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

I am an IT professional from another state, currently working in Pune. Recently, around midnight in the Kalyani Nagar area, I had an experience that made me feel incredibly vulnerable and misunderstood. While walking home, I was suddenly pursued by a pack of aggressive street dogs. In a moment of panic, I found myself cornered behind a parked vehicle. My only escape routes were to either climb over the car or jump the gate of the adjacent residential building. Choosing the latter for my safety, I vaulted over the gate into the compound.

Almost immediately, the residents—an older gentleman, Mr. Verma, his wife, and his daughter, Ms. Priya—came out to confront me. I instantly apologized and explained that I had jumped their gate solely to escape the dogs that were chasing me, emphasizing that I had no other choice. My demeanor was consistently apologetic throughout the interaction.

However, my explanation was met with disbelief and hostility. “We don’t care if dogs were chasing you. Why did you trespass on our property?” they retorted. To prove my identity and good intentions, I provided my PAN, Aadhaar details, my current address, and even showed them my employee profile on my company’s portal. Despite this, their suspicion only grew. They accused me of being a thief and demanded “proof” of my story. They took my mobile phone, stating they would only return it the next morning after they had “verified” my claims.

I repeatedly urged them to check their own CCTV footage for immediate verification or to call the police to handle the matter officially. They refused both requests. For nearly half an hour, I was forced to stand there, helpless, while they held my phone hostage. It was only after they called a neighbour to review the CCTV footage that my story was confirmed. The neighbour validated my account of being chased by dogs, and only then did Mr. Verma return my phone. I thanked the neighbour and promptly left, feeling shaken by the ordeal.

Advice in such cases

• Remain as calm as possible. Panicking can escalate the situation.
• Clearly and respectfully explain the circumstances that forced you to enter their property.
• Insist on immediate verification through CCTV or by calling the police. This shows you have nothing to hide.
• Do not hand over personal belongings like your phone, wallet, or keys. These are your property, and no private citizen has the right to confiscate them.
• If the situation escalates or they refuse to cooperate, you should be the one to call the police (by dialing 112) to report the incident and their behaviour.
• 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 law in India provides for situations where an act that would otherwise be an offence is justified due to necessity. The residents’ act of taking the phone also falls under specific legal provisions.

• Section 23 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with an “Act done to avoid other harm.” It states that an act done with the knowledge that it is likely to cause harm, but committed in good faith and without criminal intent to prevent or avoid other harm to person or property, is not an offence. Entering the property to save oneself from a dog attack falls squarely under this provision.
• Section 34 of the BNS, 2023: This section outlines the “Right of private defence of the body and of property.” Your action of jumping the gate was an act of private defence against the immediate threat posed by the dogs.
• Section 314 of the BNS, 2023: This section pertains to “Dishonest misappropriation of property.” By taking your phone and intending to keep it until the next day, the residents could be seen as having dishonestly misappropriated your property, even if temporarily.
• Section 122 of the BNS, 2023: This section defines “Wrongful confinement.” While you were not physically locked up, the act of holding your phone hostage to compel you to stay could be argued as a form of wrongful restraint or confinement.

If you are the complainant (the property owner)

• First, assess the situation for any immediate danger. Is the person armed or acting aggressively?
• Listen to their explanation before jumping to conclusions. Their reason for trespassing might be genuine, as in this case.
• Utilize available resources like CCTV to quickly verify their story.
• If you remain suspicious, your legal right is to call the police. Do not take matters into your own hands by confining the person or confiscating their property.
• 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 (the person who trespassed out of necessity)

• After the incident, make a detailed note of everything that happened, including the time, location, sequence of events, and what was said by whom.
• You have the right to file a police complaint against the residents for wrongfully taking your phone and for intimidation.
• The act of trespassing under duress is not a crime, but their actions against you may be.
• 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

Upon receiving a complaint, the police will likely take a balanced approach. They will record statements from both you and the residents. The existence of CCTV footage is crucial and will be the primary piece of evidence. Given the clear evidence of the dog chase, the police would likely dismiss any complaint of criminal trespass against you. They would take your complaint about the phone being taken more seriously, as it constitutes a separate offence by the residents. In many cases, the police may attempt to mediate the issue, but you have the right to insist on filing a formal complaint (First Information Report) for the offences committed against you.

FAQs people normally have

Is it always legal to trespass to save my life?
Yes, under the doctrine of necessity (Section 23, BNS), if you have a reasonable apprehension of death or grievous hurt, you can take necessary steps to save yourself, including entering private property.

Can a citizen confiscate my phone or wallet if they suspect me of a crime?
No. A private citizen has no authority to confiscate your personal property. Only a police officer, during an investigation and following due procedure, can do so. An act of taking your property without consent can amount to theft or misappropriation.

Should I have been more aggressive in demanding my phone back?
While it’s important to be firm, escalating the situation with aggression is not advisable. The best course of action is to insist on calling the police yourself, which transfers the authority to the proper channels and de-escalates the direct confrontation.

What evidence is required?

The most critical piece of evidence in such a case is the CCTV footage, as it provides an unbiased account of the events. Other important evidence includes your own detailed statement, the testimony of any witnesses (like the neighbour who checked the footage), and call records if you contacted the police.

How long will the investigation take?

If handled at the police station level, a matter like this could be resolved relatively quickly, perhaps within a few days, especially with clear evidence. If a formal FIR is filed and the matter proceeds to court, the timeline can extend significantly, potentially taking several months to years, depending on the court’s workload and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India