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 with concerns about how his past acquittal might affect his career prospects. In DD/MM/YYYY, a minor dispute with his neighbor escalated into counter FIRs being filed by both parties. Mr. X was charged under BNS 115(2) for voluntarily causing hurt, BNS 126(2) for wrongful restraint, and BNS 351(2) for criminal intimidation. The case proceeded through trial court where Mr. X was eventually acquitted of all charges. However, he was now facing difficulties with background verification for employment opportunities, as potential employers were raising concerns about the criminal case records despite his acquittal. The situation was causing significant stress as companies were hesitating to proceed with his job applications, viewing the mere existence of a criminal case as a red flag regardless of the favorable outcome.

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.

• Obtain certified copies of the acquittal order from the trial court immediately
• Prepare a comprehensive legal explanation letter detailing the circumstances and outcome
• Consider filing for expungement of records where legally permissible under specific circumstances

Applicable Sections of Law

The case involved charges under BNS Section 115(2) dealing with voluntarily causing hurt, BNS Section 126(2) concerning wrongful restraint, and BNS Section 351(2) relating to criminal intimidation. Under BNSS provisions, acquitted individuals have rights regarding record maintenance and disclosure. Section 173 of BNSS governs the finalization of investigation and chargesheet filing, while Section 248 deals with discharge proceedings. The acquittal creates a legal presumption of innocence that should be respected in employment contexts.

If You Are the Complainant

• File a detailed complaint with specific incidents and evidence documentation
• Maintain a record of all interactions and altercations with the opposing party
• Gather witness statements from neighbors or other observers present during incidents
• Preserve any video recordings, photographs, or physical evidence of the dispute
• Cooperate fully with police investigation while ensuring your rights are protected

If You Are the Victim

• Document all medical treatment received for any injuries sustained during the altercation
• File a counter-complaint immediately if false charges have been filed against you
• Engage a competent criminal lawyer specializing in such neighbor dispute cases
• Collect evidence proving your innocence and the malicious nature of charges
• Maintain detailed records of all legal proceedings and court appearances

How the Police Behave in Such Cases

Police typically treat neighbor disputes as civil matters initially, attempting mediation between parties. When FIRs are filed from both sides, they conduct parallel investigations. Officers often encourage mutual compromise to avoid lengthy litigation. However, they are bound to investigate registered complaints thoroughly. Police may sometimes show bias toward the party filing first or appearing more credible initially.

FAQs People Normally Have

Will acquittal clear my record completely? Acquittal means you are legally innocent, but records of the case may still exist in police and court databases.

Can employers reject me based on acquitted cases? Legally, acquittal should not be grounds for rejection, but practically some employers may still have concerns.

How long do case records remain in the system? Criminal case records typically remain permanently unless specifically expunged through legal procedures.

Should I disclose acquitted cases in job applications? This depends on specific application requirements and local employment laws.

What Evidence Is Required?

• Certified copy of the final acquittal order from the trial court
• Complete case records showing all proceedings and hearings
• Medical records if any injuries were claimed or sustained
• Witness statements supporting your version of events
• Character certificates from employers, colleagues, or community members
• Police investigation reports and chargesheet details
• Any settlement agreements or compromise deeds between parties

How Long Will the Investigation Take?

Initial police investigation typically takes 60-90 days from FIR registration. Trial proceedings can extend from 6 months to 2-3 years depending on court schedules and case complexity. Simple neighbor dispute cases with clear evidence usually resolve within 8-12 months. Appeal processes, if any, may add additional 6-12 months to the timeline.

Advocate Sudhir Rao, Supreme Court of India