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

Mr. Sameer was driving his car in the city of Anandpur when another vehicle, driven by Ms. Kavita, collided with his. After the incident, Ms. Kavita admitted her mistake and, through a series of WhatsApp messages, offered to pay for the damages. They mutually agreed on a settlement amount of ₹8,000, which was significantly less than the actual repair cost of ₹27,000. Mr. Sameer accepted this in good faith, and Ms. Kavita transferred the money. After the payment, Mr. Sameer had no further contact with her.

To his complete shock, he was later summoned to the local police station. Ms. Kavita had filed a complaint against him, alleging harassment and extortion. At the station, a constable privately informed Mr. Sameer that Ms. Kavita had a history of filing complaints, even against her own family members, and was known to be difficult.

When the Sub-Inspector arrived, Mr. Sameer calmly presented the entire WhatsApp chat history. The evidence clearly showed Ms. Kavita admitting fault, offering the payment, and the final transaction, followed by a complete lack of communication from Mr. Sameer’s side. The Sub-Inspector rightly pointed out to her, “If this was extortion, why did you voluntarily send the money after a phone call?” He initially concluded that it was a simple traffic matter and not a criminal case, stating that no FIR could be registered based on the evidence.

However, the situation took a turn when Ms. Kavita began making threats to escalate the matter to a women’s rights organization. She then made a phone call to someone she claimed was an aide to a local politician and handed the phone to the officer. Despite initially holding his ground, the Sub-Inspector’s stance changed after receiving a call from a senior officer. Under this immense pressure, the officer compelled Mr. Sameer to sign a statement accepting blame for the incident and taking liability for any future harm to Ms. Kavita. His own lawyer advised him that fighting against such well-connected individuals would be a futile and prolonged battle, so he signed the document under duress to end the ordeal.

Advice in such cases

Navigating such a situation where a civil matter is twisted into a criminal complaint can be daunting. The primary goal is to protect yourself from false allegations and potential legal entanglement.

• Stay Calm and Composed: Do not get agitated or aggressive at the police station. Present your side of the story calmly and logically.
• Preserve All Evidence: Digital evidence is your strongest ally. Keep screenshots of all chats, call logs, payment transaction details, and any other communication. Do not delete anything.
• Do Not Sign Anything Under Pressure: You should never be forced to sign a confession or any statement against your will. Politely refuse and state that you wish to consult with your lawyer before signing any documents.
• Document Everything: Make a note of the date, time, names of the officers you interact with, and everything that is said and done at the police station.
• 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

It is crucial to understand the laws that apply to such scenarios under the new legal framework.

• Section 326 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Extortion): This section defines extortion as intentionally putting a person in fear of injury to themselves or another, and thereby dishonestly inducing them to deliver any property. In Mr. Sameer’s case, there was no fear of injury or dishonest inducement; the payment was a voluntary settlement offer made by Ms. Kavita. Therefore, the essential ingredients of extortion are missing.
• Section 235 of the Bharatiya Nyaya Sanhita (BNS), 2023 (False information with intent to cause a public servant to use his lawful power to the injury of another person): This section can be invoked against a person who knowingly gives false information to a public servant (like a police officer) with the intention of causing them to use their power to harm another person. Ms. Kavita’s complaint, being baseless, could fall under this provision.
• Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Criminal Intimidation): If a person threatens another with injury to their reputation or property to cause alarm, it amounts to criminal intimidation. The threats to escalate the matter could be viewed under this section.

If you are the complainant

If you find yourself in Mr. Sameer’s position, where you are falsely accused:

• Gather Your Proof: Systematically arrange all your evidence. This includes chat histories, payment receipts, call records, and details of the initial accident.
• File a Counter-Complaint: If the other party is harassing you with false allegations, you have the right to file a counter-complaint for giving false information to the police and for criminal intimidation.
• Seek Anticipatory Bail: In the unlikely but possible event that the police decide to register an FIR based on the false complaint, you should immediately file for anticipatory bail 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 you are a genuine victim of extortion or harassment following an accident:

• Do Not Give In to Demands: If someone is threatening you and demanding money, do not pay them. Paying them may only encourage further demands.
• Report to the Police Immediately: Go to the nearest police station and file a formal complaint (FIR). Provide them with all the evidence of the threats and demands.
• Record All Interactions: If possible and safe to do so, record any threatening phone calls or conversations. Preserve all threatening messages.
• 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

Police procedure in such matters can vary. Initially, they are supposed to conduct a preliminary inquiry to ascertain if a cognizable offense is made out. In cases like Mr. Sameer’s, an experienced officer can often see through the false allegations, especially when confronted with clear evidence like chat records. However, external pressures from influential people can unfortunately compromise the process. Police may try to broker a “compromise” to close the matter quickly, which can sometimes be unjust to the innocent party. It is your right to insist on a fair investigation based on facts and evidence.

FAQs people normally have

Here are some frequently asked questions in such situations.

What evidence is required?

The most crucial evidence includes:

• Digital communication like WhatsApp chats, SMS, or emails showing the entire conversation.
• Proof of monetary transaction (bank statement, UPI transaction ID).
• Photographs or videos of the accident and the damages.
• Contact details of any eyewitnesses, if available.
• Call recordings, if any threats were made over the phone.

How long will the investigation take?

The duration of a police investigation does not have a strict timeline and can vary greatly. For a simple complaint where evidence is clear, the police may conclude the preliminary inquiry within a few days or weeks. However, if an FIR is registered and the matter becomes complex or involves influential parties, it can take several months. The new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, aims to streamline these processes, but delays can still occur.

Advocate Sudhir Rao, Supreme Court of India