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.

Mr.X approached me regarding continuous harassment by his in-laws who had filed multiple fake non-cognizable reports online. The in-laws were using the online NC system to file false complaints regularly, causing Mr.X and his father Mr.Y to be summoned for questioning repeatedly. Despite having clear video evidence showing Mr.X leaving his house the day before the alleged incident and returning three days later, the local police showed no interest in examining this crucial proof. The harassment had escalated to the point where both father and son were being called to the police station almost weekly, disrupting their work and causing mental agony. The in-laws were systematically misusing the online complaint system to settle personal scores and create legal troubles for the family.

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 instances of harassment and false complaints with dates and details
• Compile all evidence including videos, photographs, and witness statements systematically
• File a counter-complaint for harassment and filing false cases against your accusers

Applicable Sections of Law

The following sections of BNS and BNSS apply in such harassment cases:

• Section 182 BNS – Giving false information to public servant
• Section 221 BNS – Intentional insult with intent to provoke breach of peace
• Section 351 BNS – Criminal intimidation
• Section 182 BNSS – Police powers regarding non-cognizable cases
• Section 199 BNSS – Investigation of non-cognizable cases

Online NCs hold legal value but can be misused for harassment when filed repeatedly without merit.

If You Are the Complainant

• Ensure your complaint is genuine and backed by substantial evidence before filing
• Provide complete details and supporting documents when submitting online NC
• Follow up with local police station regarding investigation progress
• Maintain records of all communications and responses from authorities
• Be prepared to appear for questioning and provide additional evidence if required

If You Are the Victim

• Collect all evidence proving your innocence including CCTV footage, travel records, witness statements
• Document every instance of harassment including police summons and questioning sessions
• File a complaint against false accusers under relevant sections of BNS
• Seek anticipatory bail if you fear arrest based on false complaints
• Approach higher police authorities if local police refuse to investigate your evidence properly

How the Police Behave in Such Cases

Police typically treat non-cognizable cases with less urgency since they cannot arrest without warrant. However, they are duty-bound to investigate when complaints are filed. Unfortunately, some officers may not thoroughly examine evidence, especially in family disputes. They often try to mediate rather than investigate properly. In cases of repeated false complaints, police may become reluctant to take action, viewing it as a family matter rather than criminal harassment.

FAQs People Normally Have

Do online NCs have legal validity? Yes, online non-cognizable reports have the same legal validity as those filed in person at police stations.

Can police arrest based on NC? No, police cannot arrest without warrant in non-cognizable cases but can summon for questioning.

How to stop fake NCs? File counter-complaint for harassment and false information, seek legal remedy through courts.

What if police ignore evidence? Approach senior police officers or magistrate with evidence and complaint against investigating officer’s negligence.

What Evidence Is Required?

• Video recordings showing your location during alleged incident time
• CCTV footage from relevant locations and timestamps
• Travel tickets, hotel bookings, or other location proof
• Mobile phone location data and call records
• Witness statements from credible sources
• Documentation of all false complaints filed against you
• Records of police harassment including summons and questioning details

How Long Will the Investigation Take?

Non-cognizable case investigations typically take 2-6 months depending on complexity and police cooperation. Since these cases don’t have strict timelines like cognizable offenses, investigations may drag on. Filing complaints in higher courts or approaching senior police officials can expedite the process. Counter-complaints against false accusers usually progress faster when backed by solid evidence.

Advocate Sudhir Rao, Supreme Court of India