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.
TL;DR: A local ISP cannot legally prevent other licensed ISPs like Jio or Airtel from laying cables or installing equipment on public infrastructure. You can file a formal complaint with the local police under Section 318 BNS (criminal mischief), approach the Consumer Forum for deficient service, and escalate the matter to TRAI. Immediate legal action often forces compliance.
Sanjay Mehta lived in a cooperative housing society in Viman Nagar, Pune. For three years, he was stuck with a single local ISP that provided slow, unreliable internet. Every time Sanjay tried to get a JioFiber or Airtel Xstream connection, the local ISP's owner — a man named Ravi Patil — physically blocked the other company's technicians from laying fibre on the society's common ducts and electricity poles.
Patil's men even cut down fibre cables installed by competitors. The society's managing committee was intimidated into inaction. Frustrated, several residents approached the local police station — but the police refused to register an FIR, calling it a "civil business dispute."
That's when Sanjay approached the Chamber of Advocate Sudhir Rao. The office immediately identified this as a case of criminal mischief and anti-competitive conduct. Advocate Sudhir Rao and his office drafted a detailed legal notice to the ISP, filed a complaint with the Telecom Regulatory Authority of India (TRAI), and approached the Magistrate under Section 175(3) BNSS for the police's failure to register an FIR. The specialised experience in telecom and criminal procedure matters made all the difference — within weeks, the police registered an FIR under Section 318 BNS, and the local ISP's owner was forced to sign an undertaking not to interfere. By the end of the second month, JioFiber was installed in Sanjay's home.
Key Facts of the Case
- The local ISP had no exclusive right to the building's common ducts or electricity poles — they were public/common property.
- Cutting competitor cables constitutes criminal mischief under Section 318 BNS (where the original IPC was Section 425/426).
- Police initially treated the matter as a civil dispute — this was a legal error; blocking access to a public utility is a cognizable offence.
- The residents collectively filed a consumer complaint for deficiency of service (no choice of ISP in a monopoly scenario).
- A formal complaint to TRAI led to a show-cause notice to the local ISP, which accelerated the resolution.
- The FIR was registered only after the Magistrate issued directions under Section 175(3) BNSS.
The Direct Legal Answer
Your local ISP cannot legally stop other licensed ISPs from setting up wires or boxes in your area — especially on public property like electricity poles or common ducts. The Indian Telegraph Act, 1885 grants the government and licensed operators the right to lay cables on public land.
What can I do if the ISP is blocking competitors?
File a complaint with your local police station under Section 318 BNS (criminal mischief). If the police refuse, approach the Magistrate under Section 175(3) BNSS for a direction to register an FIR. Simultaneously, file a complaint with TRAI through their online portal or helpline. You can also approach the District Consumer Disputes Redressal Forum for deficiency of service and restrictive trade practices.
Can I force my apartment society to allow alternative ISPs?
Yes. The Telecom Regulatory Authority of India (TRAI) guidelines clearly state that housing societies cannot deny access to licensed telecom service providers. If the society is colluding with the local ISP, you can file a complaint with the local DoT office or TRAI.
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.
Get residents collectively on board — a joint complaint carries more weight. Photograph and video record every instance of cable cutting or obstruction. This type of case requires an advocate familiar with telecom regulation and criminal procedure; general practitioners often miss the TRAI angle or fail to push for the correct BNS sections, costing you time.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS) 2023, Section 318 (criminal mischief) applies when someone intentionally damages or cuts your property — including fibre cables. Section 308 BNS (theft) may also apply if cables are stolen. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, Section 173(4) gives you the right to approach the Superintendent of Police if the local police refuse to register an FIR, and Section 175(3) lets you file a private complaint before a Magistrate. The Indian Telegraph Act, 1885, Section 4 grants the government and licensed operators the right to establish telegraph lines on public property.
Punishment and Penalties
Under Section 318 BNS, criminal mischief is punishable with imprisonment of up to two years, or fine, or both. If the damage exceeds ₹10,000, the punishment can extend to five years. The offence is cognizable (police can arrest without a warrant) and bailable. It is also compoundable — meaning if the parties settle, the case can be withdrawn. For cable theft under Section 308 BNS, the punishment can be up to three years imprisonment.
Jurisdiction — Where to File the Case
For criminal action, the FIR must be lodged at the police station within whose territorial jurisdiction the cable cutting or obstruction occurred. If the police refuse, approach the local Magistrate's court under Section 175(3) BNSS. For a consumer complaint, file before the District Consumer Disputes Redressal Forum of your district. For TRAI complaints, use the online portal (no court needed). Jurisdiction matters because the wrong forum can get your case dismissed on technical grounds.
What if Police Refuse to File FIR?
This is a common problem. Here are your remedies:
- Approach the Superintendent of Police (SP) in writing under Section 173(4) BNSS, attaching evidence. The SP must issue orders within 14 days.
- If the SP also refuses, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS, asking the court to direct the police to register the FIR.
- As a last resort, file a criminal writ petition before the High Court under Article 226 of the Constitution.
- Do not delay — evidence like CCTV footage of cable cutting should be preserved.
Rights of the Accused
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to legal representation under Article 22(1).
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to receive a copy of the FIR and know the grounds of arrest.
- Right to seek bail — the offence under Section 318 BNS is bailable.
Bail Provisions
Section 318 BNS is a bailable offence, meaning the accused can be released on bail by the police themselves after arrest, or by the Magistrate. The bail amount is typically low — ranging from ₹5,000 to ₹25,000. For non-bailable offences (like theft over ₹50,000 under Section 308, which may be non-bailable in some circumstances), the accused must apply for regular bail under Section 480 or 483 BNSS. Anticipatory bail under Section 482 BNSS is available only for non-bailable offences. Given the bailable nature here, the accused usually gets out quickly — which is why preserving evidence is critical for the victim.
Quashing of FIR / Case
The accused (the blocking ISP) can file a petition under Section 528 BNSS before the High Court to quash the FIR. Grounds include: the FIR does not disclose a prima facie offence, the matter is purely civil, or the parties have settled. However, cutting cables with intent to cause wrongful loss is clearly mischief — quashing is rarely granted in such cases unless the complaint is false. For the victim, this means you should file your complaint only with genuine evidence.
If You Are the Victim
- Gather evidence: photographs, videos, and written complaints to the ISP and society.
- File an FIR at the local police station immediately after any incident of cable cutting or obstruction.
- Approach TRAI online — they take action against non-compliant ISPs within 30 days.
- File a consumer complaint for deficiency of service and restrictive trade practice.
- Consider a civil suit for injunction in the civil court to prevent the local ISP from interfering.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN, Voter ID) for each complainant.
- Copy of your existing ISP agreement (to show monopoly pricing or poor service).
- Written complaints to the ISP and society, with acknowledgment.
- Photographs and video recordings of the obstruction or cable cutting.
- CCTV footage from society cameras or neighbours.
- Copy of the application to the competitor ISP (Jio/Airtel) showing they were denied access.
- Copy of police complaint and refusal (if any).
What Evidence Is Required?
- Primary evidence: video footage of the accused cutting cables or blocking technicians.
- Witness testimony: neighbours, other residents, or the competitor's technicians who were threatened.
- Documentary evidence: society meeting minutes showing collusion, or the local ISP's threatening letters.
- Secondary evidence: screenshots of WhatsApp messages where the ISP admitted to blocking competitors.
- Expert evidence: a bill or estimate from the competitor ISP showing loss of potential connection.
- Preserve original cables if cut — they are physical evidence.
How the Police Behave in Such Cases
Police often treat these as "business rivalry" matters and initially refuse to register an FIR. They may suggest a civil suit or mediation. This is legally wrong — mischief under Section 318 BNS is a cognizable offence. You must insist on the FIR being registered. If the police still refuse, use the remedy under Section 173(4) BNSS to approach the SP. In practice, once the Magistrate intervenes, police compliance is quick. Do not get discouraged by initial resistance.
Timeline of Legal Process
- Day 1-7: Visit police station. If FIR not registered, file written complaint at SP's office under Section 173(4) BNSS.
- Day 8-30: If still no FIR, file private complaint before Magistrate under Section 175(3) BNSS. Court typically orders FIR within one hearing.
- Day 31-60: Investigation by police — recording statements, collecting evidence. Chargesheet filed within 60-90 days.
- Day 61-120: Cognizance by Magistrate, framing of charges, and beginning of trial.
- Day 121-180: Trial — typically 3-4 hearings. Many such cases settle here if the accused undertakes not to interfere.
- Overall: Resolution in 3-6 months if actively pursued; faster if accused settles.
How Long Will the Investigation Take?
Police investigation under Section 318 BNS is usually quick — 45 to 60 days. Once the FIR is registered, the police will visit the spot, collect CCTV footage, and record statements of the accused and witnesses. They must file a chargesheet within 90 days for non-serious offences. If the accused is a local businessman with influence, you may need the court's supervision to keep the investigation on track.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Section 318 BNS is a compoundable offence — the victim and accused can settle, and the court will acquit the accused upon payment of compensation. This is common in such cases: the local ISP pays for the damaged cables and gives a written undertaking not to interfere. Settlement can happen through mediation, Lok Adalat, or direct negotiation. However, do not accept a settlement unless the competitor ISP is actually allowed to install their network — otherwise, the problem will recur.
Common Mistakes People Make
- Engaging a lawyer without domain experience: A general practitioner may file the complaint under the wrong section or miss the TRAI angle entirely. This case requires a lawyer familiar with telecom regulation and criminal procedure — the procedural strategies differ significantly.
- Relying solely on police: Waiting for police to act proactively without filing a formal complaint under Section 173(4) BNSS wastes precious time.
- Not documenting evidence: Failing to take videos, photos, or preserve cut cables makes the complaint weak.
- Acting alone: A single resident's complaint is weaker than a joint complaint from 10-15 residents of the same society.
- Signing agreements with the local ISP: Some ISPs force residents to sign "exclusive" contracts — these are illegal under TRAI guidelines but people sign them anyway.
- Posting on social media: Venting on WhatsApp groups or Facebook before filing a formal complaint can alert the accused to destroy evidence.
FAQs People Normally Have
Can the local ISP legally block Jio or Airtel from laying cables on my building?
No, not if the cables are laid on public property like streets or common areas of a society. The Indian Telegraph Act allows licensed operators to use public infrastructure. If the society has an exclusive agreement with one ISP, that agreement is void under TRAI's 2018 guidelines.
What if the local ISP threatens me physically?
File an FIR under Section 318 BNS (criminal mischief) and also under Section 351 BNS (criminal intimidation). If the threat is serious, you can also seek a protection order from the Magistrate.
How long does a TRAI complaint take?
TRAI typically responds within 30 days. They issue a show-cause notice to the erring ISP. If the ISP does not comply, TRAI can recommend suspension or cancellation of their license.
Can I cut the local ISP's wires in retaliation?
No. That would make YOU liable for criminal mischief under Section 318 BNS. Do not take the law into your own hands.
Is it worth hiring a lawyer for this?
Yes, especially if the police are uncooperative. A lawyer who handles telecom disputes can get the FIR registered, file the consumer complaint, and approach TRAI — all within weeks.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India