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.
My client, Rohan Gupta, a salaried professional residing in Gomti Nagar, Lucknow, came to me in late February 2025 after months of escalating disputes with his neighbour. The conflict had turned ugly. His neighbour had been sending abusive and threatening text messages to his family members for several weeks, had physically entered his home without permission and slapped his elderly mother, and then, on the morning of 18 February 2025, walked up to his parked car in the residential colony and damaged it deliberately. The entire incident was captured on the building's CCTV camera, timestamps intact.
Rohan had tried the housing society route first. The committee offered mediation but made it clear they couldn't compel compensation. Went nowhere. He then consulted a local general practitioner advocate whose advice focused narrowly on a civil damages suit, missing the criminal dimensions entirely.
When Rohan approached Advocate Sudhir Rao, the matter was handled differently. The CCTV footage was preserved and authenticated immediately. A composite criminal complaint was filed covering the vandalism, the threatening messages, and the physical assault on his mother. The police, initially reluctant, registered an FIR after proper legal pressure under the relevant BNSS provisions. And here's the thing — within weeks of the FIR, the neighbour sought resolution. The case showed clearly how a structured, specialised approach produces outcomes that a piecemeal effort simply can't.
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.
Preserve Your Evidence Immediately: Back up all CCTV footage to a secure cloud location and an external hard drive the same day. Don't share raw footage casually. Screenshot threatening SMS messages with date and time visible, and don't delete any messages from your phone. Frankly, evidence preservation in the first 48 hours can make or break everything that follows.
Do Not Engage Directly with the Neighbour: Any further communication, however well-intentioned, can be used against you or complicate your case. Maintain complete silence and let your advocate handle all contact.
Domain-Specific Experience Matters: Cases involving CCTV evidence, criminal mischief, assault, and threatening communications require an advocate who regularly handles criminal matters. Procedural steps like evidence preservation under the Bharatiya Sakshya Adhiniyam, FIR drafting, and anticipatory bail strategy are areas where domain-specific experience makes a measurable difference to outcomes. Now, before you act, get the right person in your corner.
Applicable Sections of Law
This case is primarily criminal in nature, governed by the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The following sections apply:
- Section 324 BNS (Mischief): Covers deliberate destruction or damage to property, which directly applies to the car vandalism.
- Section 115 BNS (Voluntarily Causing Hurt): Applies to the physical slap inflicted on the complainant's mother.
- Section 351 BNS (Criminal Intimidation): Covers the threatening and abusive messages sent to the family with intent to cause alarm.
- Section 131 BNS (Assault or Criminal Force on Woman): May apply given that the physical assault was on a woman inside her own home, involving unlawful entry.
Punishment and Penalties
- Section 324 BNS (Mischief): Imprisonment up to 3 months, or fine, or both. If damage exceeds Rs. 5,000, the punishment may extend to 2 years under aggravated provisions.
- Section 115 BNS (Voluntarily Causing Hurt): Imprisonment up to 1 year, or fine up to Rs. 10,000, or both.
- Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both.
- Cognizable/Non-Cognizable: Sections 115 and 351 are cognizable. Section 324 (simple mischief) is non-cognizable but becomes cognizable in aggravated forms.
- Bailable: Most of these offences are bailable at this level.
- Compoundable: Sections 115 and 324 are compoundable by the aggrieved party.
Jurisdiction — Where to File the Case
The FIR must be filed at the police station having territorial jurisdiction over the area where the incidents occurred — which here means the station covering that residential colony in Gomti Nagar. For the criminal mischief and assault offences, the case will be tried before the Judicial Magistrate First Class (JMFC) having jurisdiction over that territory. If the police refuse to register an FIR, a private complaint may be filed before the same Magistrate under Section 175(3) BNSS. Getting jurisdiction right from the start matters. A complaint filed at the wrong station can cause procedural delays that genuinely weaken your case.
What if Police Refuse to File FIR?
Police reluctance isn't uncommon in neighbour dispute cases, particularly where the accused is a woman and the offences appear, on the surface, to be minor. Here's what you can do:
- Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, attaching all evidence including CCTV footage and screenshots of threatening messages.
- File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate can direct the police to investigate and register an FIR.
- If the Magistrate's direction is also ignored, approach the High Court under its writ jurisdiction (Article 226 of the Constitution) for a direction to register the FIR, as affirmed in Lalita Kumari v. Government of UP, 2014.
- Preserve all evidence of refusal, including any written acknowledgement or written receipts of complaints submitted to the police station.
Rights of the Accused
Even in cases with strong evidence, if you or your family member ever finds themselves on the receiving end of a complaint, these rights apply:
- 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 right to consult and be defended by a legal practitioner of one's choice.
- Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time, as mandated under Article 22(2).
- Right to a copy of the FIR and to know the specific grounds of arrest at the time of being taken into custody.
- Right to bail in bailable offences without conditions, and the right to apply for bail in non-bailable offences before a Magistrate or Sessions Court.
Bail Provisions
Bail here is relatively straightforward. The primary offences, including Section 324 BNS and Section 115 BNS, are bailable in nature, meaning the accused is entitled to bail as a matter of right upon arrest without requiring a court order. But if charges are enhanced or if the accused has prior criminal history, bail conditions can become more restrictive than you'd expect at this level. For situations where arrest is anticipated before it occurs, anticipatory bail may be sought under Section 482 BNSS before the Sessions Court. Regular bail, if arrested, is governed by Sections 480 and 483 BNSS. Typical bail conditions include surrender of passport, periodic reporting to the police station, and a direction not to contact the complainant or tamper with evidence.
Quashing of FIR / Case
The accused neighbour may attempt to get the FIR quashed by approaching the High Court under Section 528 BNSS, which preserves the High Court's inherent powers to prevent abuse of the court process. Common grounds include absence of prima facie cognizable offence, the dispute being purely civil or neighbourly in nature, and compromise between parties in compoundable offences. Make no mistake, in cases with clear CCTV evidence of deliberate property damage and physical assault, quashing petitions are difficult to sustain. As held in State of Haryana v. Bhajan Lal, 1992, quashing is reserved for cases where the allegations, taken at face value, disclose no offence. Strong evidence shuts that door rather firmly.
If You Are the Victim
- File an FIR at the nearest police station having territorial jurisdiction without delay. Time is critical, especially for preserving CCTV footage that may be overwritten.
- Do not move, clean, or repair the damaged vehicle until photographs are taken and, if possible, a police panchnama is conducted at the scene.
- Get a medical examination done for any physically injured family member immediately and collect the MLC (Medico-Legal Certificate) from the hospital.
- Collect and preserve all SMS/WhatsApp threatening messages with screenshots showing sender details, timestamps, and message content.
- Inform your advocate before attending any police inquiry so you aren't caught off guard by questions or statements that could be used selectively.
Documents You Must Keep Ready
- Aadhaar card and PAN card of the complainant
- Original or certified copy of CCTV footage with timestamps intact
- Screenshots of threatening/abusive SMS or WhatsApp messages with sender details visible
- Medico-Legal Certificate (MLC) of the injured family member from a government hospital
- Vehicle Registration Certificate (RC) of the damaged car
- Photographs of the vehicle damage, preferably with a measuring scale or dated reference
- Repair estimate or invoice from an authorised service centre
- Any prior written complaints made to the housing society committee regarding the neighbour
What Evidence Is Required?
- CCTV footage (primary electronic evidence): Must be preserved in its original form. Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records require a certificate under Section 63 for admissibility.
- MLC report: Primary medical evidence of physical assault on the victim's mother.
- Threatening messages: SMS and WhatsApp screenshots are secondary electronic evidence; preserve the originals on the device.
- Eyewitness testimony: Neighbours or building staff who witnessed any part of the incidents.
- Vehicle damage photographs and repair estimate: Establishes quantum of loss for mischief charges.
- Society committee correspondence: Shows prior complaints and the neighbour's pattern of behaviour, relevant to establishing a motive and repeated conduct.
How the Police Behave in Such Cases
Expect resistance. In neighbour dispute cases of this nature, police stations often try to characterise the matter as a "civil dispute" and push for mediation rather than registering an FIR. Officers may suggest you "settle among yourselves" at the outset. This delay can be dangerous — CCTV footage has a storage cycle and gets overwritten. And here's why that matters: once the footage is gone, your strongest piece of evidence is gone with it. Once an advocate formally presents the complaint with a specific BNS section reference and a written application, the station's posture typically shifts. Expect the police to record statements, conduct a spot panchnama of the damaged vehicle, and call the accused for questioning before any arrest. Arrests in bailable offences at this level are relatively uncommon without judicial direction.
Timeline of Legal Process
- Day 1-3: File FIR at the local police station. Provide all evidence.
- Week 1-2: Police to record statements of complainant, witnesses, and conduct spot inspection of the damaged vehicle.
- Week 2-4: Police summon or call the accused neighbour for statement under Section 179 BNSS.
- 1-3 months: Police file chargesheet (Final Report) before the Magistrate if investigation supports prosecution.
- 3-4 months: Magistrate takes cognizance, summons accused, and frames charges.
- 6-18 months: Trial stage — examination of witnesses, cross-examination, documentary evidence placed on record.
- 18-30 months (approx.): Final arguments and judgment by the Magistrate.
- Post-judgment: Either party may file an appeal before the Sessions Court within the prescribed limitation period.
How Long Will the Investigation Take?
For offences of this nature, the BNSS mandates that investigation in cases not involving serious offences be completed within 60 days from registration of the FIR, with the chargesheet to follow. In practice, police stations with high workloads may take 3 to 5 months. Offences with CCTV evidence tend to move faster, since the factual matrix is largely settled from day one and there's less room for the investigating officer to drag things out.
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