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

Mr. Anand Sharma and his family, residing in the city of Devgarh, found themselves in a distressing and escalating situation with their neighbours, the Verma family. The conflict, which had been simmering for months, recently intensified, leaving the Sharma family feeling threatened and helpless in their own home.

The Verma family allegedly began a campaign of harassment. They would systematically park their vehicles, including a scooter, a car, and an old commercial vehicle, directly in front of the Sharma family’s main gate and along their boundary wall. This action effectively blocked their entry and exit at all hours. Furthermore, household waste was repeatedly dumped at their doorstep, creating an unsanitary and disrespectful environment. The neighbours also took to washing their vehicles right against the shared boundary wall, causing water seepage and potential structural damage to the Sharma’s property.

The harassment extended beyond property-related issues. A CCTV camera was installed on the Verma’s property, positioned in a way that it captured the interiors of the Sharma’s home, constituting a severe invasion of their privacy. Plants that the Sharma family had planted along the kerb, following a municipal beautification drive, were uprooted. The situation turned uglier with verbal abuse; Mr. Sharma’s wife and daughter were subjected to vile, obscene language and baseless accusations. During one heated altercation, a brick was allegedly thrown towards Mrs. Sharma, causing a minor injury. In another alarming incident, the neighbours allegedly attempted to physically restrain and drag Mr. Sharma during an argument.

Despite informing the local police, who intervened temporarily, the harassment would cease for a few hours only to resume with the same intensity. The Sharma family felt trapped, facing constant humiliation, threats, and fear, prompting them to seek comprehensive legal guidance to protect their rights and safety.

Advice in such cases

• Document Everything: Keep a detailed log of every incident. Note the date, time, nature of the harassment, and any witnesses present. Take clear photographs and videos of the blocked gateway, garbage dumping, property damage, and the intrusive CCTV camera. This documentation is crucial evidence.

• Secure Your Family: Prioritize the safety of your family members. Avoid direct confrontations, especially when alone or outnumbered. If possible, install your own security cameras (pointing towards your property) to record any illegal activities.

• Medical Examination: If any physical harm or injury occurs, no matter how minor, immediately visit a government hospital for a Medico-Legal Case (MLC) report. This is vital evidence of assault.

• Formal Police Complaint: Do not rely on verbal complaints. File a formal written complaint (First Information Report – F.I.R.) at your local police station. If the police are hesitant to file an F.I.R., you can send a written complaint to the Superintendent of Police (SP) or a higher-ranking officer via registered post. You also have the option to file a private complaint before the Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• 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

Several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023 can be invoked in such a scenario:

• Section 320 (Mischief): For acts like dumping garbage, damaging the wall, and uprooting plants, which cause wrongful loss or damage to your property.

• Section 338 (Criminal Trespass): If they enter your property without permission.

• Sections 114 & 115 (Hurt and Grievous Hurt): Applicable for the act of throwing a brick and causing injury.

• Section 351 (Criminal Intimidation): For threatening your family with injury to their person, property, or reputation.

• Section 352 (Word, gesture or act intended to insult the modesty of a woman): For using obscene language and gestures towards female family members.

• Section 290 (Public Nuisance): For acts that cause common injury, danger, or annoyance to the public or people in the vicinity, such as blocking a public way or creating unsanitary conditions.

• Section 70 (Voyeurism): For installing a CCTV camera that intrudes upon the privacy of your home and captures private acts without consent.

• Section 356 (Wrongful Restraint): For obstructing your way and preventing you from proceeding in any direction you have a right to proceed.

If you are the complainant

• Be Precise and Factual: When drafting your complaint, stick to the facts. Clearly mention the sequence of events, specific actions of the accused, and the harm caused. Avoid emotional or exaggerated language.

• Submit All Evidence: Attach copies of all evidence—photographs, video clips (in a pen drive), medical reports, and a list of witnesses—with your written complaint.

• Follow Up: After filing the F.I.R., obtain a copy of it, which is your right. Regularly follow up with the Investigating Officer (IO) on the progress of the investigation.

• Explore Civil Remedies: Alongside criminal proceedings, you can file a civil suit for a permanent injunction to restrain your neighbours from committing these acts of nuisance and harassment.

• 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

• Stay Calm and Resilient: Facing such harassment is mentally taxing. It is important to stay strong and not give in to provocation. Your calm and systematic approach will be more effective in the long run.

• Build a Support System: Inform trusted friends, relatives, or other neighbours about the situation. Their testimony can be valuable, and their support can be a source of strength.

• Understand Your Rights: Familiarize yourself with your legal rights. Knowing the law empowers you to deal with the police and the legal system more confidently.

• 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

Police response in neighbour disputes can vary. Initially, they may treat it as a minor, non-cognizable issue and attempt to mediate a compromise between the parties to maintain peace in the locality. They might summon both parties to the station for a “counselling” session. However, if the complaint details serious cognizable offenses like assault, criminal intimidation, or outraging the modesty of a woman, they are duty-bound to register an F.I.R. and investigate. Persistence and a well-documented complaint are key to ensuring the police take formal action. If the local police are unresponsive, escalating the matter to senior officers is the correct procedure.

FAQs people normally have

What evidence is required?

Strong evidence is the backbone of any legal case. You will need:

• Photographs and videos of the blocked gate, dumped garbage, property damage, etc.

• CCTV footage from your own cameras capturing the harassment.

• Medico-Legal Case (MLC) report in case of physical injury.

• Statements from eyewitnesses (other neighbours, family members, visitors).

• A detailed diary or log of all incidents.

• Copies of any previous police complaints, if any.

How long will the investigation take?

The duration of a police investigation can vary significantly. As per the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the investigation should be completed in a timely manner. For most offenses, the police are expected to file a final report (charge sheet) before the court within 90 days. However, the timeline can be influenced by factors like the complexity of the case, the collection of evidence, the cooperation of witnesses, and the workload of the police. A lawyer can help in filing applications to expedite the process if there are undue delays.

Advocate Sudhir Rao, Supreme Court of India