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

This incident occurred in the city of Panchkula. A young man, Rohan, had been renting a flat from a Mr. Gupta since January. The rental agreement was for 11 months, but a clause allowed either party to terminate it with a two-month notice. Rohan decided to exercise this option because of persistent issues with the landlord, particularly his three dogs that would frequently cause a nuisance near Rohan’s entrance. Despite the landlord agreeing to install a protective gate, he never followed through.

The situation escalated when Rohan, preparing to vacate, tried to shoo the dogs away with a stick to prevent them from bothering him. He insists he did not harm the animals and only intended to scare them. In the process, the stick accidentally made contact with the leg of Mr. Gupta’s daughter, Priya.

On the day of the move, the situation turned violent. The packers and movers from “Swift Movers” arrived to find the landlord had let his dogs loose, making the moving process difficult and intimidating for the workers. When Rohan and the movers requested Mr. Gupta to secure the dogs, he became belligerent, asserting his right to do as he pleased on his property. The argument quickly became heated, and Mr. Gupta suddenly slapped Rohan. Rohan, in self-defence, slapped him back. At this point, the landlord called upon his neighbours, who joined him in assaulting Rohan and vandalizing some of his belongings being moved.

The police were summoned to the scene. Their initial reaction was to assume Rohan had initiated the physical conflict, which was not the case. Although the packers and movers witnessed the entire event and could confirm that the landlord struck the first blow, they were hesitant to get involved in a police matter. Subsequently, Mr. Gupta and his daughter, Priya, went to the police station and filed an FIR, falsely accusing Rohan of assaulting Priya and breaking her leg. Rohan is now planning to file a counter-FIR after completing his move and is concerned about the possibility of being arrested based on these false allegations.

Advice in such cases

• Stay Calm and Do Not Escalate: In such volatile situations, it is crucial to remain as calm as possible and avoid further confrontation.
• Document Everything: Immediately take pictures and videos of your injuries, any damaged property, and the scene of the incident, if possible.
• Seek Medical Attention: Go to a government hospital for a Medico-Legal Certificate (MLC). This is a critical piece of evidence to document your injuries and prove the assault.
• File a Counter-FIR: Do not delay in filing a counter-complaint or FIR against the landlord and his associates. Detail the entire sequence of events, from the initial slap by the landlord to the assault by the neighbours and the vandalism of your property.
• Identify Witnesses: Note down the contact details of all potential witnesses, including the packers and movers. Even if they are reluctant, their testimony can be crucial during the investigation.
• 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 Indian penal laws, several sections would be relevant:

• Section 115 of Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with causing hurt and voluntarily causing grievous hurt. This would apply to the physical assault on Rohan.
• Section 326 of BNS, 2023: This section pertains to ‘Mischief,’ which covers the intentional damage or destruction of property. The vandalism of Rohan’s possessions falls under this.
• Section 351 of BNS, 2023: This addresses ‘Criminal Intimidation,’ which could apply to the threats and menacing behaviour of the landlord and his neighbours.
• Section 234 of BNS, 2023: This deals with giving false information to a public servant. If the landlord’s FIR is proven to be maliciously false, he could be prosecuted under this section.

If you are the complainant

• File a Detailed Complaint: Your FIR should be comprehensive. Mention the background of the dispute (the tenancy and reason for leaving), the landlord’s aggressive behaviour, who struck the first blow, the involvement of neighbours, and the specific items that were damaged.
• Name All Accused: Clearly name the landlord and describe the neighbours who participated in the assault.
• Submit All Evidence: Provide the police with your MLC, photos of injuries and damaged goods, and a list of witnesses (the “Swift Movers” team).
• Follow Up: Regularly follow up with the investigating officer regarding the progress of your 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.

If you are the victim

If a false FIR has been filed against you, as in Rohan’s case:

• Do Not Panic: A false FIR is a serious matter, but the burden of proof lies with the complainant. The landlord and his daughter will have to produce medical evidence (doctor’s reports, X-rays) to substantiate their claim of a broken leg, which they likely cannot do.
• Seek Anticipatory Bail: To avoid a potential arrest based on the false FIR, you should immediately file for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Your lawyer will present your side of the story to the court.
• Gather Counter-Evidence: Collect evidence that refutes their claims. This includes your own MLC, photos of your injuries, and witness statements that prove you were the one who was assaulted.
• Cooperate with the Investigation: Fully cooperate with the police investigation but always have your lawyer present during questioning. Present your evidence and version of events clearly.
• 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

In disputes of this nature, police behaviour can vary. Often, they might initially try to broker a compromise to avoid registering cross-FIRs. They may appear biased towards the party that approached them first or seems more influential. However, if both parties insist, the police are obligated to register both complaints (cross-cases) and investigate them. The investigation will involve recording statements from all parties and witnesses, collecting medical evidence, and visiting the crime scene. An unbiased investigation should reveal the truth.

FAQs people normally have

Can I be arrested based on a false FIR?

Yes, the police have the power to arrest based on the allegations in an FIR, especially if the alleged offence is non-bailable. This is why seeking anticipatory bail is a critical and immediate step to protect your liberty.

What if the witnesses (packers and movers) refuse to testify?

While their refusal complicates matters, it doesn’t end your case. The police can still officially summon them to record their statements. Their reluctance can be brought to the notice of the court. Your case will then rely more heavily on other evidence like your MLC, circumstantial evidence, and the lack of evidence from the opposing party.

What evidence is required?

• Medico-Legal Certificate (MLC): The most crucial piece of evidence to prove physical assault and the nature of injuries.
• Photographs and Videos: Visual proof of injuries, vandalized property, or the altercation itself.
• Witness Testimony: Statements from neutral parties like the movers, or even other neighbours who might have seen the incident.
• CCTV Footage: If available from the building or any nearby cameras, this can be incontrovertible proof.
• Documentary Evidence: The rent agreement and the notice of termination help establish the motive and context of the dispute.

How long will the investigation take?

The duration of a police investigation can range from a few weeks to several months. It depends on factors like the complexity of the case, the workload of the local police station, the availability of witnesses, and the cooperation of the parties involved. After the investigation, the police will file a final report (chargesheet or closure report) in court, and the judicial process will begin.

Advocate Sudhir Rao, Supreme Court of India