If you are stuck in such a situation, here is what to do.
Mr. Alok Verma, a software engineer living in Pune, was shocked when he received a phone call from a police officer in Raipur. The officer informed him that he, along with his elderly parents who also live in Pune, had been named in a First Information Report (FIR) filed by his sister-in-law, Mrs. Priya Sharma. The complaint alleged cruelty and dowry harassment against Priya’s husband, Sameer (Alok’s brother), and shockingly, included the entire Verma family, even those living over 1,000 kilometres away in a different state.
The Investigating Officer (IO) informally asked Alok and his parents to travel to Raipur immediately to record their statements. This situation is unfortunately common in matrimonial disputes, where distant relatives are often implicated with sweeping allegations. The question that arises is about the legality of such a summons and the course of action for those who find themselves in this predicament.
Advice in such cases
Stay Calm and Do Not Panic: Receiving a call from the police can be frightening. However, panicking can lead to poor decisions. Understand that an FIR is only the first step in an investigation, not a verdict of guilt.
Do Not Ignore the Communication: While a phone call is not a formal legal notice, ignoring it completely is unwise. It shows an unwillingness to cooperate. However, do not make any admissions or detailed statements over the phone.
Verify the Officer’s Identity: Politely ask for the officer’s name, rank, police station, and the FIR number. You have the right to verify that the call is genuine.
Gather Your Evidence: Immediately start collecting evidence that proves your place of residence and lack of involvement. This could include rent agreements, utility bills, office attendance records, travel tickets, or any communication that establishes your location far from the place of the alleged incidents.
Consult with Lawyer: 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
With the introduction of new criminal laws, the relevant provisions are now under the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Section 85 & 86 of the Bharatiya Nyaya Sanhita, 2023 (BNS): These sections deal with dowry-related cruelty and harassment by the husband or his relatives. They replace the earlier Section 498A of the IPC. The punishment for these offences is imprisonment for up to three years and a fine.
Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is a critical section that governs the procedure for police summons. It mandates that for any offence punishable with imprisonment for less than seven years (which includes sections 85 and 86 of BNS), the police officer shall not arrest the accused automatically. Instead, the officer is required to issue a “notice of appearance,” directing the person to appear before them. A simple phone call does not meet the legal requirement of a formal notice.
Supreme Court Guidelines: Landmark judgments like Arnesh Kumar vs. State of Bihar have laid down strict guidelines to prevent the automatic arrest of relatives in dowry cases. These principles are now codified within the BNSS, emphasizing the need for a preliminary inquiry and credible evidence before proceeding against distant family members.
If you are the complainant
Be Truthful: While filing a complaint, stick to the facts. Avoid the temptation to name every family member of your spouse out of anger or on bad advice. Falsely implicating individuals weakens your case and can lead to legal consequences for perjury.
Provide Specifics: Instead of making vague allegations, provide specific instances of harassment, including dates, times, and the exact role played by each person you are accusing.
Preserve Evidence: Keep records of any threatening messages, emails, call recordings, or witness information that can substantiate your claims.
Consult with Lawyer: 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
If you are the one who has been falsely accused from a distant city:
Seek Legal Representation Immediately: Your lawyer can interact with the IO on your behalf. They can file a formal response stating your willingness to cooperate while explaining the impracticality and legal dubiousness of travelling such a long distance based on an informal call.
Request for Investigation at Your Location: Your lawyer can request the IO to conduct the inquiry at your place of residence or a neutral location, or through video conferencing, especially for preliminary stages.
Apply for Anticipatory Bail: If you apprehend that the police might take coercive action, your lawyer can file for anticipatory bail in the appropriate court. This provides protection from arrest while the investigation is ongoing.
File for Quashing of FIR: If the allegations against you are demonstrably false and absurd (for example, you are accused of being present at an incident when you were verifiably in another city), your lawyer can approach the High Court to have the FIR against you quashed.
Consult with Lawyer: 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
The police often use phone calls as an initial tactic to gauge the reaction of the accused and to exert psychological pressure. They might be aware that summoning someone from a distant state requires a more formal procedure but use the informal call as a shortcut. The IO is legally obligated to conduct a fair investigation. This includes verifying the claims made in the FIR before proceeding. In matrimonial cases, police are generally instructed to first attempt reconciliation or mediation and to conduct a preliminary inquiry before making any arrests, especially of peripheral relatives.
FAQs people normally have
What evidence is required?
For the accused, the most crucial evidence is an alibi. This includes:
Official documents proving your residence (e.g., lease agreement, Aadhar card, passport).
Employment records, attendance sheets, or letters from your employer.
Travel documents like flight or train tickets that coincide with the dates of the alleged incidents.
Call Detail Records (CDRs) and mobile tower locations to prove your geographical presence elsewhere.
Witnesses who can testify to your whereabouts.
How long will the investigation take?
The duration of a police investigation is not fixed. As per the BNSS, efforts have been made to make the process time-bound, but in practice, it can take anywhere from a few months to over a year. The timeline depends on factors like the complexity of the case, the collection of evidence, the number of accused persons, and the workload of the investigating agency. Your cooperation, guided by legal advice, can help expedite the process from your end.
Advocate Sudhir Rao, Supreme Court of India