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

A distressing case was brought to our attention involving Mrs. Sunita Sharma, a widow residing in her ancestral home in the city of Rampur Nagar. Following the tragic demise of her husband, Mr. Vijay Sharma, a few years ago, she has been living with her minor child, her bedridden mother-in-law who requires constant care, and another elderly relative. Her life has been thrown into turmoil due to the actions of her relatives, Mr. Vikram Singh and his family, who occupy a different portion of the same property.

The situation escalated when Mr. Singh’s family allegedly began a campaign of harassment to illegally oust Mrs. Sharma from her rightful home. They constructed an unauthorized wall within the property and locked the main gate, effectively confining Mrs. Sharma and her vulnerable family members. This has left them without direct access to the outside world, forcing them to rely on a neighbor’s property for entry and exit, an arrangement that is both precarious and temporary.

The ordeal is not limited to property encroachment. Mrs. Sharma reported that she and her minor child had been physically assaulted by Mr. Vikram Singh in the past, leaving them in a state of constant fear. The confinement has severely hampered their ability to seek medical care for the bedridden mother-in-law, whose health is fragile due to past injuries. This act of being illegally locked in constitutes a grave threat to their safety, well-being, and right to a dignified life.

Advice in such cases

When faced with such a multi-faceted crisis involving property disputes, harassment, and physical danger, a strategic legal approach is crucial. The primary goal is to ensure immediate safety and then secure long-term rights. The situation described involves elements of both criminal offenses and civil wrongs, which must be addressed simultaneously.

• 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 resolve in 7-10 days.
• File for an urgent injunction in a civil court to get the illegal wall demolished and access to the property restored.
• File a criminal complaint (FIR) against the individuals for wrongful confinement, criminal trespass, mischief, assault, and criminal intimidation.
• Seek a protection order under the Protection of Women from Domestic Violence Act, 2005, which is specifically designed for such situations in a shared household.

Applicable Sections of Law

Several provisions under Indian law are applicable here, particularly under the new criminal codes:

• Bharatiya Nyaya Sanhita, 2023 (BNS):
• Section 79 (Wrongful Restraint): For illegally preventing Mrs. Sharma from accessing her property by locking the gate.
• Section 80 (Wrongful Confinement): For trapping the family inside their home.
• Section 114 (Hurt): For the physical assault on Mrs. Sharma and her child.
• Section 320 (Criminal Trespass): For illegally encroaching upon her portion of the house.
• Section 322 (Mischief): For causing damage and erecting an illegal wall.
• Section 341 (Criminal Intimidation): For threatening and creating an atmosphere of fear.
• Protection of Women from Domestic Violence Act, 2005: This Act provides for protection orders, residence orders, and monetary relief for women facing abuse in a shared household.
• Code of Civil Procedure, 1908: Order 39 of the CPC allows the court to grant temporary injunctions to prevent the aggressor from continuing their illegal acts.

If you are the complainant

If you are in Mrs. Sharma’s position, you must act swiftly and methodically.

• Immediately gather all possible evidence. This includes photographs and videos of the illegal construction and the locked gate, any medical reports from past assaults, property documents, and contact information of any potential witnesses (like the neighbours).
• Draft a detailed written complaint addressed to the Station House Officer (SHO) of your local police station. Clearly state all the facts in chronological order.
• Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police are obligated to register an FIR upon receiving information about a cognizable offense.
• If the police refuse to register an FIR or are uncooperative, you can send the complaint in writing to the Superintendent of Police (SP) under Section 175(3) of the BNSS. If no action is taken even then, a lawyer can help you file a complaint directly with the Magistrate.
• Simultaneously, engage a civil lawyer to file a suit for a permanent and mandatory injunction to remove the illegal construction and a prohibitory injunction to prevent future harassment.

If you are the victim

Your immediate safety and the safety of your family are paramount.

• Avoid any direct confrontation with the aggressors, as it may lead to further violence.
• Document every incident of harassment, intimidation, or encroachment. Keep a diary with dates, times, and details.
• If you are physically harmed, go to a government hospital immediately and ensure a Medico-Legal Certificate (MLC) is prepared. This is crucial evidence.
• Secure all your important documents, such as property papers, identity proofs, and medical records.
• The most critical step is to contact a lawyer who is experienced in handling both civil property matters and criminal cases. They will guide you through the complex legal maze and represent your interests effectively.

How the police behave in such cases

It is a common experience that in property disputes among family members, the police are often hesitant to intervene decisively. They may initially label it as a “civil dispute” and advise the parties to approach the court, sometimes avoiding the registration of an FIR. They might attempt to broker a “compromise” which may not be in the victim’s best interest. However, when there are clear elements of criminal offenses like wrongful confinement, assault, and intimidation, they are duty-bound to act. A well-drafted complaint, supported by strong evidence and presented through a lawyer, can compel the police to take necessary action as per the law. If there is evidence of police inaction or complicity, legal remedies are available to escalate the matter to higher police authorities or the judiciary.

FAQs people normally have

What evidence is required?

Strong evidence is the backbone of any legal case. You will need:

• Photographic and Video Evidence: Clear pictures and videos of the encroached area, the illegal wall, and the locked gate.
• Property Documents: Title deeds, sale agreements, or any other document proving your right to reside in the property.
• Medical Evidence: A Medico-Legal Certificate (MLC) and injury reports if you have been physically assaulted.
• Witness Testimonies: Statements from neighbours, other relatives, or anyone who has witnessed the harassment or the illegal construction.
• Digital Evidence: Any threatening messages, emails, or call recordings from the accused parties.

How long will the investigation take?

The timeline can vary significantly. An urgent injunction from a civil court for restoring access can sometimes be obtained within a few weeks. The police investigation under the BNSS has prescribed timelines, but these can be subject to delays. The complete resolution of the criminal case and the civil property suit can be a lengthy process, potentially taking several years to conclude. However, interim relief from the courts can provide immediate protection and restore normalcy to a great extent while the main case proceeds.

Advocate Sudhir Rao, Supreme Court of India