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

Mr. Alok Sharma, a 38-year-old marketing manager residing in the city of Anandpur, finds himself in a terrifying predicament. He has received credible threats of being kidnapped and subjected to severe harm. The alleged mastermind behind this sinister plot is his own uncle, Mr. Vikram Singh, who is reportedly colluding with several other family members. Their objective is to illegally seize the ancestral home and substantial bank deposits that Mr. Sharma inherited from his late father.

The conspirators are allegedly manipulating Mr. Sharma’s 78-year-old mother, who suffers from significant vision impairment, to aid their scheme. The plan involves abducting Mr. Sharma using local criminals, incapacitating him with sedatives, and then having him wrongfully committed to a psychiatric facility under the guise of mental instability. This would provide them with the time and opportunity to fraudulently transfer the property titles and change the nominations on the bank deposits to their own names. Mr. Sharma has reason to believe that his uncle has connections with illicit medical networks involved in criminal activities. Overwhelmed by fear, Mr. Sharma is currently confined to his home, seeking urgent legal guidance.

Advice in such cases

• Document Everything: Keep a detailed diary of all threats, suspicious activities, and conversations. Note down the date, time, location, and people involved.
• Secure Your Documents: Ensure all original property documents, bank records, and personal identification are in a safe and secure location, preferably outside your home, such as a bank locker.
• Inform Trusted Individuals: Confide in trusted friends, neighbours, or colleagues about your situation. Their testimony could be crucial later.
• File a Police Complaint: Immediately file a formal complaint with the police detailing the conspiracy, the threats, and the individuals involved. This creates an official record of the threat against you.
• 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

The actions described constitute several serious offences under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):

• Section 61 of BNS, 2023: Criminal Conspiracy. This applies to the agreement between the uncle and other relatives to commit an illegal act.
• Section 137 of BNS, 2023: Kidnapping. The plan to abduct you against your will falls under this section.
• Section 147 of BNS, 2023: Wrongful Confinement. Forcibly admitting you to a mental hospital under false pretences would constitute wrongful confinement.
• Section 308 of BNS, 2023: Extortion. The entire plot is aimed at putting you in fear of injury to dishonestly induce you to deliver property.
• Section 351 of BNS, 2023: Criminal Intimidation. The threats of kidnapping and harm are acts of criminal intimidation.
• Section 119 of BNS, 2023: Causing hurt by means of poison, etc., with intent to commit an offence. The plan to use sedative injections is covered under this section.

If you are the complainant

• Draft a comprehensive written complaint addressed to the Station House Officer (SHO) of your local police station. Clearly state all the facts, name the accused persons, and describe the threats and the conspiracy in detail.
• If the police at the local station are uncooperative or refuse to register a First Information Report (FIR), you can send your complaint in writing and by post to the Superintendent of Police (SP) or another senior officer.
• If no action is taken even then, you have the right to file a private complaint directly before a Magistrate under Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• 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

• Preserve any and all evidence of the threats, such as text messages, emails, or call recordings. If possible, try to record any threatening conversations safely and discreetly.
• Cooperate fully with the police investigation once an FIR is filed. Provide them with all the information and evidence you have collected.
• 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
• Your lawyer can also advise you on filing a civil suit for an injunction to prevent the relatives from illegally transferring or interfering with your property while the criminal case is ongoing.

How the police behave in such cases

Initially, the police might be hesitant to intervene, sometimes mischaracterizing such serious threats as a “family dispute” or a “property matter.” They may ask for concrete proof of the threat before registering an FIR. However, persistence is key. When a complaint is well-drafted, clearly outlines the criminal elements (conspiracy, kidnapping threat, extortion), and is presented with the assistance of a lawyer, the police are more likely to take it seriously and initiate a proper investigation as per the law.

FAQs people normally have

What evidence is required?

Evidence is crucial for a strong case. This can include:

• Digital Evidence: Recordings of phone calls, saved text messages, WhatsApp chats, or emails containing threats.
• Witness Testimony: Statements from friends, neighbours, or other family members who have witnessed the threats or are aware of the conspiracy.
• Documentary Evidence: Copies of property deeds and bank statements to establish your ownership and the motive for the crime.
• Circumstantial Evidence: A log of suspicious activities, such as unknown individuals loitering near your home.

How long will the investigation take?

The duration of a police investigation can vary significantly. It depends on factors like the complexity of the case, the amount of evidence available, the cooperation of witnesses, and the workload of the investigating agency. It can range from a few months to over a year. A lawyer can help in following up with the police to ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India