One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me with a distressing situation involving his father Mr. Y, who was obsessed with government employment. Mr. Y had kept his adult child under house arrest in City A, preventing them from pursuing private sector opportunities. The father constantly harassed Mr. X, calling private sector employees derogatory names and threatening to return Mr. X’s degree certificate to the university authorities if they didn’t secure a government job. Mr. Y controlled all financial aspects and social interactions, claiming that only government jobs were respectable. The situation escalated when Mr. Y actually attempted to contact the university registrar to surrender the degree certificate, causing severe mental trauma to Mr. X who had worked hard to earn their qualification.

Advice in Such Cases

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 to 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.

• Document all instances of harassment and threats immediately
• Secure your educational certificates and important documents safely
• Establish your financial independence gradually and safely
• Build a support network of trusted friends and relatives

Applicable Sections of Law

This case involves multiple provisions under the Bharatiya Nyaya Sanhita (BNS):

• Section 115 BNS – Voluntarily causing hurt through mental harassment
• Section 351 BNS – Criminal intimidation and threats
• Section 126 BNS – Wrongful restraint including house arrest
• Section 308 BNS – Extortion through threats to reputation

Under BNSS (Bharatiya Nagarik Suraksha Sanhita), Section 173 allows for filing complaints against family members for such offenses.

If You Are the Complainant

• File an FIR at the local police station documenting the harassment and wrongful restraint
• Approach the magistrate court under Section 173 BNSS for protection orders
• Contact your educational institution to inform them about the situation and secure your certificates
• Gather witness statements from neighbors or relatives who have observed the harassment
• Maintain detailed records of all threats and incidents with dates and times

If You Are the Victim

• Prioritize your immediate safety and seek temporary shelter with trusted relatives if needed
• Contact helplines or counseling services for emotional support during this difficult time
• Document all evidence of harassment including audio recordings where legally permissible
• Inform your educational institution immediately to prevent any unauthorized action on your certificates
• Consider approaching women’s commission if you are a female victim facing gender-based discrimination

How the Police Behave in Such Cases

Police typically treat such matters as family disputes initially and may suggest mediation. However, when clear criminal offenses like wrongful restraint and criminal intimidation are involved, they are bound to register an FIR. Officers may require substantial evidence before taking action against family members. They often recommend counseling sessions first, but persistent harassment and threats to educational credentials make it a serious criminal matter requiring proper investigation.

FAQs People Normally Have

Can parents legally control adult children’s career choices? No, adult children have fundamental rights to choose their profession and cannot be legally forced into specific career paths.

Is threatening to return someone’s degree certificate illegal? Yes, it constitutes criminal intimidation and can be treated as extortion if done to coerce specific behavior.

Can I file a case against my own father? Yes, criminal laws apply equally regardless of family relationships when criminal offenses are committed.

What if my father actually returns my certificate? This would be theft of your property and tampering with educational documents, both serious offenses.

What Evidence Is Required?

• Written threats or messages regarding the degree certificate
• Audio or video recordings of harassment and threats
• Medical records showing mental trauma or physical harm
• Witness statements from neighbors, relatives, or friends
• Documentation of wrongful restraint or house arrest incidents
• Communication records with educational institutions
• Photos or videos showing confinement or restriction of movement

How Long Will the Investigation Take?

Investigation typically takes 2-4 months depending on complexity. Police must complete investigation within 60 days for such cases under BNSS provisions. Court proceedings may extend for 6-12 months. However, interim relief like protection orders can be obtained within weeks of filing the complaint, providing immediate relief from harassment and threats.

Advocate Sudhir Rao, Supreme Court of India