One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

My client Mr.X had been facing persistent noise disturbance from his neighbor Mr.Y for over two months. The noise occurred 2-3 times monthly, sometimes continuing until 3-4 AM. Mr.X had filed complaints with police helpline 112 twice in the past month, but authorities merely closed the cases without proper investigation. During a recent confrontation where Mr.X raised his voice about the ongoing nuisance, Mr.Y physically assaulted him by squeezing and scratching his neck. This escalated a civil noise dispute into a criminal assault case requiring immediate legal intervention.

Advice in Such Cases

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 to 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.

• Document all previous noise complaints and police response records immediately
• Seek medical examination for assault injuries, even minor ones
• File FIR for assault without delay at the nearest police station
• Collect witness statements from other neighbors who observed the incident

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), this case involves multiple provisions. Section 115 BNS covers voluntarily causing hurt, applicable when the neighbor squeezed and scratched the neck. Section 351 BNS addresses criminal intimidation if threats were made. Section 223 BNS deals with public nuisance for the ongoing noise disturbance. Additionally, BNSS Section 173 governs the FIR filing process and investigation procedures for such assault cases.

If You Are the Complainant

• File FIR immediately at police station with detailed incident description
• Provide all documentary evidence of previous noise complaints
• Submit medical certificate documenting assault injuries
• Request copy of FIR and ensure proper case registration
• Follow up regularly with investigating officer for case progress

If You Are the Victim

• Seek immediate medical attention and obtain detailed injury documentation
• Preserve physical evidence like torn clothing or photographs of injuries
• Avoid any further confrontation or communication with the accused
• Maintain detailed diary of all subsequent incidents or harassment
• Consider applying for anticipatory bail if counter-case threats emerge

How the Police Behave in Such Cases

Police typically treat neighbor disputes as minor civil matters initially. They may attempt mediation between parties or suggest compromise solutions. However, once physical assault occurs, they must register FIR under cognizable offense provisions. Officers often request medical evidence before proceeding with investigation and may delay action hoping for mutual settlement.

FAQs People Normally Have

Can noise complaints lead to criminal cases? Yes, persistent noise constitutes public nuisance under BNS Section 223.

Is neck scratching considered serious assault? Any unwanted physical contact causing hurt falls under BNS Section 115, regardless of injury severity.

Will police register FIR for neighbor fights? Yes, when physical assault occurs, police must register FIR as it’s a cognizable offense.

Can both parties file cases against each other? Yes, cross-cases are common in neighbor disputes involving mutual allegations.

What Evidence Is Required?

• Medical certificate documenting assault injuries
• Photographs of visible injuries or marks
• Previous police complaint records for noise disturbance
• Witness statements from neighbors who observed incident
• CCTV footage if available from building premises
• Audio recordings of previous noise complaints
• Written complaint history with building management

How Long Will the Investigation Take?

Neighbor assault cases typically take 3-6 months for investigation completion. Police will record statements from both parties, collect medical evidence, and examine witnesses. If charges are filed, court proceedings may extend another 6-12 months. Simple assault cases often conclude faster through plea bargaining or mutual compromise during investigation phase.

Advocate Sudhir Rao, Supreme Court of India