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

We received a query from a concerned individual whose father, Mr. Ramesh Kumar, a farmer, is facing grave threats and physical assault from his own brother, Mr. Suresh Kumar. The dispute arose after Mr. Ramesh legally purchased a plot of land in his village of Rampur, a property that his influential and wealthy brother also desired.

The situation escalated when Mr. Suresh’s sons ambushed Mr. Ramesh on his newly acquired land. They brutally beat him with wooden sticks, openly shouting threats to kill him and vowing to drive him out of the village where he has lived for over two decades. The family is deeply distressed, fearing that Mr. Suresh will use his wealth and power to influence the police and that future attacks could involve more lethal weapons.

Advice in such cases

• Immediate Medical Examination: The first and most critical step is to take the victim to a government hospital for a medical examination. Obtain a Medico-Legal Certificate (MLC), which will serve as crucial evidence of the assault and injuries sustained.
• File an FIR: Immediately go to the nearest police station and file a First Information Report (FIR) against the assailants. Clearly state all the facts, including the names of the attackers, the weapons used, the threats made, and the names of any witnesses.
• Preserve Evidence: Take clear photographs of the injuries. If there are any witnesses, note down their contact details. Any threatening messages or call recordings should also be preserved.
• Civil Injunction: To protect the possession of the land, you can file a civil suit for a permanent injunction to restrain your uncle and his sons from interfering with your father’s peaceful possession and enjoyment of the property.
• Seek Protection: If the threats continue, you can file an application with the Superintendent of Police (SP) or the court seeking police protection.
• Consult with Lawyer: 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

Under the new Indian criminal laws, several provisions can be invoked in such a case:

• Section 115, Bharatiya Nyaya Sanhita (BNS), 2023: For voluntarily causing hurt. If the injuries are severe (like fractures), Section 116 for voluntarily causing grievous hurt would be applicable.
• Section 351, BNS, 2023: For criminal intimidation. Since the threat was to cause death, it is a serious offence.
• Section 330, BNS, 2023: For criminal trespass, as the accused entered the property to commit an offence.
• Section 189, BNS, 2023: For being a member of an unlawful assembly, if two or more people (the nephews) gathered with the common object of assaulting your father.
• Section 109 read with Section 101, BNS, 2023: If the nature of the attack and the threats indicate a clear intention to kill, a case for attempt to murder can be made out.

If you are the complainant

• Do not delay in reporting the matter to the police. Time is of the essence.
• Gather all relevant documents, including the property’s sale deed, registration papers, and the MLC.
• Provide a clear, chronological account of the events to the police and stick to the facts.
• Keep a copy of the FIR. If the police give you a Community Service Register (CSR) or Diary entry number, ensure it is converted into an FIR.
• Consult with Lawyer: 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

• Your personal safety is paramount. Avoid any confrontation with the aggressors.
• Document every single incident, threat, or act of intimidation, no matter how minor it seems. Keep a diary of events with dates and times.
• Inform trusted relatives or neighbors about the situation so they can act as witnesses if needed.
• Do not be pressured into any “compromise” or “settlement,” especially one that involves giving up your legally owned property.
• Consult with Lawyer: 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 influential individuals, the police may sometimes be hesitant to act promptly. They might try to label it a “civil dispute” or a “family matter” and suggest a compromise. It is important to be firm and insist on your right to register a criminal complaint. If the local police refuse to file an FIR, you have the right to approach the Superintendent of Police (SP) or a higher-ranking officer. As a last resort, a complaint can be filed directly with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, who can then order the police to register an FIR and investigate.

FAQs people normally have

What evidence is required?

The most critical pieces of evidence include the Medico-Legal Certificate (MLC) from a government hospital, photographs of the injuries, testimonies of eyewitnesses, and the property ownership documents. Any video or audio recordings of the incident or subsequent threats would also be powerful evidence.

How long will the investigation take?

The duration of an investigation can vary. However, the BNSS, 2023, has introduced stricter timelines. For offences like the one described, the investigation is expected to be completed within 90 days. An experienced lawyer can file applications in court to monitor the investigation and ensure that it proceeds without undue delay, holding the police accountable for their actions.

Advocate Sudhir Rao, Supreme Court of India