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.

Mr. X, an NRI residing in City A, approached me regarding persistent harassment from his relative Mr. Y back in India. The abuse included continuous verbal threats, emotional manipulation, and harassment through repeated phone calls from unknown numbers after Mr. X blocked his original contact. Mr. Y would present a pleasant facade in public but engage in controlling behavior, condescending remarks, name-calling, and aggressive criticism in private. The situation escalated when Mr. Y began calling from different numbers and even abusing his domestic help as a way to intimidate Mr. X. The harassment had been ongoing for months, causing severe mental distress to Mr. X and affecting his work abroad. Despite attempts to reason with Mr. Y and involving other family members, the abusive behavior continued unabated, forcing Mr. X to seek legal intervention.

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 all incidents immediately with dates, times, and details of each abusive encounter. Record phone conversations if legally permissible in your jurisdiction. Gather witness statements from family members or others who have observed the behavior. Consider filing a police complaint for criminal intimidation and harassment to establish an official record of the abuse.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several provisions apply to such harassment cases. Section 351 covers criminal intimidation, which includes threats causing alarm. Section 353 addresses intentional insult with intent to provoke breach of peace. Section 79 covers word, gesture or act intended to insult modesty, while Section 356 deals with defamation. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural framework for filing complaints and obtaining restraining orders. Additionally, if the harassment involves technology misuse, relevant IT Act provisions may also apply for cyberstalking and electronic harassment.

If You Are the Complainant

• File a detailed written complaint with local police station mentioning all incidents chronologically
• Request police to register FIR under appropriate BNS sections for criminal intimidation and harassment
• Apply for anticipatory bail if you fear counter-allegations from the accused party
• Seek restraining order from magistrate court to prevent further contact or harassment
• Maintain detailed diary of all abusive incidents with supporting evidence and witness details

If You Are the Victim

• Immediately block all communication channels and inform trusted family members about the harassment
• Preserve all evidence including call logs, messages, recordings, and witness statements
• File police complaint without delay as delayed reporting weakens your case significantly
• Seek medical help if harassment causes mental health issues and obtain medical certificates
• Consider approaching women’s helplines or counseling services for emotional support during legal proceedings

How the Police Behave in Such Cases

Police typically treat family harassment cases as civil disputes initially and may attempt mediation. They often advise complainants to resolve matters internally before formal action. However, with proper documentation and evidence, police are legally bound to register FIR. They may conduct preliminary inquiry to verify claims and call both parties for questioning. Senior officers sometimes get involved in family matters to ensure fair investigation without bias.

FAQs People Normally Have

Can NRIs file cases against relatives in India? Yes, NRIs can file complaints through authorized representatives or personally when visiting India.

Is verbal abuse legally actionable? Yes, verbal abuse constituting criminal intimidation, defamation, or intentional insult is punishable under BNS.

How to stop harassment calls from unknown numbers? File cyber crime complaint, provide call records to police, and request telecom operator to trace numbers.

Can family members be arrested for harassment? Yes, if harassment violates criminal law provisions, family relationship does not provide immunity from legal action.

What Evidence Is Required?

• Call detail records showing repeated calls from unknown numbers
• Audio recordings of abusive conversations if legally obtained
• Screenshots of threatening messages or social media posts
• Witness statements from family members or neighbors who observed incidents
• Medical certificates documenting mental health impact of harassment
• Written complaints previously made to family elders or community leaders
• Documentary proof of any property disputes or financial motivations behind harassment

How Long Will the Investigation Take?

Police investigation typically takes 2-3 months for harassment cases involving family members. Court proceedings may extend 6-12 months depending on complexity and evidence quality. If both parties agree to mediation, resolution can be achieved within weeks. However, contested cases with multiple witnesses and technical evidence may take longer for thorough investigation and trial completion.

Advocate Sudhir Rao, Supreme Court of India