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

Mr. Ramesh Kumar, a retired government employee, and his son, Mr. Sameer, had invested their life savings into a 2500 sq. ft. plot of land in a developing area of Pratapgarh city. They possessed all the necessary legal documents, including a registered sale deed, the mutation certificate in their name, and property tax receipts paid up to the current year. However, their dream of building a home turned into a nightmare. Whenever they attempted to start construction or even erect a boundary wall, a group of local thugs led by a man named Vikram would arrive, threaten them with dire consequences, and force them to stop the work. On one occasion, they verbally abused and intimidated the elderly Mr. Kumar, an incident Sameer managed to record on his phone. Frustrated and scared, they submitted written complaints to the local police station, the Superintendent of Police, and even the Senior Superintendent of Police, but no action was taken. They suspected that Vikram had significant influence over the local police, leaving them feeling helpless and vulnerable.

Advice in such cases

Facing such a situation can be daunting, but the law provides a clear path forward. It is crucial to act systematically and not give in to threats or illegal demands.

• Compile Your Documents: Keep all original ownership documents handy, along with multiple certified copies. This includes the sale deed, mutation records, and the latest tax receipts.
• Document Everything: Maintain a detailed log of every incident. Note the date, time, names of the individuals involved (if known), and the specific threats made. Preserve any video, audio, or photographic evidence securely.
• File a Formal Police Complaint: Draft a comprehensive written complaint detailing the trespass, threats, and intimidation. Submit it to the Officer-in-Charge of your local police station and insist on a receiving copy (a stamped acknowledgment).
• Approach Senior Police Officials: If the local police do not register a First Information Report (FIR), send a copy of your complaint via Registered Post A.D. to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of your district, as mandated by Section 154(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Petition the Magistrate: If the police still fail to act, your next step is to file an application under Section 156(3) of the BNSS before the local Magistrate. The court can direct the police to register an FIR and investigate the matter.
• Seek Civil Remedies: Simultaneously, file a civil suit for a permanent injunction in the appropriate civil court. This will seek a court order legally restraining the troublemakers from entering or interfering with your possession of the property. The court can grant a temporary injunction at the initial stage to provide immediate protection.
• 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

Your complaint can invoke several provisions of Indian law, primarily under the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS).

• Section 328 of BNS (Criminal Trespass): For unlawfully entering your property with the intent to intimidate, insult, or annoy you.
• Section 350 of BNS (Criminal Intimidation): For threatening you or your family with injury to person or property.
• Section 303 of BNS (Extortion): If the goons are demanding money or any valuable to allow you to work on your own land.
• Section 341 of BNS (Wrongful Restraint): For obstructing you from accessing or working on your property.
• Section 154 of BNSS: The provision for lodging an FIR for cognizable offences.
• Section 156(3) of BNSS: The provision that empowers a Magistrate to order a police investigation.

If you are the complainant

As the person filing the complaint, your role is to be proactive and organized.

• Be Precise: Your complaint should clearly state the sequence of events, names of the accused (if known), names of witnesses, and a list of the evidence you possess.
• Preserve Evidence Chain: Keep your video evidence, photographs, and any threatening messages safe. Make multiple backups. Do not edit or tamper with the original files.
• Follow Up Diligently: Keep track of your complaint number (Diary/Dispatch number). Follow up with the police authorities regularly and maintain a record of your visits or calls.
• 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 or your family members are the direct targets of threats and abuse, your safety is the priority.

• Avoid Confrontation: Do not engage in arguments or physical altercations with the aggressors. Your goal is to collect evidence, not to escalate the situation on the ground.
• Inform Your Network: Make sure your relatives, trusted friends, and neighbours are aware of the situation. Their testimony can be valuable later.
• Prioritize Safety: If threats are serious, consider installing CCTV cameras on your property and in the surrounding area if possible. Always visit the property with other people, never alone.
• 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

It is a known issue that police sometimes show reluctance in property-related matters, especially when local strongmen are involved. They might label it a “civil dispute” to avoid registering a criminal case. They may delay the FIR, pressure you for a “compromise,” or conduct a superficial inquiry. This is precisely why the law provides a hierarchical remedy. If the local station is uncooperative, the law empowers you to approach the SP and then the Magistrate. Do not be discouraged by initial police inaction; it is often a part of the process that can be overcome with persistent and legally sound steps.

FAQs people normally have

What evidence is required?

The stronger your evidence, the stronger your case. You will primarily need two types of evidence:

• Evidence of Ownership: A certified copy of the registered Sale Deed is paramount. Supporting documents like the mutation certificate, property tax receipts, and any previous chain of title documents are also crucial.
• Evidence of Offence: This includes the video/audio recording of the threats, photographs of the trespassers, and copies of all police complaints you have filed. The testimony of eyewitnesses (family members, neighbours, labourers) is also a powerful form of evidence.

How long will the investigation take?

The timeline can vary significantly. While the BNSS provides guidelines for the completion of investigations, delays are common. An investigation directed by a court under Section 156(3) BNSS often moves faster as the police have to submit periodic status reports to the Magistrate. A civil suit for an injunction can offer quicker relief in the form of an immediate temporary stay order, which can be granted within a few days or weeks, restraining the other party while the case proceeds.

Advocate Sudhir Rao, Supreme Court of India