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.
Vikram Nair had served the Rajasthan state government for over three decades. Retired honourably, his pension duly verified and disbursed, he was living quietly in Gomti Nagar, Lucknow, with his elderly mother, Savitri Nair. That relative peace shattered around early March 2025 when his younger brother, Deepak Nair, filed an RTI application demanding employment records from Vikram's original appointment nearly 32 years ago. The motivation was not public interest. A bitter partition dispute over agricultural land on the outskirts of Lucknow had been brewing, and Deepak was using the RTI mechanism as a pressure tactic — calling daily, threatening to "expose" Vikram, and spreading rumours in the neighbourhood.
The situation with Savitri was worse. For years, Deepak had allegedly intercepted her pension withdrawals from a Punjab National Bank branch, leaving her financially dependent on Vikram. Her 160 grams of gold jewellery, quietly held in Deepak's possession after a family function in late 2022, had never been returned despite repeated requests. Vikram had approached a general civil lawyer initially, but the advice he received didn't address the RTI harassment angle or the elder abuse dimensions specifically.
When Vikram reached Advocate Sudhir Rao's office in mid-March 2025, a structured, multi-pronged approach was taken. A formal complaint was filed with the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. A police complaint was lodged for financial fraud against Savitri. The RTI application was addressed by submitting a representation to the concerned Public Information Officer demonstrating that all service records had already been verified at the time of Vikram's retirement. Within two months, interim relief was granted to Savitri, and Deepak's threatening conduct was placed on formal record. The matter was proceeding on firm legal footing — something that hadn't been achievable through the earlier general approach.
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 respond to RTI threats impulsively: An RTI filed with malicious intent in the context of a private dispute is still a valid statutory query. The PIO must respond. But the response and any challenge to it follow a specific procedural path through the First Appellate Authority and then the State or Central Information Commission. Panicking or trying to contact the RTI filer directly will only weaken your position. Let your advocate manage the formal response. And here's the thing — even a weaponised RTI can be neutralised cleanly if you handle it through proper channels rather than reacting out of frustration.
Protect the senior citizen immediately: If your elderly parent is at risk of further financial exploitation, approach the Sub-Divisional Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 without delay. The SDM has powers to pass protection orders quickly. This is one of the fastest civil reliefs available to senior citizens in India, and most people simply don't know to ask for it.
Document every threat systematically: Save call recordings where permissible. Take screenshots of messages. Maintain a written diary with dates and content of verbal threats. This evidence is critical for both an FIR under Section 351 BNS and any application for a restraining order. Don't wait until things escalate further — start the paper trail today.
Now, before you act, understand what kind of matter you're dealing with. This category sits at the intersection of criminal law, property law, and elder welfare law. Procedural and evidentiary nuances across these three domains are frequently missed by advocates who don't handle them regularly. Engaging someone with specific experience in elder abuse, RTI law, and family property disputes typically leads to faster and better-structured outcomes.
Applicable Sections of Law
This case is mixed in nature — it has both criminal and civil dimensions. The applicable provisions span multiple statutes:
- Section 351 BNS (Criminal Intimidation): Daily threats to damage reputation and cause fear squarely attract this provision, which is cognizable and non-bailable.
- Section 316 BNS (Cheating): Misappropriating a senior citizen's pension by deception or inducement amounts to cheating under this section.
- Section 303 BNS (Theft) / Section 308 BNS (Extortion): Wrongful retention of 160 grams of gold after it was entrusted or taken under pressure may attract either provision depending on the specific facts.
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Sections 4, 5, 22, and 23): Covers maintenance obligations of children, protection of seniors from abuse, and the right to reclaim property transferred under fraud or coercion.
- Right to Information Act, 2005 (Sections 18 and 19): Governs the appeal process before the First Appellate Authority and the Information Commission when an RTI is misused or mishandled.
Punishment and Penalties
- Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. If the threat is to cause death or grievous hurt, punishment extends to 7 years. Cognizable, bailable, and non-compoundable.
- Section 316 BNS (Cheating): Imprisonment up to 3 years, or fine, or both. Cognizable and bailable.
- Section 308 BNS (Extortion): Imprisonment up to 3 years, or fine, or both. Cognizable, non-bailable, and non-compoundable.
- Senior Citizens Act, 2007 — Section 24: Abandonment of a senior citizen by a relative is punishable with imprisonment up to 3 months, or fine up to Rs. 5,000, or both.
Jurisdiction — Where to File the Case
For the criminal complaints covering intimidation, cheating, and extortion, the FIR must be filed at the police station within whose territorial limits the threats were made or the fraud was committed. In this case, that's the local police station in Gomti Nagar, Lucknow. The trial would proceed before the Judicial Magistrate First Class having jurisdiction over that area.
For elder protection and maintenance, the complaint is filed before the Sub-Divisional Magistrate of the relevant sub-division, a fast-track authority specifically designated under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
For the property and gold dispute, a civil suit for recovery or declaration lies before the Civil Judge (Junior Division) or Civil Judge (Senior Division) depending on the valuation of the claim. Frankly, jurisdiction matters more than most people realise — filing in the wrong court wastes time and can result in return of the plaint, which is an avoidable setback.
What if Police Refuse to File FIR?
- Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, with a copy to the Deputy Inspector General. This creates a formal record and typically prompts the station to act.
- If the SP doesn't respond within a reasonable time, file a private complaint directly before the concerned Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate or take cognizance directly.
- In cases of persistent inaction, a writ petition under Article 226 before the Allahabad High Court (for matters in Uttar Pradesh) seeking a direction to register the FIR is a recognised and effective remedy — affirmed in Lalita Kumari v. Government of UP, 2014 (Supreme Court), which made FIR registration mandatory for cognizable offences.
- Always carry certified copies of all prior written complaints when approaching higher authorities or courts.
Rights of the Accused
- Right against self-incrimination: Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against themselves.
- Right to legal representation: Article 22 of the Constitution guarantees the right to consult and be defended by an advocate of one's choice from the moment of arrest.
- Right to be produced before a Magistrate within 24 hours: Section 58 BNSS mandates this, and any violation renders the detention illegal.
- Right to copy of FIR: Under Section 173(2) BNSS, the accused or their advocate is entitled to a copy of the FIR free of cost.
- Right to know grounds of arrest: The arresting officer must inform the accused of the grounds in a language they understand, as held in D.K. Basu v. State of West Bengal, 1997.
Bail Provisions
Section 351 BNS (criminal intimidation) is bailable. The accused can seek bail at the police station itself at the time of arrest. Section 308 BNS (extortion) is non-bailable, requiring an application before the Magistrate or Sessions Court.
For non-bailable offences, regular bail under Section 480 BNSS can be applied before the Magistrate. If the accused apprehends arrest, anticipatory bail under Section 482 BNSS before the Sessions Court is advisable. In Gurbaksh Singh Sibbia v. State of Punjab, 1980, the Supreme Court laid down that anticipatory bail should be granted where the arrest appears to be an act of harassment rather than a genuine investigative need — a principle directly relevant to family disputes weaponised through criminal law.
Typical bail conditions include surrendering of passport, periodic reporting to the police station, and not tampering with witnesses.
Quashing of FIR / Case
If a false FIR is lodged against any party as a counter-move in this dispute, the High Court's inherent powers under Section 528 BNSS can be invoked to quash it. Grounds for quashing include: no prima facie offence disclosed in the FIR, the FIR being an abuse of the court's process, or the matter being civil in nature dressed up as criminal, as established in State of Haryana v. Bhajan Lal, 1992.
Where the offence is compoundable and the parties reach a settlement, the High Court may also quash the FIR on the basis of compromise, following the principles in Narinder Singh v. State of Punjab, 2014. And here's why your advocate should evaluate this option early — quashing is not an admission of guilt, it's a strategic tool, and waiting too long to explore it can cost you both time and money.
If You Are the Victim
- File a written complaint at the local police station under Sections 351 and 316 BNS for criminal intimidation and cheating. Keep a copy with an acknowledgment stamp.
- File a maintenance and protection complaint before the Sub-Divisional Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, specifically seeking an order for return of the gold and cessation of financial exploitation.
- Submit a representation to the Public Information Officer who received the RTI application, attaching all documents that show the service records were already verified at the time of retirement. This places the counter-record officially before the PIO.
- Open a separate bank account for the senior citizen's pension with restricted access, and if possible, arrange for home delivery of pension or direct benefit transfer — cutting off the exploiter's access at source.
- Preserve all threatening communications, call logs, and witness accounts before any confrontation escalates further.
Documents You Must Keep Ready
- Aadhaar card and PAN card of the senior citizen and the complainant
- Pension payment order and all pension disbursement records for the past 3–5 years
- Bank passbook or statements showing pension credits and any suspicious withdrawals
- Service record documents and the retirement order confirming verification by the state government
- Any written RTI application or notice received, along with the PIO's reference number
- Photographs or valuation certificate for the gold jewellery in dispute
- Screenshots, call recordings, and written records of threats with dates and content
- Property documents relating to the land dispute (title deed, mutation records, revenue records)
What Evidence Is Required?
- Primary evidence of financial fraud: Bank statements showing pension withdrawals on dates when the senior citizen was not physically present at the branch, or withdrawals immediately followed by transfers to the alleged abuser's account.
- Evidence of gold possession: Photographs from family functions showing the jewellery, jeweller's bill or hallmark certificate, and witness affidavits from family members who saw the gold handed over.
- Evidence of threatening conduct: Call recordings where legally obtained, WhatsApp or SMS messages, diary entries with specific dates, and statements from neighbours or household staff.
- RTI misuse evidence: Copy of the RTI application showing it seeks 30-year-old employment records with no plausible public interest, filed shortly after the land dispute escalated — timing is circumstantial but relevant.
- Medical and dependency evidence for senior citizen: Medical bills paid by the complainant, prescriptions, and doctor certificates showing the grandmother's age and health condition, to establish vulnerability.
How the Police Behave in Such Cases
Make no mistake — family disputes involving elderly victims are often treated by local police as "civil matters" and FIRs are frequently resisted, especially when the accused is a blood relative of the complainant. Officers may suggest mediation or ask both parties to "settle among