I am an individual tenant living in a rented premises since 2020. The landlord gave the account number of his daughter and took rent for 3 years in his daughter's account and now few months back he changed his account number, which gave doubts about serious tax evasion amounting to 11 lakh rupees. The landlord has filed a complaint with police asking for eviction. Now his daughter and he are trying to frame a false case saying I let my dog free to bite them. Neither have I let the dog free nor has it bitten them. Infact, none of them have come to premises which I have rented, after 2nd July 2024. The police is constantly asking me to join the investigation and saying there is nothing called TDS which is applicable on rent payment of 2.4 lakhs. In my case, I am paying 3 lakhs per year. Can the police file an fir under BNS section 291 even if my dog has not bitten anyone nor posed any threat? My dog has never caused any harm to anyone and although he is a Rottweiler labrador cross breed, he is very friendly. Infact, the landlord had threatened me to enter premises and said I will get your clothes torn. The legal agreement is stil in place till 15.04.2025. Is the police threatening me to make sure I vacate premises and don't pay taxes? Can the police arrest me under 291 without notice or warrant ?
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1) you should record your landlord threats
2) there must be a clause in agreement,that landlord can evict you after giving one month notice
3) if so you have to vacate premises on expiry of notice period
4) landlord has to file suit for eviction if you fail to vacate premises
5) if any complaint has been filed against you then you have to cooperate with investigations
6) there is no automatic arrest .police has to issue notice to record your statement
Without any prima facie proof no such case or FIR seems to register unless the Police has any unholy nexus with the landlord.
To save from this kind of harassment file a civil suit so that they can not use force to evict you at least before 15.4.2025.
The police cannot interfere in the rent control matter that is why they are trying to implicate you in a false case.
You too can give a false complaint for intimidation and threats, abuses etc as counter case.
Since your rental agreement is still in force you can obtain a stay order against them by filing an injunction suit against him.
Sir, The question is whether they can file an fir under bns 291 without any proof and can police act and arrest immediately ? As per supreme court guidelines less than 7 years punishment can not be subject to arrest. Please advise
as mentioned earlier there is no automatic arrest on filing of FIR
2) police has to issue you notice to record your statement
3) FIR can be registered even when complaint made on whats app . FIR can be filed if police are satisfied about veracity of complaint
Section 291 BNS, 2023: Negligent conduct with respect to animal :
Whoever knowingly or negligently omits to take such measures with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of.
As per law the police should give a notice under section 41(a) Cr.p.c.(old law) before making any arrest
New provision for infirm/old age person in respect of arrest of persons without a warrant: Section 41 and 41 A of the CrPC have now been consolidated to Section 35 of the BNSS. In addition to the existing provisions under the CrPC, a special provision has been introduced in favour of aged and infirm persons.
Section 35(7) of the BNSS provides that no arrest shall be made in case of an offence punishable for less than three years if the person is infirm or above the age of 60 years, without prior permission of the officer not below the rank of Deputy Superintendent of Police.
What is your age?
Section 39 of the BNSS provides that a person arrested in such cases can be released on a bond or a bail bond.
Under the newly introduced Section 172 of the BNSS, the police have the authority to detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by such officer and further has the discretion to present such individual before the Magistrate. Further, in petty cases, the police can release such individual from detention with 24 hours of such incident.
However if your situation warrants arrest, yo can file an application for anticipatory bail and then challenge the case in the trial proceedings accordingly
Sir,
Landlord and tenant dispute come under civil jurisdiction. Please contact a local lawyer and obtain stay from the civil court restraining the landlord to evict you forcibly without following due process of law.
- As per law , the police has no power to evict you from the tenanted premises
- Further , without any medical proofs of bite of the dog , the police cannot lodge an FIR
- If the landlord is trying to implicate in false cases , then you can file a petition before the Court for getting stay order from the Court.
Dear Client,
There is no evidence to prove his guilt of dog-bite or threat and the allegations filed by landlord are frivolous, so in below situation police should not file an FIR under 291 without proof which shows your dogs on nuisance even they howl periodically. The guidelines issued by the Supreme Court for arrests in case of offenses punishable up to seven years is crystal clear: police shall not arrest a person unless he outright avoids notice u/s 41A CrPC, and this prevision has some exemptions like prevention of repetition of offences or ensuring presence at trial etc. Since section 291 IPC is also a bailable offence and not involving any element of immediate danger or public harm, police cannot arrest you without warrant or notice. If the police been threatening you or harassing you, you can lodge a complaint against such police actions before senior officers or seek protection from arrest and harassment by moving the court.
I can defend you if you contact me for consultation
The owner had served a notice to vacate the premises. Now the police is threatening me with filing a case of criminal tresspass. Can they file the case of criminal tresspass since my lease agreement is still in place till 15.04.2025?
No case of criminal trespass is made out
complain against local police officer to commissioner of police
you can obtain an injunction restraining landlord from evicting you forcibly without following due process of law
The police is trying to threaten without knowing the law that it is a civil matter especially when the lease/rental agreement is still in force.
If the police are trying to indulge in excess activity against you in this regard, you may report the matter to the commissioner of police or file a petition before high court under section 528 of BNSS, 2023 seeing direction t concerned police to not to harass.
- You can lodge a Complaint against the said police official before the higher police officers for taking law of the land in his hand
- The police has no power to involve in such type of civil nature cases , and hence you can file an Injunction petition before the Court for getting an stay order.
Inspite of complaining to the SP the police has issued me a summons to appear before them for investigation. The complaint number is LAP 386/2024. Does this mean anything ? Can I apply for police protection tonight ?
O harm in appearing before police
I had advised you to obtain stay order from district court
By making a complaint with SP itself the police cannot be restricted from performing their duty as per law.
Instead you should have approached court to restrict the police by an order.
Even now you can approach court.
- You can file a petition before the Court for getting stay order and to teach a lesson to the police who is trying to take the law of the land in his hand.
Dear Client,
Since you have a lease agreement valid until April 15, 2025, the police cannot charge you with criminal trespassing. According to the Section 327 of Bharatiya Nyaya Sanhita (previously, IPC Section 447) speaks about criminal trespass that when someone enters or remains on another’s property without permission or right. The notice from the owner is invalid because your lease gives you lawful possession therefore, your rights remains that of a tenant. The owner allows you to occupy the property through the lease agreement, therefore cannot unilaterally eject you out of the property without following the right legal processes of evicting you before the agreed time of the lease agreement. Hence you have a right to be in the property and cannot therefore be accused of criminal trespass. A legal practitioner should be consulted to review the lease agreement and facilitate the preparation of the response to the owner’s notice while protecting your tenancy rights.
Hope you find this advice beneficial.