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

A person reached out detailing a distressing situation involving their sister, Anjali. She is embroiled in a contentious divorce with her husband, Vikram, a Deputy Superintendent of Police in the city of Rampur. The family, living far from their support system, has faced immense pressure, including an incident of physical assault on a family member and the filing of false police complaints, seemingly to intimidate them into submission.

The case took a concerning turn when the local family court granted a decree of mutual divorce without conducting a single hearing, despite the matter being contested by Anjali. Suspecting undue influence due to Vikram’s position, the family challenged this decision in the High Court. Fortunately, the High Court admitted their appeal and recently dismissed Vikram’s plea to uphold the lower court’s questionable order. Despite these legal victories, the family lives in a state of constant fear and anxiety, wondering if the High Court’s involvement mitigates or exacerbates the risk of retaliation from a man who might feel his career is on the line.

Advice in such cases

Facing a legal battle against a person in a position of power, especially within the police force, requires a strategic and cautious approach. The apprehension of misuse of power is valid and must be addressed proactively.

• 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 resolve in 7-10 days.
• Meticulous Documentation: Keep a detailed, chronological record of every threat, act of intimidation, or suspicious event. Note the date, time, location, and what transpired. This log can become crucial evidence.
• Inform the Judiciary: Any instance of intimidation, threat, or attempt to influence the case should be brought to the notice of the High Court immediately through a sworn affidavit. The court can pass protective orders to prevent further harassment.
• Escalate Within the Department: File a formal complaint against the officer with his superiors, such as the Inspector General (IG) or the Director General of Police (DGP) of the state. Also, approach the State Police Complaints Authority, an independent body designed to handle such grievances.
• Seek Transfer of Proceedings: If there is a demonstrable apprehension of bias or threat, your lawyer can file a transfer petition in the Supreme Court to move the case to a different state to ensure a fair trial.

Applicable Sections of Law

Under the new criminal laws of India, several provisions can be invoked:

• For Physical Harm: Depending on the severity of the injury, sections like Section 115 (Punishment for voluntarily causing grievous hurt) of the Bharatiya Nyaya Sanhita, 2023 (BNS) can be applied.
• For Criminal Intimidation: Section 351(3) of the BNS deals with criminal intimidation, which includes threatening another with injury to their person, reputation, or property.
• For False Charges: If false police complaints have been filed, Section 245 of the BNS (False charge of offence made with intent to injure) is the relevant provision.
• Misuse of Official Position: Actions taken by a public servant to cause injury to any person can lead to departmental inquiries and penalties under service rules, in addition to criminal proceedings under the Prevention of Corruption Act, 1988.
• Procedural Law: The process for filing complaints, investigation, and trial is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

If you are the complainant

As the family supporting the victim, your role is critical. Be proactive and systematic. Immediately report any fresh incident of threat or harm to the police and your lawyer. Compile all evidence, including medical reports, photographs of injuries, and statements from any witnesses. Maintain open and constant communication with your legal counsel, providing them with all documented proof so they can effectively represent the matter in the High Court. Do not hesitate to file an application for police protection if the threats escalate.

If you are the victim

Your personal safety is paramount. If you feel the threat is imminent, consider temporarily relocating to a safer place. Ensure that trusted friends, family, and your lawyer are aware of your situation and whereabouts. Keep your mobile phone fully charged and save emergency contacts. Use your smartphone to record any threatening conversations (check legality with your lawyer) and be sure to save all intimidating text messages, emails, or social media interactions as evidence. The mental toll of such a situation is immense; seeking professional counseling can provide you with the strength to navigate this ordeal.

How the police behave in such cases

It is a known challenge that local police may show reluctance or bias when a complaint is against one of their own, especially a senior officer. They might delay the registration of a First Information Report (FIR), conduct a superficial investigation, or even attempt to persuade you to withdraw the complaint. However, the system has checks and balances. Escalating the matter to higher authorities like the DGP or filing a private complaint before a Magistrate under Section 173(3) of the BNSS can compel action. The fact that the case is already under the High Court’s scanner is a significant advantage, as it makes the police more accountable and cautious about their conduct, knowing their actions are subject to judicial review.

FAQs people normally have

What evidence is required?

A strong case is built on solid evidence. This includes:

• Direct Evidence: Testimony from eyewitnesses, CCTV footage of any incident, and audio or video recordings of threats.
• Documentary Evidence: Copies of threatening messages (SMS, WhatsApp), emails, social media posts, and call records. For physical harm, the medico-legal report (MLC) is vital. Copies of any false complaints filed by the opposing party are also crucial.
• Circumstantial Evidence: A well-maintained log of harassment, testimony from neighbors or friends who can attest to a pattern of intimidating behavior, and proof of prior complaints filed.

How long will the investigation take?

The timeline for an investigation can vary greatly. Ordinarily, it can take several months. However, in a sensitive case like this, where a senior police officer is the accused and the High Court is monitoring the proceedings, there is a possibility of an expedited investigation. Your lawyer can also press for a time-bound investigation by making a specific prayer before the court. While the BNSS prescribes timelines for various stages, practical delays can occur, but judicial oversight is your best tool to ensure timely progress.

Advocate Sudhir Rao, Supreme Court of India