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

Ms. Anjali, a resident of an apartment complex in the city of Janakpuri, found herself in a distressing and prolonged dispute with her neighbours, the Verma family. For years, she endured a campaign of harassment. Mrs. Verma would frequently shout insults and threats, while Mr. Verma would position himself in the common area, often inadequately dressed, and persistently stare at Ms. Anjali whenever she entered or exited her home. The situation escalated when Mrs. Verma began physically blocking Ms. Anjali’s path and attempting to bump into her while shouting aggressively.

Throughout this ordeal, Ms. Anjali maintained her composure and never retaliated verbally. Sensing the need for evidence, she began documenting these incidents on her phone. After she lodged a formal complaint with the local police, the harassment intensified. Mr. Verma physically assaulted her, and his family members attempted to snatch her phone to destroy the video proof. The police, instead of acting solely on her complaint, registered a First Information Report (FIR) against both parties, creating a “cross-case” scenario. Now, with the matter in court, Ms. Anjali faces the challenge of finding a competent and ethical lawyer, as some have given her conflicting and questionable advice, particularly regarding her crucial video evidence.

Advice in such cases

When faced with neighbourly disputes that escalate to harassment and assault, it is imperative to act methodically and strategically. The primary goal is to ensure your safety and hold the perpetrators accountable under the law. Documenting every incident, no matter how minor it may seem, is the first step. This creates a pattern of behaviour that is difficult to refute in court. It is also crucial to understand your legal rights and the procedures involved, especially when a cross-case is filed against you.

Applicable Sections of Law

In such situations, several provisions of the new Indian criminal laws come into play. It is important to be aware of these sections:

• Section 78 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with stalking. The act of persistently watching or following a person, despite clear indications of disinterest, falls under this category.
• Section 115 of the BNS: This pertains to causing hurt. The physical assault described would be punishable under this section.
• Section 351 of the BNS: This section covers criminal intimidation. The verbal threats and aggressive behaviour intended to cause alarm are covered here.
• Section 73 of the BNS: This addresses assault or the use of criminal force against a woman with the intent to outrage her modesty. Persistent staring and physical intimidation could be interpreted under this section.
• Section 308 of the BNS: This section deals with snatching. The attempt to forcibly take the mobile phone constitutes an offence under this provision.
• Chapter III (Sections 34-44) of the BNS: This chapter on General Exceptions outlines the Right of Private Defence. Any action taken to protect oneself or one’s property from an imminent threat, such as assault or robbery, is legally justifiable under these sections.

If you are the complainant

As the person who has initiated the legal process, your role is to substantiate your claims with credible evidence and follow the correct legal procedure.

• Systematic Documentation: Keep a detailed log of every incident, including dates, times, what was said or done, and who was present.
• Preserve All Evidence: Safeguard all video and audio recordings, messages, and photographs. Create multiple backups in different locations (e.g., cloud storage, external hard drive).
• File a Detailed Complaint: When filing an FIR, be as specific as possible. If the police are uncooperative, you can send a written complaint to senior police officials like the Superintendent of Police (SP) or Commissioner. You also have the right to file a private complaint directly before the Magistrate under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• 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.

If you are the victim

Being a victim of a crime and simultaneously being accused in a cross-case can be daunting. It is a common tactic used by aggressors to intimidate and pressure the actual victim into a compromise or withdrawal of the case.

• Stand Firm on Self-Defence: The law provides you with the right to defend yourself and your property. If you have been charged for actions taken in self-defence, this is a complete defence. Your lawyer should argue this forcefully, supported by your video evidence.
• Quashing the False FIR: The FIR filed against you can be challenged. You can file a petition in the High Court under Section 561A of the BNSS to have the false case quashed. The video evidence showing you were defending yourself against multiple assailants will be the cornerstone of this petition.
• Do Not Be Intimidated: The opposing party’s summons date being earlier than yours is a procedural matter and does not imply the strength of their case. You are not necessarily required to attend their hearing unless you are summoned as a witness or a party for that specific date. Your lawyer will guide you on court appearances. The court will not dismiss their case based on your absence at a hearing you were not summoned for; it will proceed based on the evidence they present.

How the police behave in such cases

It is an unfortunate reality that police sometimes opt for the path of least resistance. Registering cross-FIRs is often a way to placate both parties, especially when one party may have local influence or when the situation appears convoluted to the investigating officer. They may initially fail to collect crucial evidence or conduct a perfunctory investigation. In such a scenario, do not be discouraged. The courts are the ultimate arbiters of justice. If the police investigation is biased, this can be brought to the attention of the Magistrate’s court when the chargesheet is filed.

FAQs people normally have

What evidence is required?

Evidence is the backbone of any criminal case. The more robust your evidence, the stronger your case.

• Video and Audio Recordings: This is the most powerful form of evidence. A lawyer advising you not to use a video of an assault is giving you poor counsel. A video capturing harassment or assault, even if it shows the inside of the aggressor’s home from a common area where the offence is taking place, is generally admissible. The argument of “provocation by recording” is weak against an act of physical violence. The video proves the sequence of events and can demolish false claims.
• Electronic Evidence Admissibility: Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), electronic records are admissible. You may need to provide a certificate under Section 63 of the BSA to prove the authenticity of the device and the recording, which your lawyer can help prepare.
• Witnesses: Testimony from other neighbours, delivery persons, or visitors who have witnessed the harassment can be very valuable.
• Medical Evidence: If you have been physically assaulted, immediately get a Medico-Legal Certificate (MLC) from a government hospital. This officially documents your injuries.

How long will the investigation take?

The legal process in India can be time-consuming. While the BNSS provides timelines for the police to complete their investigation (typically 60 to 90 days to file a chargesheet), the subsequent court trial has no fixed duration. The time taken depends on the complexity of the case, the number of witnesses, the court’s workload, and procedural delays. A straightforward case with clear video evidence may move faster. Patience and persistence, guided by a good lawyer, are key to navigating the judicial system successfully.

Advocate Sudhir Rao, Supreme Court of India