A family from the city of Suryanagar found themselves in a distressing situation. They were being relentlessly harassed by their extended relatives over a property dispute. The relatives, led by a cousin named Mr. Alok, continuously sent unknown individuals to their home at odd hours, demanding they relinquish their share in an ancestral property. After enduring weeks of this intimidation, the family, headed by Mr. Sameer, filed a formal police complaint at the local Janakpuri police station, seeking protection and an end to the harassment. However, the situation escalated when Mr. Alok used his influence to involve a senior police official, Inspector Chauhan, from the same station. Inspector Chauhan began calling Mr. Sameer’s family, not to investigate their complaint, but to pressure them into a “compromise” and withdraw their case. This abuse of power by a police officer left the family feeling helpless and more vulnerable than before.

Advice in such cases

Facing harassment from family is emotionally draining, and when law enforcement seems to be siding with the aggressors, it can feel like a complete betrayal of trust. Here is some immediate advice:

• Avoid any direct or unrecorded communication with the harassing parties or the compromised police officer. Do not agree to any “off-the-record” meetings or settlements.
• Document every single incident. Note the date, time, nature of the harassment, and the names of any individuals involved or witnesses present. Keep a log of calls, messages, and visits.
• Ensure your home is secure. If possible, install CCTV cameras facing the entrance of your property. This can serve as crucial evidence and a deterrent.
• 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

The Indian legal system, under the new Bharatiya Nyaya Sanhita (BNS), has specific provisions to deal with such situations:

• Section 351 of BNS (Criminal Intimidation): This section applies when someone threatens another with injury to their person, reputation, or property, to cause alarm or to compel them to do an act they are not legally bound to do. The actions of the relatives sending people to intimidate the family fall under this.
• Section 345 of BNS (Extortion): If the harassment involves demands for property or valuable security under threat, it can be classified as extortion.
• Section 77 of BNS (Stalking): If the harassment includes repeated following, contacting, or attempting to contact, despite clear indication of disinterest, it can be considered stalking.
• Section 202 of BNS (Public servant disobeying direction of law): This section can be invoked against the police officer who is misusing his official position to harass you or help the accused, thereby intentionally causing you injury.

If you are the complainant

If you have already filed a complaint and are now facing pressure from the police themselves, you have further recourse:

• Do not withdraw your complaint. Doing so will weaken your position and may embolden the harassers.
• File a written complaint against the concerned police officer (Inspector Chauhan in this scenario) with his senior officer, such as the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of the district. Detail the officer’s misconduct and how he is trying to influence the case.
• Under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if the police refuse to register your FIR or are not investigating properly, you can send the substance of your complaint in writing and by post to the Superintendent of Police concerned.
• Your advocate can also file a private complaint directly before the Magistrate under Section 221 of the BNSS, detailing both the harassment by the relatives and the misconduct by the police officer.
• 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

As a victim, your safety and the preservation of evidence are paramount:

• Preserve all evidence of harassment. This includes saving threatening text messages, recording phone calls (where legally permissible), and saving CCTV footage.
• Inform trusted neighbours or friends about the situation so they can act as witnesses if needed.
• If you feel your life is in immediate danger, do not hesitate to call the police emergency helpline. Even if a local officer is compromised, a call to the control room is officially logged and requires a response.
• 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 cases involving family disputes, police behaviour can vary. Some officers may act professionally and enforce the law. However, it is not uncommon to encounter officers who, due to influence, corruption, or a desire to avoid complex paperwork, may exhibit certain behaviours. They might try to push for an informal “settlement” or “compromise,” often siding with the more influential party. They may delay the registration of an FIR (First Information Report) or conduct a lukewarm investigation. It is important to remember that such behaviour is not sanctioned by law, and you have the right to escalate the matter to higher authorities within the police department and to the judiciary.

FAQs people normally have

What evidence is required?

Strong evidence is key to building a successful case. You should try to collect:

• Digital Evidence: Screenshots of threatening messages (from SMS, WhatsApp, etc.), call recordings, and emails.
• Video/Audio Evidence: CCTV footage of people trespassing or creating a nuisance near your home. Audio recordings of threatening conversations.
• Documentary Evidence: Copies of any complaints you have filed, and a detailed log of all incidents of harassment.
• Witness Testimonies: Statements from neighbours, friends, or other family members who have witnessed the harassment.

How long will the investigation take?

The timeline for a police investigation is not fixed and can vary greatly depending on several factors, including the complexity of the case, the amount of evidence available, and the cooperation of the parties involved. While the new BNSS aims to streamline procedures, delays can still occur. Filing a complaint with senior officers or moving the court through a lawyer can often help in expediting the investigation process and ensuring that it is conducted fairly and impartially.

Advocate Sudhir Rao, Supreme Court of India