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, a 23-year-old software professional, recently joined X.company and was provided accommodation at a company-designated hostel in City A. He hails from City B and was unfamiliar with local customs. Upon arrival at 21:00 hours, the caretaker Mr.Y demanded his Aadhaar card and other personal documents. Over the following days, Mr.Y began making unreasonable demands – asking for additional security deposits, restricting visitor timings arbitrarily, making inappropriate comments about Mr.X’s lifestyle, and threatening to complain to X.company if Mr.X didn’t comply with his illegal demands. The harassment escalated when Mr.Y started entering Mr.X’s room without permission and made threatening gestures. Mr.X felt intimidated and unsafe, affecting his work performance and mental health.

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 incidents immediately with dates, times, and witnesses if any
• Inform your company’s HR department about the harassment at their designated accommodation
• Keep audio recordings of threatening conversations if legally permissible in your state
• Seek alternative accommodation arrangements through proper channels

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several provisions apply to PG harassment cases. Section 351 deals with criminal intimidation, which covers threatening behavior by caretakers. Section 117 addresses voluntary causing hurt through mental harassment. Section 79 pertains to unlawful entry into private premises without consent. Additionally, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 allows for immediate police intervention in harassment cases, while Section 35 provides for recording statements of victims in a safe environment.

If You Are the Complainant

• File a written complaint at the nearest police station under relevant BNS sections
• Maintain a detailed diary of all incidents with photographic evidence where possible
• Gather contact information of other residents who may have witnessed similar behavior
• Request your company to intervene and provide alternative accommodation immediately
• Ensure you have copies of all rental agreements and official correspondence

If You Are the Victim

• Never confront the harasser alone; always have witnesses present during interactions
• Install security cameras in your room if permitted by accommodation rules
• Keep emergency contact numbers readily available including police and company security
• Document any physical evidence of harassment including damaged belongings
• Seek support from colleagues and maintain regular communication with family

How the Police Behave in Such Cases

Police typically treat PG harassment cases seriously, especially when they involve working professionals from other states. They usually conduct immediate verification of the complaints, visit the premises for investigation, and may detain the accused caretaker for questioning. However, some officers might initially suggest compromise, so victims should be firm about filing formal complaints and demanding proper investigation under BNSS provisions.

FAQs People Normally Have

• Can I break my PG contract due to harassment? Yes, harassment constitutes breach of peaceful enjoyment, allowing contract termination without penalty
• Will filing a complaint affect my job? No, companies are legally bound to support employees facing accommodation harassment
• What if the caretaker threatens to file counter-complaints? False counter-complaints are also criminal offenses under BNS Section 356
• Can I claim compensation for mental trauma? Yes, civil remedies are available alongside criminal action for harassment-induced damages

What Evidence Is Required?

• Written records of all harassment incidents with specific dates and times
• Audio or video recordings of threatening behavior where legally permissible
• Witness statements from other residents or visitors who observed the harassment
• Medical certificates if harassment caused physical or mental health issues
• Screenshots of threatening messages or inappropriate communications
• Rental agreements and official accommodation documents from your employer
• Company correspondence regarding accommodation arrangements and complaints

How Long Will the Investigation Take?

PG harassment investigations typically conclude within 60-90 days under BNSS timelines. Initial police response should occur within 24 hours of filing the complaint. Most cases reach resolution faster when employers cooperate and provide alternative accommodation. Complex cases involving multiple victims may extend to 120 days, but interim relief is usually available immediately.

Advocate Sudhir Rao, Supreme Court of India