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

Mr. Anand Sharma, a resident of the village of Devgarh, recently found himself in a terrifying situation. He had a pre-existing financial disagreement with his own brother, Mr. Vikram Sharma, a person of considerable influence in the area. After a partial settlement of an old debt, their relationship remained tense. Mr. Anand, a man of modest means, invested his life savings into legally purchasing a plot of land after months of negotiations. Unbeknownst to him, his brother also had his eyes on the same property.

Feeling his ego was hurt because his brother managed to secure the land, Mr. Vikram’s family allegedly decided to take matters into their own hands. One afternoon, while Mr. Anand was on his newly acquired land, his nephews confronted him. They reportedly assaulted him with wooden sticks, shouting threats to kill him and warning him that he would be forced out of the village he has lived in for over two decades. Mr. Anand is now deeply concerned for his life and the safety of his family, fearing that his brother’s power and influence could be used to bribe authorities and deny him justice. He is worried that the next attack could be far more severe.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act swiftly and strategically. Your safety and legal rights are paramount.

• Prioritize Safety: Immediately remove yourself and your family from the dangerous situation. Go to a safe location, perhaps a friend’s or another relative’s house. Do not engage with the aggressors.
• Medical Examination: If you have been physically assaulted, your first step should be to visit the nearest government hospital for a medical examination. This will create a Medico-Legal Case (MLC) report, which is a crucial piece of evidence documenting your injuries.
• Gather Evidence: Collect any evidence you can. This includes photographs or videos of your injuries, the names of any eyewitnesses, and any threatening messages you may have received.
• File an FIR: Go to the nearest police station and file a First Information Report (FIR) against the individuals who assaulted and threatened you. Clearly state all the facts, including the history of the dispute, the details of the assault, the exact words of the threats, and the names of the accused and any witnesses.
• 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 fall under several serious offences under the Bharatiya Nyaya Sanhita, 2023 (BNS). The police may register an FIR under the following sections:

• Section 115 of BNS (Voluntarily causing hurt): For the physical assault that causes bodily pain.
• Section 117 of BNS (Voluntarily causing grievous hurt): If the assault results in serious injuries like fractures. The use of wooden sticks can bring the case under this section.
• Section 351 of BNS (Criminal intimidation): For threatening to kill or cause grievous harm. This is a serious offence, especially when the threat is to cause death.
• Section 362 of BNS (Wrongful restraint): For preventing you from accessing or being on your own property.
• Section 109 of BNS (Attempt to murder): If the nature of the assault and the words used (“maar ise,” etc.) indicate a clear intention to kill, this very serious charge could be applied.

If you are the complainant

As the person filing the complaint, you must be proactive to ensure your case is handled correctly.

• Draft a Clear Complaint: Before going to the police station, write down the entire sequence of events clearly and chronologically. Mention the date, time, location, names of assailants, weapons used, and specific threats made.
• Submit the Complaint: Provide your written complaint to the officer in charge at the police station. Ensure you get a receiving copy or the FIR number for your records.
• Follow Up: Stay in regular contact with the Investigating Officer (IO) assigned to your case to check on the progress of the investigation.
• Do Not Yield to Pressure: Influential opponents may try to pressure you into withdrawing the case or reaching a “compromise.” Do not agree to anything without legal advice.
• 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

As the victim, your well-being and the pursuit of justice are the primary goals.

• Preserve All Evidence: Keep the clothes you were wearing during the assault as they may have evidentiary value. Do not delete any call records or messages related to the incident.
• Document Everything: Maintain a diary of all events, including every threat, every interaction with the police, and any attempts by the opposing party to contact you.
• Seek Protection: If you continue to feel threatened, you can file an application with the police or the court seeking police protection.
• Civil Remedies: Alongside the criminal case, you can also file a civil suit for an injunction to prevent the aggressors from entering your property or interfering with your peaceful possession of the land.
• 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

Ideally, the police should register an FIR immediately upon receiving a complaint about a cognizable offence like assault and criminal intimidation. They are obligated to investigate the matter, collect evidence, and arrest the accused if necessary. However, in cases involving influential individuals, there can be challenges. The police might be hesitant, delay the registration of the FIR, or conduct a lax investigation. If the local police station refuses to register your FIR, you can send your written complaint to the Superintendent of Police (SP) by registered post. If there is still no action, your lawyer can help you file a complaint directly with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), who can then order the police to register the FIR and investigate.

FAQs people normally have

What evidence is required?

A strong case is built on solid evidence. The following are crucial:

• Medico-Legal Case (MLC) Report: This is the most critical piece of evidence to prove physical assault and the nature of injuries.
• Eyewitness Testimony: Statements from people who saw the assault or heard the threats are very powerful.
• Photographs/Videos: Any visual proof of injuries, the location of the incident, or the accused at the scene.
• Property Documents: Your registered sale deed and other land documents prove your legal ownership, establishing the motive for the dispute.
• Call Recordings/Messages: Any digital evidence of threats or intimidation.

How long will the investigation take?

The duration of a police investigation can vary significantly. For serious offences, the police are expected to act quickly. As per the BNSS, the investigation should be completed in a timely manner. However, factors like the complexity of the case, the cooperation of witnesses, and the workload of the police can cause delays. A good lawyer can file applications in court to expedite the investigation if it is being unnecessarily delayed. The entire judicial process, from FIR to final judgment, can take several years, but securing initial orders like bail cancellation for the accused or injunctions can provide immediate relief.

Advocate Sudhir Rao, Supreme Court of India