Overhanging Tree Branch Dispute and Police Complaint — Know Your Legal Rights in India

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.

Smt. Kamala Nair, a retired schoolteacher from Thrissur, travelled to her family's apartment in Indore sometime around early February 2025 to attend to some routine property maintenance. The apartment building had a backyard, and a large jackfruit tree belonging to the neighbouring plot — owned by one Mr. Devraj Pillai — had branches extending well into the building's common area. Kamala had plucked a few jackfruits from those overhanging branches without thinking much of it. She brought them home. Days later, her son Arun received a call: Mr. Pillai had filed a police complaint against them.

Arun first consulted a general civil lawyer who gave him a mixed, uncertain opinion. He was told it "might just blow over." It didn't. The matter escalated, and Arun, feeling increasingly anxious, reached out to Advocate Sudhir Rao. The difference was immediate. Rather than vague reassurances, the approach here was specific: the applicable BNS provisions were identified, the distinction between the tree's ownership and the airspace rights over the adjoining plot was clearly analysed, and a structured defence strategy was prepared. The complaint was addressed without criminal charges being framed against Kamala. A neighbourly settlement, backed by a properly drafted agreement, closed the matter. Arun described the relief as enormous — months of anxiety resolved with a clear, methodical approach that a specialist in property and criminal defence matters brings to the table.

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.

Don't ignore the police complaint: Even if you believe the act was harmless, ignoring a police complaint can result in escalation. Appear when called, always with your lawyer present.

Preserve all evidence immediately: Photograph the overhanging branch, its position relative to your plot boundary, and any fruit on your side. This visual documentation is often the single most decisive piece of evidence in such disputes.

Attempt early communication through counsel: Many overhanging branch disputes stem from a breakdown in neighbourly dialogue. A formal but conciliatory letter sent through your advocate, proposing a meeting or compromise, can resolve things before they worsen.

And here's the thing — this category of case sits at the intersection of property law and criminal law, specifically what constitutes "theft" when the subject matter is attached to land. That's a genuinely nuanced question. Advocates who regularly handle property boundary and criminal defence matters are far better placed to advise on it than a general practitioner who isn't familiar with the evidentiary and jurisdictional specifics.

Applicable Sections of Law

The following sections are directly relevant to a situation where a police complaint has been filed for allegedly taking fruits from an overhanging branch:

• Section 303 BNS (Theft): Defines theft as dishonest taking of moveable property out of the possession of another person without consent. Whether fruit on an overhanging branch qualifies as "in possession" of the plot owner is the core legal question here.
• Section 2(1)(x) BNS (Definition of Moveable Property): Property of every description except immoveable property — relevant to determining whether detached fruit constitutes moveable property.
• Section 47 Transfer of Property Act, 1882: Relates to the ownership of things growing on land and their classification when severed.
• Section 7 Transfer of Property Act, 1882: Read with general property principles governing boundary and airspace rights, this helps determine the extent of ownership of branches crossing plot boundaries.

Frankly, most people — and some lawyers — don't realise how contested the ownership of an overhanging branch actually is under Indian property law. Don't assume the answer is obvious. It isn't.

Punishment and Penalties

If a charge under Section 303 BNS (Theft) is framed and ultimately proved:

• Minimum punishment: No statutory minimum prescribed — courts have discretion.
• Maximum punishment: Imprisonment up to three years, or fine, or both.
• Nature of offence: Cognizable and bailable under the First Schedule, BNSS.
• Compoundable: Yes — theft under Section 303 BNS is compoundable by the person from whom the property was stolen, with permission of the court (reference: First Schedule, BNSS).

Make no mistake — even a bailable and compoundable offence can cause significant disruption to daily life if not handled promptly and correctly.

Jurisdiction — Where to File the Case

For a police complaint of this nature, the jurisdictional police station is the one covering the area where the act allegedly took place — in this case, the locality of the apartment building. The trial, if charges are framed, would be before the Judicial Magistrate First Class (JMFC) having territorial jurisdiction over that area.

Territorial jurisdiction follows the place where the offence is alleged to have occurred, as provided under Section 177 BNSS. Getting jurisdiction wrong from the outset causes procedural delays — sometimes serious ones. Confirm with your advocate which court and which police station has competence over your specific address before you do anything else.

What if Police Refuse to File FIR?

In some situations, it's the complainant who wants an FIR registered against a neighbour and the police may show reluctance — or conversely, the accused may want to approach authorities. Here's what the law provides:

• If police decline to register an FIR, the complainant can approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint.
• A private complaint can be filed directly before the Magistrate under Section 175(3) BNSS, who can then direct police to investigate.
• If the Magistrate also declines, the High Court can be approached by way of a writ petition under Article 226 of the Constitution, though this is reserved for cases where there is a clear failure of the process.
• As held in Lalita Kumari v. Government of UP, 2014, registration of FIR is mandatory for cognizable offences — this principle works both ways and can be pressed by either side.

Now, before you act, understand that approaching the SP or the Magistrate is not a drastic step. It's a routine legal remedy. Use it if the situation demands.

Rights of the Accused

These rights aren't negotiable. Full stop.

• Right against self-incrimination: You cannot be compelled to be a witness against yourself — Article 20(3) of the Constitution of India. Don't make statements to police without your advocate present.
• Right to legal representation: Guaranteed under Article 22(1). Insist on having your advocate present at every stage.
• Right to be produced before Magistrate within 24 hours: If arrested, this is an absolute right under Article 22(2) and Section 57 BNSS.
• Right to a copy of the FIR: Entitled to a free copy as affirmed in Youth Bar Association of India v. Union of India, 2016.
• Right to know grounds of arrest: Mandatory under Article 22(1) and Section 47 BNSS.

Bail Provisions

Theft under Section 303 BNS is a bailable offence. Bail is a matter of right, not discretion, and the police officer or Magistrate must grant it upon arrest.

• Regular bail: Available under Section 480 BNSS since the offence is bailable.
• Anticipatory bail: If you apprehend arrest, you may apply under Section 482 BNSS before the Sessions Court or High Court. Given the bailable nature of the offence, such an application will generally succeed.
• Typical conditions: Execution of a personal bond, surety, attendance at police station as directed, and not tampering with evidence.

Now, before you call your advocate in a panic — a bailable offence means arrest without bail is legally impermissible under ordinary circumstances. Act calmly. Act swiftly.

Quashing of FIR / Case

Quashing is a powerful remedy and it's worth understanding when it applies here. Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings where:

• No prima facie offence is made out on the face of the FIR — which is a strong argument here, given the disputed legal status of overhanging branches.
• The process of law is being used as an instrument of harassment by a neighbour in a property dispute.
• The matter has been compounded and settled between the parties, as permitted for Section 303 BNS offences.

The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the grounds exhaustively. An advocate experienced in property-crime intersections can assess whether quashing is the right route in your specific facts.

If You Are the Victim

If you're the plot owner whose tree was interfered with and you believe your property rights were violated:

• File a written complaint at the local police station with as much documentation as possible — photographs of the tree, the plot boundary demarcation, and any prior communication with the neighbour.
• Obtain a certified copy of the plot map and mutation records from the local revenue authority to establish tree ownership clearly.
• Consider a civil suit for injunction to restrain further interference with your property, in addition to or instead of the criminal route.
• If the branches genuinely overhang the neighbour's plot, consult an advocate on whether a compromise — such as joint pruning and shared access to overhanging produce — is a more durable solution than litigation.
• Engage an advocate before escalating, since a disproportionate response to a minor act can backfire in court.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the accused / complainant
• Property ownership documents — sale deed, title deed, or registered lease of the apartment building
• Plot map / survey settlement records showing the boundary between your plot and the neighbour's
• Photographs and video showing the overhanging branches, their position relative to the plot boundary
• Any prior written or WhatsApp communication with the neighbouring plot owner
• Copy of the FIR or police complaint (obtain at the earliest)
• Municipal records or panchayat records showing plot demarcation
• Witness statements from other residents of the apartment building, if available

What Evidence Is Required?

• Plot boundary survey report: A licensed surveyor's report confirming the boundary line is primary evidence in establishing whether the branch extended into your plot.
• Photographs and video footage: Time-stamped images showing the overhanging branch are highly persuasive secondary evidence.
• Title documents: Ownership records for both plots to establish who legally owns the tree.
• Eyewitness testimony: Statements from residents or neighbours who observed the position of the branch and the act of plucking.
• Expert botanical or horticultural evidence: In contested cases, an expert can confirm that the fruit was located on the overhanging portion, not on the main trunk side.
• Communication records: WhatsApp messages, letters, or any prior warnings — or absence of any warning — are relevant to intent and good faith.

How the Police Behave in Such Cases

Don't expect urgency. Neighbourhood disputes involving minor property acts are not treated as high-priority matters by police, and officers will often first attempt informal mediation before taking further steps. That's generally a good sign. But don't assume inaction means closure — a complaint on record can be revived. And here's the thing, police sometimes use the pendency of a complaint as leverage to push parties toward a local compromise. Chargesheet filing in cases of this magnitude, particularly where the accused has no prior record, is not guaranteed but is possible if the complainant is persistent. Stay legally represented throughout.

Timeline of Legal Process

• Stage 1 — Police complaint registered: Immediate; complaint is on record from day one.
• Stage 2 — Police investigation: 2 to 8 weeks typically for a matter of this nature; site visit, statement recording.
• Stage 3 — Chargesheet or closure report: If police find sufficient material, chargesheet filed before JMFC; if not, closure report filed (3 to 6 months).
• Stage 4 — Cognizance by Magistrate: Within days to weeks of chargesheet filing.
• Stage 5 — Framing of charges or discharge: A discharge application at this stage is a key defence opportunity (1 to 3 months).
• Stage 6 — Trial (if charges framed): Evidence, cross-examination, arguments — this can take 1 to 3 years in a contested matter.
• Stage 7 — Judgment and appeal: Judgment followed by right of appeal to Sessions Court, then High Court.
• Realistic total: With active legal effort, most

Advocate Sudhir

Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.