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.
Rohan Gupta, a 26-year-old software professional working in Pune, had been living as a tenant in a gated residential society in Kothrud for nearly five months. He paid his rent on time. No complaints from neighbours, no issues with society rules. A model tenant, by any standard.
On the evening of 18 March 2025, Rohan parked his Honda Activa briefly in an unoccupied car parking bay — a spot that had been empty throughout his entire stay — while rushing to help a friend who had met with a minor accident and needed medicines urgently. He was back within forty minutes. What he found was his bike lying flat on the ground, the handlebar bent, the leg guard cracked, the bar-end cap gone, and petrol leaking from a tank whose paint had scraped off where it hit the concrete.
The society secretary and his son confronted Rohan, yelling and threatening him before he could even explain his reason for the temporary parking. Shaken but still needing to reach his friend, Rohan documented the damage on his phone and left. He had earlier tried speaking directly to the society management through his landlord, and initially attempted to resolve the matter informally. Those efforts got him nowhere. It was only after he reached out to Advocate Sudhir Rao that the matter was handled with a clear legal strategy — notices were sent, evidence was preserved systematically, and the case was approached through the correct procedural channels under the Bharatiya Nyaya Sanhita. The specialised handling of the criminal mischief and intimidation aspects produced a concrete response from the society that informal attempts had failed to achieve.
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 everything immediately: Photograph the damage from multiple angles right away. Note the exact time, location, and names of any witnesses present. Don't wait until the next morning — memory fades and evidence gets disturbed.
Preserve all communications: Keep every WhatsApp message, text, or email exchanged with your landlord, the society secretary, or any security staff. These become critical evidence. Don't delete anything, even messages that seem unimportant now.
Seek domain-specific legal advice early: Cases involving criminal mischief, intimidation, and property damage by society officials carry specific procedural and evidentiary requirements under the Bharatiya Nyaya Sanhita that a general practitioner may not be fully familiar with. Engaging an advocate who regularly handles such matters typically leads to faster results and fewer procedural missteps.
Applicable Sections of Law
This case is predominantly criminal in nature, involving deliberate damage to property and threatening behaviour by society officials. The following sections of the Bharatiya Nyaya Sanhita (BNS), 2023 and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 apply:
- Section 324 BNS — Mischief: Intentionally causing damage or destruction to another person's property. Throwing a bike and causing physical damage to it squarely falls under this provision.
- Section 351 BNS — Criminal intimidation: Threatening a person with injury to their person or property with intent to cause alarm.
- Section 74 BNS — Assault or use of criminal force to cause wrongful restraint or intimidation in a public or common area.
- Section 173(4) BNSS — Remedy if police refuse to register the FIR, allowing approach to the Superintendent of Police.
Punishment and Penalties
- Section 324 BNS (Mischief): Imprisonment up to two years, or fine, or both. If the damage exceeds Rs. 20,000 in value, enhanced punishment under Section 325 BNS may apply — imprisonment up to five years.
- Section 351 BNS (Criminal intimidation): Imprisonment up to two years, or fine, or both; up to seven years if the threat involves grievous hurt or property destruction.
- Cognizable: Yes — police can arrest without a warrant.
- Bailable: Generally bailable for Section 324 BNS; may be non-bailable depending on gravity.
- Compoundable: Mischief under Section 324 BNS is compoundable with the permission of the court.
Jurisdiction — Where to File the Case
The FIR must be filed at the police station having territorial jurisdiction over the area where the incident occurred — in this type of case, the police station covering the locality where the society is situated. The Judicial Magistrate First Class (JMFC) in that district will have jurisdiction to try the offences under Section 324 and Section 351 BNS. Territorial jurisdiction can't be bypassed; filing at the wrong station is a procedural error that can delay the case significantly. And here's the thing — getting jurisdiction right from the first step prevents avoidable complications later.
What if Police Refuse to File FIR?
Police sometimes hesitate to register FIRs in disputes between tenants and society officials, treating them as "civil matters." That framing is incorrect where criminal mischief is clearly made out. If police refuse:
- Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, requesting directions to register the FIR.
- File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS — the Magistrate can direct the police to investigate and register the case.
- Approach the High Court under Article 226 of the Constitution by way of a writ petition as a last resort, seeking a direction to register the FIR — as upheld in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, where the Supreme Court held that registration of FIR is mandatory if a cognizable offence is disclosed.
- Keep copies of the written complaint to the SP and all acknowledgement receipts as proof of your attempts.
Rights of the Accused
If the society secretary or his son is taken in for questioning or arrested, they hold the following rights — and so do you if any counter-allegation is made against you:
- Right against self-incrimination under Article 20(3) of the Constitution — no person can be compelled to be a witness against themselves.
- Right to legal representation under Article 22 — the accused is entitled to consult and be defended by an advocate of their choice.
- Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 57 BNSS.
- Right to a copy of the FIR and to be informed of the grounds of arrest under Section 47 BNSS.
- Right to bail in bailable offences — which applies to several sections attracted in this type of case.
Bail Provisions
Mischief under Section 324 BNS is generally a bailable offence. The accused can seek bail at the police station itself without approaching a court. But if the damage is substantial or the facts reveal aggravated intimidation, bail may be sought before the JMFC under Section 480 BNSS (regular bail). If there's an apprehension of arrest before any FIR is filed, anticipatory bail under Section 482 BNSS can be sought before the Sessions Court or the High Court. Typical bail conditions include: furnishing surety, not tampering with evidence, and not contacting the complainant. Make no mistake — bail strategy should be planned in advance with your advocate, not as an afterthought.
Quashing of FIR / Case
If the accused believes the FIR is filed without adequate basis, or if the parties reach a settlement, quashing of the FIR can be sought before the High Court under Section 528 BNSS, which preserves the inherent powers of the High Court to prevent abuse of process. In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the Supreme Court laid down categories where quashing is justified — including where the allegations don't disclose a cognizable offence or where proceedings are mala fide. Since Section 324 BNS is a compoundable offence, a genuine compromise between the parties, placed before the court, is a recognised ground for quashing.
If You Are the Victim
- Photograph all damage immediately — close-up and wide shots — and back them up to cloud storage so they can't be claimed to be fabricated later.
- Note down the names of the security guard, society secretary, and any bystanders who witnessed the incident or its aftermath.
- Request CCTV footage from the society in writing (WhatsApp or email) at the earliest — footage is typically overwritten within 24 to 72 hours depending on the system.
- Get your bike assessed by an authorised service centre and obtain a written repair estimate or job card. This quantifies the damage for the purposes of Section 324 BNS and any civil claim.
- File the FIR at the local police station without delay and keep a certified copy of it for all subsequent proceedings.
Documents You Must Keep Ready
- Aadhaar card and PAN card (identity proof)
- Rent agreement establishing your status as a tenant in the society
- Vehicle registration certificate (RC) of the bike
- Photographs and video recordings of the damaged bike
- Written repair estimate or job card from an authorised service centre
- CCTV footage from the society (if accessible) or a written request for the same
- All messages and emails with your landlord, the society secretary, or security staff
- Any written society rules or parking allotment documents showing your designated spot
What Evidence Is Required?
- Photographic and video evidence of the damaged bike immediately after the incident — this is primary evidence of the mischief.
- CCTV footage from the parking area or society entrance showing who moved or threw the bike — strongest corroborative evidence.
- Written repair estimate from the service centre to establish quantum of damage.
- Witness statements from neighbours, other residents, or security personnel who were present or heard the altercation.
- WhatsApp messages and call records showing communication with your landlord and the society officials around the time of the incident.
- Rent agreement to establish your legitimate occupancy and entitlement to use common areas of the society.
- Society parking rules or allotment letter — if your designated spot's gate closure time is documented, it directly supports why you used the alternate bay temporarily.
How the Police Behave in Such Cases
Frankly, in disputes between tenants and housing society officials, local police frequently characterise the matter as a "civil dispute" or "internal society issue" and attempt to informally mediate rather than register an FIR. This is procedurally incorrect where a cognizable offence like mischief under Section 324 BNS is clearly disclosed — a point the Supreme Court settled in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1. Expect initial resistance and requests to "settle the matter amicably." Be firm, submit your complaint in writing, and demand a written acknowledgement. A lawyer's presence or a notice from an advocate often changes the tone significantly.
Timeline of Legal Process
- Day 1–3: File FIR at the local police station; obtain a certified copy.
- Week 1–2: Police preliminary inquiry; recording of your statement; visit to the scene of incident.
- Week 2–8: Investigation — examination of witnesses, collection of CCTV footage, recording statements of the accused under Section 180 BNSS.
- Within 60–90 days: Filing of chargesheet (police report) before the Magistrate's court.
- Month 3–4: Magistrate takes cognizance; summons or warrant issued to the accused.
- Month 4–6: Framing of charges, if the Magistrate finds a prima facie case.
- Month 6 onward: Trial — examination and cross-examination of witnesses; arguments.
- Judgment: Typically 1 to 2 years from chargesheet in a straightforward mischief matter, though this varies by court workload.
- Appeal: Sessions Court, then High Court, if any party challenges the judgment.
How Long Will the Investigation Take?
For a cognizable offence like mischief under Section 324 BNS, the police are required to complete their investigation and file the chargesheet within 60 days if the accused is in custody, or within 90 days in other cases, under the timelines prescribed in BNSS. Now, before you act on that number alone — these are outer limits, not guarantees. In practice, investigations in tenant-versus-society disputes often stretch beyond these periods, particularly where CCTV footage retrieval, witness examination, or forensic valuation of the damaged property causes delays. Persistent follow-up with the investigating