If you are stuck in such a situation, here is what to do.

In a residential colony in the city of Anandpur, a long-standing dispute between two neighboring families, the Mehtas and the Sinhas, recently escalated into a serious confrontation. The issue began over drainage water flowing towards the Mehta family’s staircase. Mrs. Mehta politely requested some construction workers nearby to place some soil to divert the water, which they did.

This simple request enraged Mrs. Sinha from the opposite house. She began shouting and verbally abusing Mrs. Mehta in front of several neighbors. When Mrs. Mehta’s son, Rohan, questioned the disrespectful language being used against his mother, the situation turned violent. Mrs. Sinha’s son, Vikram, grabbed a large stick (lathi) and threatened to assault Rohan. Simultaneously, Mrs. Sinha charged towards the Mehtas’ gate and physically attacked Rohan’s sister, Priya.

Following the assault, Vikram stood outside the Mehta residence and issued direct death threats. He shouted that he would kill Rohan the next time he saw him outside. He further threatened Mrs. Mehta that when her husband, Mr. Mehta, returned from work, he would murder him and dispose of his body in a drain. In addition to these threats, the Sinha family damaged the potted plants outside the Mehtas’ home and broke their water motor.

Despite numerous neighbors witnessing the entire incident, none came forward to intervene or support the Mehta family, who felt isolated and vulnerable. The family is now deeply concerned about the death threats and the property damage they have suffered.

Advice in such cases

• Prioritize Safety: The first step is to ensure the safety of all family members. Avoid any further confrontation with the aggressors. Stay inside and lock your doors.
• Do Not Retaliate: Engaging in a physical or verbal fight will only escalate the situation and could potentially lead to cross-complaints, complicating your legal position.
• Gather Evidence: If it is safe to do so, take photographs and videos of the damaged property (plants, water motor). Note down the names and addresses of all the neighbors who witnessed the incident, even if they are not cooperating at the moment. Their testimony can be crucial later.
• Seek Medical Help: If anyone has been injured, no matter how minor the injury seems, visit a government hospital immediately and get a Medico-Legal Certificate (MLC) prepared. This is a vital piece of evidence to prove assault.
• 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 of 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.

Applicable Sections of Law

Under the new Bharatiya Nyaya Sanhita (BNS), 2023, several sections are applicable in such a scenario:

• Section 115 of BNS, 2023 (Voluntarily Causing Hurt): For the physical assault on the sister.
• Section 73 of BNS, 2023 (Assault or criminal force to woman with intent to outrage her modesty): Applicable for the physical attack on a female family member.
• Section 326 of BNS, 2023 (Mischief): For the intentional damage caused to the plants and the water motor.
• Section 351 of BNS, 2023 (Criminal Intimidation): For the death threats issued against the father and son. Since the threat was to cause death, it is a serious offense under this section.
• Section 352 of BNS, 2023 (Intentional insult with intent to provoke breach of the peace): For the initial verbal abuse and insults hurled to provoke a reaction.

If you are the complainant

• Draft a detailed written complaint addressed to the Station House Officer (SHO) of your local police station. Clearly state the sequence of events, the date, time, location, names of the accused, and the specific actions (assault, threats, damage).
• Mention all the applicable offenses in your complaint.
• Attach copies of any evidence you have, such as photographs of the damage or the MLC report.
• Submit the complaint and get a formal receiving copy (a stamped acknowledgment) for your records. This is crucial proof that you have filed the complaint.
• If the police refuse to register a First Information Report (FIR), you can send a written complaint via registered post to the Superintendent of Police (SP) or a higher-ranking officer.
• If no action is taken even then, you can file a private complaint before the jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• 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 of 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.

If you are the victim

• Your immediate priority is your physical and mental well-being. Seek medical attention first.
• Preserve all physical evidence. Do not wash clothes worn during the assault, as they may contain forensic evidence.
• Document everything. Write down the entire incident in as much detail as possible while it is still fresh in your memory.
• Do not engage in any form of negotiation or settlement with the accused without legal advice. They may try to intimidate or pressure you into withdrawing the complaint.
• 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 of 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.

How the police behave in such cases

Police response can vary. In cases of neighbor disputes, they might initially try to mediate and encourage a compromise to avoid registering an FIR. They may perceive it as a minor issue. However, when the complaint includes serious cognizable offenses like assault on a woman, causing hurt, and criminal intimidation (death threats), they are legally obligated to register an FIR and investigate. Be firm and clear about the gravity of the offenses. Having a lawyer accompany you to the police station can often ensure that the complaint is taken seriously.

FAQs people normally have

What evidence is required?

• Medico-Legal Certificate (MLC): This is the most critical piece of evidence to prove physical injury.
• Photographs and Videos: Visual proof of the damaged property is very effective.
• Eyewitness Testimony: Statements from people who saw the incident. Even if neighbors are hesitant now, the police can summon them to give statements during the investigation.
• Victim and Witness Statements: Consistent and detailed accounts from all family members involved are crucial.
• CCTV Footage: If any cameras in the lane (from other houses or shops) captured the incident, it would be powerful evidence.

How long will the investigation take?

The timeline for a police investigation is not fixed. It depends on factors like the complexity of the case, the collection of evidence, and the cooperation of witnesses. As per the BNSS, the police are required to complete the investigation and file a charge sheet (final report) in court, typically within 60 to 90 days from the date of arrest of the accused, depending on the severity of the offenses. Your lawyer can follow up with the police to ensure the investigation proceeds without unnecessary delays.

Advocate Sudhir Rao, Supreme Court of India