Murder.
• Section 146, BNS: Replaces Section 341, IPC for Wrongful Restraint.
• Section 115(1), BNS: Replaces Section 323, IPC for Voluntarily Causing Hurt.
• Section 276, BNS: Replaces Section 294, IPC for Obscene Acts.
• Section 73, BNS: Replaces Section 354, IPC for Assault on a woman with intent to outrage her modesty.
• Section 75, BNS: Replaces Section 354B, IPC for Assault with intent to disrobe a woman.
• Section 351(2), BNS: Replaces Section 506, IPC for Criminal Intimidation.
• Section 3(1), BNS: Replaces Section 34, IPC regarding acts done by several persons in furtherance of a common intention.

If you are the complainant

If you are the one lodging a genuine complaint, follow these steps to ensure your case is strong:

• Immediate Reporting: Go to the police station as soon as possible. Delay in reporting can sometimes weaken a case.
• Written Complaint: Provide a clear, detailed, and chronological written complaint. If you cannot write, the police officer is obligated to write it down for you as you narrate it.
• Provide Evidence: Submit all evidence you have, such as photos, videos, or medical reports. Mention any witnesses who saw the incident.
• Get a Copy of the FIR: It is your right to receive a copy of the First Information Report (FIR) for free.
• 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 you are falsely accused, as in the case of Mr. Ajay, your strategy needs to be defensive and proactive:

• 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.
• Gather Exculpatory Evidence: Your primary goal is to collect evidence that proves your innocence. An alibi is the strongest defense. This includes CCTV footage showing you elsewhere, call records, location data, and witness statements confirming your alibi.
• Anticipatory Bail: If you anticipate an arrest based on a false complaint, you can apply for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Quashing the FIR: Your lawyer can file a petition in the High Court under Section 529 of the BNSS to quash the FIR. This is effective if you have strong evidence proving the complaint is malicious and an abuse of the legal process.
• File a Counter-Complaint: You can file a counter-complaint against the accusers for filing a false case, perjury, and defamation. This can be done after you are acquitted of the false charges.

How the police behave in such cases

In property disputes that escalate into criminal cases, it is common to see cross-complaints being filed where both parties accuse each other. Police behaviour can vary greatly and may sometimes be influenced by external pressures, such as political connections or corruption. They may show bias, delay registering one party’s FIR, or conduct a one-sided investigation. It is crucial to have a competent lawyer who can interact with the police, ensure your evidence is officially on record, and escalate the matter to senior police officials or the courts if the local police are uncooperative.

FAQs people normally have

What evidence is required?

For the accused, the most critical evidence is anything that establishes an alibi or contradicts the complainant’s story. This includes:

• CCTV footage from your home, office, or public places.
• Call Data Records (CDR) and tower location data from your mobile service provider.
• Witnesses who can testify to your whereabouts at the time of the alleged incident.
• Any documentary evidence that exposes the complainant’s motive for filing a false case, such as records of the ongoing property dispute.

How long will the investigation take?

According to the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are expected to complete their investigation in a timely manner. For serious offenses, the chargesheet is generally required to be filed within 90 days of the arrest. However, investigations can be complex and face delays. Your lawyer can file applications in court to expedite the process if there is an unreasonable delay from the police.

Advocate Sudhir Rao, Supreme Court of India