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

This case involves a family facing potential harassment from a mentally unstable former colleague. Mrs. Priya, a retired teacher from a private school in the city of Alipur, is being targeted by her ex-colleague, Ms. Anjali. Their son, Mr. Rohan, who resides in a different city for work, has become aware of the escalating situation and is seeking advice on how to protect his parents, Mrs. Priya and Mr. Sameer.

The information gathered suggests that Ms. Anjali has exhibited extremely erratic and disturbing behavior. She has allegedly harassed other former colleagues, their spouses, and even the parents of students at the school. The allegations are serious, including claims of extortion and blackmail. Law enforcement has reportedly been involved multiple times due to her public disturbances and association with disreputable individuals.

Ms. Anjali’s behavior includes showing up unannounced at people’s homes and creating public scenes by making false and scandalous accusations. A deeply concerning element is her repeated and obsessive mention of Mrs. Priya and Mr. Sameer’s names during these incidents, explicitly stating her intent to “drag them” into her conflicts. Given her unpredictable nature and apparent lack of fear of consequences, the family is justifiably concerned for their safety and peace of mind.

Advice in such cases

When faced with such a volatile and unpredictable threat, taking proactive and legally sound steps is crucial for ensuring your safety and well-being.

• Document Everything: Keep a detailed log of every incident, no matter how minor it seems. Note the date, time, location, what was said or done, and who was present. If Ms. Anjali tries to make contact, record the calls (if legal in your state) or save text messages and emails.
• Gather Information: Discreetly speak with other people who have been harassed by Ms. Anjali. Their collective testimony can strengthen your case and show a pattern of behavior. However, do not engage in any activity that could be construed as vigilantism or harassment yourself.
• Inform the Police: Even if Ms. Anjali has not directly approached your parents yet, you can file a formal complaint or a “Nishani” (information) at the local police station, detailing your fears and the basis for them. This creates a formal record of the threat.
• Install Security Measures: Install CCTV cameras at your parents’ residence. This can act as a deterrent and provide crucial evidence if an incident occurs.
• Avoid All Contact: Instruct your parents to completely cease any communication with Ms. Anjali. They should not answer her calls, respond to her messages, or engage with her in person. If she appears at their home, they should not open the door and should call the police immediately.
• 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 penal laws, several provisions can be invoked in such a scenario:

• Section 314 of the Bharatiya Nyaya Sanita, 2023 (BNS): This section deals with criminal intimidation. If Ms. Anjali threatens your parents with any injury to their person, reputation, or property, it constitutes an offense. The repeated mention of “dragging them” into her issues can be interpreted as a threat.
• Section 77 of the Bharatiya Nyaya Sanita, 2023 (BNS): This section addresses stalking. If Ms. Anjali attempts to contact your parents repeatedly despite clear indications of disinterest, or monitors their movements, it could fall under this section.
• Section 351 of the Bharatiya Nyaya Sanita, 2023 (BNS): This pertains to defamation. If Ms. Anjali is making false and malicious statements about your parents to others, intending to harm their reputation, a complaint for defamation can be filed.
• Section 127 of the Bharatiya Nagarik Suraksha Sanita, 2023 (BNSS): This is a preventive measure. You can approach the Executive Magistrate to initiate proceedings under this section, asking them to demand a security bond from Ms. Anjali for keeping the peace. If she violates the bond, she faces penalties. This is often referred to as “Chapter Proceedings.”

If you are the complainant

As the person initiating the legal process to protect your family, your role is proactive.

• Be the Point of Contact: Since your parents are retired and may find the process stressful, you can act as the primary liaison with the police and legal counsel.
• Draft a Clear Complaint: Work with your lawyer to draft a detailed and chronological complaint. Attach all documented evidence, such as the log of incidents, contact details of other victims, and any saved messages.
• File the Complaint: Submit the complaint to the Senior Superintendent of Police (SSP) or the local police station having jurisdiction over your parents’ residence. Ensure you get a receipt or a diary number for your complaint.
• Follow Up Persistently: Police stations are often overburdened. Regular and polite follow-ups are necessary to ensure your complaint is taken seriously and acted upon.
• 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 are the one being directly targeted, like Mrs. Priya and Mr. Sameer, your priority is safety.

• Prioritize Personal Safety: Do not engage with the harasser. Your safety is more important than confronting them. Limit your movements if you feel unsafe and always inform someone of your whereabouts.
• Preserve Evidence: Keep your phone with you to record any unwanted interactions. Do not delete any messages or call logs from the harasser.
• Cooperate with the Police: Provide a clear and truthful statement to the police when they investigate. Share all the evidence you have collected.
• Seek Support: This is a stressful experience. Lean on family and friends for emotional support. Consider counseling if the harassment is taking a toll on your mental health.
• 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 can vary. Initially, they might be hesitant to act, especially if no direct physical harm or overt act has occurred yet. They may classify it as a non-cognizable offense and advise you to approach the court. However, if you present a well-documented complaint showing a pattern of harassment and a credible threat, they are more likely to take action. They may start by summoning Ms. Anjali for a warning. If the behavior persists, they can register a First Information Report (FIR) under the relevant sections of the BNS or initiate preventive proceedings under the BNSS.

FAQs people normally have

Can we get a restraining order?
In India, the concept of a “restraining order” as seen in Western countries is primarily handled through civil injunctions or preventive actions under the BNSS. A civil court can grant an injunction to prevent the person from contacting you or coming near your property. Alternatively, preventive action under Section 127 of the BNSS serves a similar purpose in the criminal domain by binding the person over for good behavior.

What if the police don’t file an FIR?
If the police refuse to register an FIR for a cognizable offense, you have two primary remedies. You can send a written complaint to the Superintendent of Police (SP) or a higher-ranking officer. If that fails, you can file a private complaint before the Magistrate under Section 220 of the BNSS, who can then order the police to investigate.

Will we have to go to court?
Yes, it is highly likely. Whether you file a civil suit for an injunction or the police file a criminal case, court appearances will be necessary to present your case, provide evidence, and testify. Your lawyer will guide you through this process.

What evidence is required?

Strong evidence is the backbone of any legal action. The more concrete proof you have, the stronger your case will be.

• Digital Evidence: Screenshots of text messages, call logs, social media posts, and recordings of phone calls.
• Witness Testimony: Statements from neighbors, other colleagues, or anyone who has witnessed the harassment.
• CCTV Footage: Video evidence of the person trespassing, creating a nuisance, or attempting to make unwanted contact.
• Documentary Evidence: A copy of the police complaint you filed, and any written threats received.

How long will the investigation take?

The duration of a police investigation and subsequent court proceedings can vary significantly. An investigation can take anywhere from a few weeks to several months, depending on the complexity of the case, the amount of evidence to be collected, and the workload of the investigating agency. The subsequent court case can take much longer. However, for preventive actions under the BNSS or for an urgent injunction from a civil court, the initial relief can be obtained relatively quickly.

Advocate Sudhir Rao, Supreme Court of India