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 in distress after facing continuous harassment from police regarding an accident involving a motorcycle he had legally transferred to XYZ Motorcycles Pvt Ltd sixteen months earlier. In DD/MM/YYYY, Mr.X had exchanged his old motorcycle at the dealership when purchasing a new one, obtaining proper delivery documentation stating the dealership’s ownership transfer. However, police from City A were repeatedly calling him without any written notice, demanding his presence regarding an accident that occurred months after the sale. The harassment escalated despite Mr.X providing evidence of the legal transfer, creating mental trauma and affecting his daily routine.

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.

Always demand written communication from police before responding to any calls. Maintain all original vehicle transfer documents safely and provide only photocopies to authorities. File a complaint with higher police authorities if harassment continues without proper legal basis.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 351 addresses criminal intimidation which applies when police harass without legal basis. Section 196 covers public servant disobeying law which can be invoked if police act beyond their authority. Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 mandates proper investigation procedures, while Section 41 requires following due process before summoning individuals. These provisions protect citizens from unauthorized harassment and ensure lawful police conduct.

If You Are the Complainant

• File written complaint with Superintendent of Police against harassing officers
• Submit application to District Collector highlighting police misconduct
• Approach High Court under Article 226 for protection from harassment
• Lodge complaint with State Human Rights Commission citing fundamental rights violation
• Maintain detailed records of all telephonic harassment with dates and times

If You Are the Victim

• Immediately cease all telephonic communications with investigating officers
• Demand written notice specifying exact allegations and legal provisions
• Submit representation to police with vehicle transfer documents proving your position
• File anticipatory bail application if harassment escalates to arrest threats
• Document all incidents of harassment for potential compensation claims later

How the Police Behave in Such Cases

Police typically rely on registered vehicle owner records without verifying actual ownership transfer. They often use telephonic pressure tactics to avoid proper legal procedures. Many officers are unaware of vehicle transfer laws and continue harassment despite clear documentation. However, senior officers usually cooperate when approached with proper legal representation and documentary evidence.

FAQs People Normally Have

Can police call without written notice? Police must follow due process and provide written notice except in urgent circumstances.

Is vehicle transfer document sufficient protection? Yes, proper transfer documentation legally absolves previous owners from subsequent liabilities.

What if police threaten arrest over phone? Demand written arrest warrant and immediately contact your lawyer for anticipatory bail.

Can I ignore police calls completely? Better to respond through legal counsel rather than ignoring, which may escalate matters.

What Evidence Is Required?

• Original vehicle sale/exchange receipt from authorized dealer
• Delivery note explicitly mentioning ownership transfer
• Vehicle registration transfer acknowledgment from RTO
• Bank transaction records of vehicle purchase/exchange
• Insurance policy showing coverage period
• Call records showing harassment timeline
• Witness statements from dealership staff if available

How Long Will the Investigation Take?

Vehicle transfer verification typically takes 2-4 weeks once proper documentation is submitted. Police harassment cases require 1-2 months for resolution through senior officer intervention. High Court proceedings may extend 6-12 months depending on case complexity. However, immediate relief through legal representation usually resolves harassment within 30 days.

Advocate Sudhir Rao, Supreme Court of India