If you are stuck in such a situation, here is what to do.

A troubling situation has emerged where a woman, Anjali, is allegedly being pressured by the police to file a formal complaint against a harasser, even though the accused has already been apprehended based on another victim’s complaint. Anjali works near Apex Towers in the city of Vikaspur. Early last month, around 7 PM, she was harassed by a man. She posted about the incident on a social media platform, tagging the local police.

A few days later, she learned through the news that another woman, Priya Sharma, had faced a similar incident with the same individual. Anjali contacted Priya and shared a video she had captured, confirming it was the same perpetrator. Following this, the police contacted Anjali, insisting she file an official complaint. They allegedly told her that if she refused, she would receive a court summons because she had tagged them on social media. They attempted to make her write a complaint on the spot, but she asked for time to think.

The situation grew more confusing as the police from the Apex Towers area claimed that Priya Sharma’s case was being handled by a different police station (Nehru Circle) and that since Anjali’s incident occurred in their jurisdiction, they needed to be involved. Despite Anjali clearly stating she did not want to file a separate complaint and would support Priya’s case as a witness if needed, the police pressure continued. Eventually, they visited her at her workplace and allegedly compelled her to sign a complaint, arguing that an additional FIR would ensure the accused remains in custody and cannot secure bail easily.

Anjali is suspicious of the police’s motives, wondering why one police station is so insistent on registering a new case when the accused is already in custody due to an existing one. This raises questions about police procedures, jurisdictional authority, and the rights of a victim who may not wish to be the primary complainant.

Advice in such cases

• Stay Calm and Document Everything: Keep a record of all interactions with the police, including dates, times, officer names, and what was said. If possible, communicate via email or have a witness present.
• Do Not Sign Anything Under Duress: You should never be forced to sign any document, including a complaint (FIR). Read everything carefully before signing. If you are being pressured, you have the right to refuse and seek legal counsel.
• Understand Jurisdictional Issues: While police stations have defined areas, multiple incidents by the same person can be linked. It is not always necessary for every victim to file a separate FIR; they can become witnesses in the primary case.
• 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 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 criminal laws of India, the following sections are relevant:

• Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with stalking. If the man followed, contacted, or attempted to contact the woman repeatedly, this section would apply.
• Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023: This addresses assault or the use of criminal force against a woman with the intent to outrage her modesty. The act of harassment could fall under this section.
• Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This outlines the procedure for recording information in cognizable cases (filing an FIR). It mandates that police must record information provided by a woman regarding certain offenses. However, this does not mean they can compel a person to file a complaint against their will.

If you are the complainant

If you find yourself in a situation like Anjali, where you are being pressured to become a complainant:

• State Your Position Clearly: Inform the police, preferably in writing, that you do not wish to file a new FIR but are willing to cooperate as a witness in the existing case filed by the other victim.
• Offer to Give a Witness Statement: You can have your statement recorded as a witness under Section 182 of the BNSS, which will support the ongoing investigation without making you a separate complainant.
• Report Police Misconduct: The female officer’s suggestion to complain to the SHO was appropriate. If you feel harassed or unduly pressured by police officers, you can file a formal complaint against them with a senior officer (like the ACP or DCP) or the Police Complaints Authority.
• 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 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.

If you are the victim

If you are a victim of harassment and decide to proceed with a complaint:

• File a Detailed FIR: Provide a clear, chronological account of the incident in your complaint. Do not omit any details, no matter how minor they seem.
• Preserve All Evidence: Secure any evidence you have, such as photos, videos, screenshots of messages, or contact details of any eyewitnesses.
• Cooperate with the Investigation: Attend all police station calls and court hearings as required. Your active participation is crucial for a successful prosecution.
• 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 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

The police’s insistence could be driven by several factors:

• Strengthening the Prosecution’s Case: Multiple FIRs against an individual for similar offenses establish a pattern of criminal behavior. This makes the accused appear as a habitual offender, which significantly weakens their chances of getting bail and strengthens the case for conviction.
• Jurisdictional Responsibility: The police station in the Apex Towers area may feel obligated to take action because the offense reported on social media occurred within their jurisdiction. Closing a case with a registered FIR reflects better on their performance records.
• Procedural Compulsion: When a cognizable offense is brought to their notice (even via social media), the police are technically bound to register an FIR under Section 173 of the BNSS. They might be trying to fulfill this procedural requirement, albeit in a coercive manner.

FAQs people normally have

• Can the police force me to file an FIR?
  No. Filing a complaint is your right. The police cannot legally compel or intimidate you into filing an FIR if you do not wish to be the complainant. You can, however, be summoned as a witness.
• What if I just want to be a witness in another related case?
  You have the right to do so. You can provide a written statement to the Investigating Officer of the primary case, which will be added to the case file. This makes you a prosecution witness without filing a separate FIR.
• Why would police want another FIR if the accused is already caught?
  As explained, it helps build a stronger case, establishes the accused as a habitual offender, and may be driven by the police station’s desire to officially close a complaint that falls within its jurisdiction.

What evidence is required?

To build a strong case of harassment or stalking, the following evidence is crucial:

• Your Testimony: A detailed and consistent account of the incident(s).
• Digital Evidence: Any videos or photographs of the incident or the accused, screenshots of social media posts, or call records.
• Eyewitness Testimony: Statements from anyone who saw the incident.
• Circumstantial Evidence: Proof of you being at the location at the time of the incident.

How long will the investigation take?

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, emphasizes the timely completion of investigations, especially in cases against women. The law mandates that the report of a medical examination of a rape victim be forwarded to the investigating officer within seven days. While there is no rigid deadline for all investigations, the courts expect them to be completed without undue delay. The duration depends on the complexity of the case, the evidence to be collected, and the cooperation of witnesses. For offenses punishable with imprisonment of three to seven years, the investigation should ideally be completed within 90 days.

Advocate Sudhir Rao, Supreme Court of India