In a quiet residential lane in the city of Jayanagar, the Verma family found themselves in a distressing and volatile situation with their neighbours, the Yadavs. For a long time, minor tensions had simmered between the two families who lived opposite each other. The Yadavs frequently discarded water in the lane, which would inconveniently flow towards the Verma family’s staircase. The Vermas, choosing to maintain peace, consistently ignored this nuisance.

The situation took a turn for the worse recently. During some construction work at an adjacent house, Mrs. Sunita Verma politely requested the workers to place some soil to divert the water flow away from her home. The workers kindly obliged. However, this simple act enraged Mrs. Kamla Yadav from the opposite house. She stormed out, accusing Mrs. Verma of illegally digging up the lane and began hurling abuses at her in full view of other residents. Despite Mrs. Verma’s calm and respectful demeanor, Mrs. Yadav continued her tirade.

Seeing his mother being verbally abused, Mrs. Verma’s son, Rohan, stepped in. He calmly asked a bystander why his mother was being subjected to such foul language when she was speaking respectfully. This reasonable question triggered a violent response. Mrs. Yadav’s son, Suresh, immediately grabbed a large stick (lathi) and moved to attack Rohan. Simultaneously, Mrs. Yadav charged towards the Verma’s gate and physically assaulted Rohan’s sister, Priya. Rohan, seeing his sister attacked, rushed to defend her, but his mother intervened, stopping him from retaliating.

Following this, Suresh stood outside their home, shouting death threats. He threatened that the moment Rohan steps out of the house, he would kill him. He further threatened Mrs. Verma that when her husband, Mr. Ajay Verma, returns from work, he would murder him and dump his body in a drain. To compound their aggression, the Yadavs proceeded to destroy the potted plants outside the Verma’s house and deliberately damaged their water motor.

A deeply concerning aspect of this incident was the silence of the neighbours who witnessed the entire event. The Vermas felt isolated as they were from a different regional background than most residents in the lane, who seemed to side with the Yadavs regardless of who was at fault. The Verma family is now living in fear due to the explicit death threats and the damage to their property.

Advice in such cases

When a neighbourhood disagreement escalates to threats, assault, and property damage, it is no longer a minor issue but a serious criminal matter. It is crucial to act decisively and legally to ensure your family’s safety and hold the perpetrators accountable.

• Prioritize Safety: Your family’s safety is the foremost priority. Avoid any further confrontation with the neighbours. If you feel the threat is imminent, do not hesitate to call the police emergency number immediately.
• Document Everything: Immediately take clear pictures and videos of the damaged property (the broken plants, the water motor). If anyone has injuries, take photographs of them as well.
• Identify Witnesses: Make a list of all the neighbours who witnessed the incident, even if they were silent. Their testimony could be crucial later.
• Preserve Evidence: If you have any CCTV cameras, secure the footage. If any part of the incident was recorded on a phone, preserve that video.
• Consult with a 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

Under the new Indian laws, several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, are applicable in this scenario:

• Section 124 of BNS (Assault or criminal force): This applies to the physical attack on your sister and the attempted attack on you with a stick.
• Section 326 of BNS (Mischief): This section covers the intentional damage to your property, such as the destruction of plants and the water motor.
• Section 351 of BNS (Criminal Intimidation): The death threats issued to you and your father fall squarely under this section, which is a serious, cognizable offence.
• Section 352 of BNS (Intentional insult with intent to provoke breach of the peace): The initial verbal abuse and insults hurled by the neighbour at your mother can be covered under this section.

If you are the complainant

Taking formal legal action is the most appropriate step to ensure such incidents are not repeated and to protect your family.

• File a Police Complaint: Go to your nearest police station and file a formal complaint. It is best to submit a written complaint detailing the entire sequence of events chronologically, from the initial water issue to the assault, property damage, and death threats. Name all the individuals involved.
• Insist on an FIR: Given the nature of the offences (assault, criminal intimidation), they are cognizable. This means the police are obligated to register a First Information Report (FIR). Do not settle for a Non-Cognizable Report (NCR).
• Consult with a 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.
• Submit All Evidence: Provide the police with all the evidence you have collected – photographs, videos, and the list of witnesses.
• Obtain a Copy: Once the FIR is registered, you have a right to get a copy of it, free of cost.

If you are the victim

As victims of a crime, you have specific rights and immediate steps you should take.

• Seek Medical Attention: If your sister or anyone else was injured in the assault, go to a government hospital immediately for a medical examination. This will generate a Medico-Legal Certificate (MLC), which is a vital piece of evidence.
• Do Not Compromise Under Pressure: The perpetrators or other community members might pressure you to “settle” the matter. Do not agree to any compromise, especially when serious threats have been made against your family’s life.
• Consult with a 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

Often, in cases of neighbour disputes, the police may initially try to downplay the situation and push for a mutual compromise to reduce their workload. They might suggest that you are overreacting or that it’s a minor squabble. However, you must stand firm. Politely but assertively explain the gravity of the situation, emphasizing the physical assault and, most importantly, the death threats. These are not minor issues. If the local police officer refuses to file an FIR, you have the right to approach a senior officer, like the Superintendent of Police (SP), or you can file a complaint directly with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful prosecution. The following are crucial:

• Photographic and video evidence of the damaged property and any injuries.
• The Medico-Legal Certificate (MLC) if anyone was physically harmed.
• CCTV footage from your house or any neighbouring houses that may have captured the incident.
• Statements from eyewitnesses. Even if they are reluctant, their names should be given to the police.
• A detailed, written complaint that is consistent and factual.

How long will the investigation take?

The duration of a police investigation can vary significantly. While the BNSS provides timelines for completing investigations, practical delays are common. The process involves recording statements from the complainant, the accused, and witnesses; collecting evidence; and preparing a final report (chargesheet). A good lawyer can help in following up with the police to ensure the investigation proceeds without undue delay. The complexity of the case and the cooperation of witnesses will also influence the timeline.

Advocate Sudhir Rao, Supreme Court of India