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

Mr. and Mrs. Verma, residents of Panipat, recently found themselves in a distressing situation. They had hired a new domestic help, Ms. Anita, about a month ago. Soon after, they noticed her behaviour was becoming increasingly intrusive. She would frequently ask personal questions about the value of Mrs. Verma’s jewellery, their monthly rent, their salaries, and other private financial matters, making the couple deeply uncomfortable.

Furthermore, for several weeks, Ms. Anita repeatedly brought up her supposed close relationship with a prominent public figure, Mr. Arjun Mehra. She claimed they were good friends, spoke regularly, and that he considered her a sister. This narrative took a strange turn when Mrs. Verma observed Ms. Anita on what appeared to be a video call with this person. Upon closer inspection, she realised that Ms. Anita was merely playing a YouTube video of Mr. Mehra at a low volume, creating the illusion of a live conversation. This act of deceit was the final straw.

Given her dishonesty and intrusive nature, the Vermas decided to terminate her employment. They informed her politely that her services were no longer required. However, the situation escalated when Ms. Anita returned to their residence, shouting and creating a commotion outside their door. She explicitly threatened to file a false police case against them. Wisely, the couple did not engage but managed to record her threatening statements on a mobile phone. She repeated these threats the following morning.

The Vermas now feel anxious, fearing potential false allegations and harassment. A friend advised them against filing a police complaint, warning that it could be twisted against them, potentially involving demands for money or misuse of laws designed for the protection of women. As law-abiding citizens with a clean record, they are unsure of the correct legal steps to protect themselves.

Advice in such cases

• Do Not Engage: Cease all direct communication with the individual. Do not respond to calls, messages, or attempts at confrontation. Engaging can escalate the situation.
• Preserve Evidence: Securely save any evidence you have. This includes video or audio recordings of threats, text messages, or any other form of communication. Make backups of this evidence.
• Inform Your Neighbours/Security: Inform your building security or trusted neighbours about the situation so they can be witnesses if the person returns to create a disturbance.
• File a Police Complaint: It is crucial to file a formal written complaint at your local police station. This creates an official record of your side of the story first, which is a powerful tool against any future false allegations.
• 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

In such scenarios, several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) may be applicable to protect you:

• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses criminal intimidation. Threatening to file a false police case to cause alarm or harm to your reputation squarely falls under this provision.
• Section 314 & 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): These sections deal with extortion. If the threats are accompanied by a demand for money or any other valuable, it constitutes the offence of extortion.
• Section 243 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to making a false charge of an offence with the intent to cause injury. If the person proceeds to file a fabricated police complaint, they can be prosecuted under this section.

If you are the complainant

If you find yourself in the position of the Verma family, here are the steps to follow:

• Draft a Complaint: Write a detailed, chronological account of all the events, from the hiring to the intrusive questions, the deception, the termination, and the subsequent threats. Be factual and precise.
• Submit Evidence: Attach copies or transcripts of any evidence you have, such as the recordings of the threats.
• File at the Police Station: Visit your local police station and submit the written complaint to the Station House Officer (SHO). Insist on receiving a formal, stamped receipt or a Diary Number for your complaint. This is proof that your complaint has been officially received.
• Follow Up: Stay in touch with the investigating officer to know the status of your complaint. Your lawyer can do this on your behalf.
• 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 a false complaint has already been filed against you, the situation requires immediate and careful handling.

• Do Not Panic: It is natural to feel stressed, but panicking can lead to poor decisions.
• Gather Your Evidence: Immediately compile all the evidence that proves your innocence and demonstrates the complainant’s malicious intent. This includes your prior complaint, if you filed one.
• Anticipatory Bail: Depending on the nature of the allegations in the false FIR, your lawyer may advise you to apply for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to prevent any potential arrest.
• Quashing the FIR: Your lawyer can file a petition in the High Court under Section 529 of the BNSS to have the false FIR quashed, arguing that it is a misuse of the legal process.
• 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

Typically, when police receive a complaint of this nature, they will first conduct a preliminary inquiry. They are aware that domestic and employment disputes can often lead to exaggerated or false claims. They will likely call both parties to the station to hear their respective versions. Having a pre-existing complaint on record from your side gives your version significant credibility. The police will examine the evidence presented and may try to mediate or, if a cognizable offence is made out, proceed with a formal investigation.

FAQs people normally have

Should I really file a police complaint first? I’m worried it will make things worse.

Yes. Filing a complaint is a defensive and preemptive measure. It establishes an official record of the harassment and threats you are facing. This record is invaluable if the other party later files a false case against you. It shows that you were the one who was originally aggrieved.

What if the person misuses laws meant for protecting women or other specific communities?

This is a valid concern, but the law has safeguards against its misuse. The police are required to investigate the veracity of any claim. Your prior complaint, along with your evidence (like recordings of threats), will be crucial in demonstrating that the allegations against you are retaliatory and false.

Can I just ignore the person and hope they go away?

Ignoring the person is not advisable when they have made specific threats to file a police case. Their silence could mean they are proceeding with their threat. Taking proactive legal steps is the safest way to protect yourself and your family.

What evidence is required?

• Recordings: Audio or video recordings of the threats are very strong evidence.
• Digital Communication: Any threatening or abusive text messages, WhatsApp chats, or emails.
• Witnesses: Statements from neighbours, security guards, or anyone else who witnessed the harassment or threats.
• A Written Timeline: A detailed, dated account of all incidents.
• Your Own Complaint: A copy of the police complaint you filed serves as primary evidence of your proactive stance.

How long will the investigation take?

The duration of a police investigation can vary greatly. A preliminary inquiry might be resolved within a few days or weeks. If a formal FIR is registered, the investigation can take several months, depending on the complexity of the case, the evidence involved, and the workload of the police. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), there are timelines prescribed for completing investigations, but delays can occur.

Advocate Sudhir Rao, Supreme Court of India