Harassment complaint against your neighbour

In this blog post, Yash Koshal, from RDVV-Jabalpur, describes how can a person file a harassment complaint against a neighbor.

India is a densely populated country. As a lot of people stay in flats or live in duplex sharing common walls, at times, it happens that maintaining a quite decent relation with your neighbors, you sometimes have arguments with your neighbors on some issues related to your house.

It can be issues of any type. E.g. having a problem regarding sound or late night party etc. Sometimes, matter even gets serious and situation of filing complaint also occurs. Here we will discuss what are the options available for the person being harassed by the neighbors.

Is Calling Police an Option?

Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

  • Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.

  • Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under 

  1. Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
  2. You can file suit for declaration and mandatory injunction in a civil court as well.
  3. You can claim damages in the same suit.
  • Harassment Through Trespass

If you live in an apartment and park your vehicle in the parking allotted to you but you notice someday that the place which has been allotted to you is been occupied by some other person then, you will simply ask the person to vacate the parking space occupied by him but if he/she refuses to do that, after being told or warned many times, will amount to criminal trespass.

441 of IPC defines Criminal Trespass.

Criminal Trespass

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “Criminal Trespass”.

If this type of harassment is faced by you from your neighbors, you can file an application under Section 441 of IPC in the court of magistrate. And the punishment of criminal trespass has been defined in Section 447 of IPC in which three months imprisonment is mentioned or fine of  500 rupees or with both.

  • Sexual Harassment

There have been a number of cases registered with the police in which the neighbor who was trusted the most and was never expected to commit anything of that kind, committed sexual harassment of various natures such as-

  • Passing lewd comments
  • Staring
  • Intimidation
  • Trespass for causing sexual harassment
  • Even insertion of cameras for the recording of activities in a neighborhood house

If this type of harassment is faced by you from your neighbor, you can file a complaint with the local police. The best way to do this is to call 100 and narrate the problem you are facing. It is important to collect and preserve evidence and then giving the same to the police.

Conclusion

Harassment in India is becoming a very common issue nowadays. There are various types of harassment faced by the people in India through mischief, trespass, nuisance and sexual harassment. There are various laws made keeping in mind the types of harassment. If one wants to get justice then he must follow the laws to get justice.

If you are aware of any other kind of harassment faced by the people in your neighborhood, feel free to mention about it in comments below. Also drop your views regarding how else the case of harassment be tackled. Don’t forget to share the article.

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28 COMMENTS

  1. Hi

    My old parents stay in my old village away from me. Their neighbors are harassing them by throwing some seeds like substance daily on roof. Their intention may be pushing my parents out to leave the property so that they can buy and increase their territory. My mother raised issue but they all together suppressed her. I installed CCTV cameras on my roof but that not succeed to catch red handed because of very small size of particles thrown. Due to all this, my mother is under severe mental agony and depressed. Please guide me how to solve this issue and take out my parents from this mental harassment.

  2. Hi! I am Lisa,

    I stay in a small villa my own my mum dad put it in my name all documents are in my name. my aunt has taken 80cms of the property but yet fights and puts false allegation that i fight. last week i raised up the wall with 2 bricks as her workers come and peep so her daughter came and just damaged the wall i built it again they both abused me my mum my hubby and my kids calling us gattis , beggars and so on. she lives alone but when she has to fight 3rd daugher in law comes. I had filed a cmplaint in 2016 against her in the PS. because of that days fight she and her daughter in law says we shall file a senior citizen case against u you and your hubby. my hubby was quite didnt say a word. can she register a case. I have recorded that i am putting up the bricks which she damaged. can she file and will they accept false allegations.

  3. Hi brother can u pls give solution to my problem
    As in front of our house the neighbour parked car against his house, but that’s blocking way of people with car in street and he comes to us and ask us to remove plant from our house which hardly take any space and his car takes huge space, can u suggest me the best action against him ASAP because with those plant my father has asthama and they hardly take any space may be 2-3 inches those plants take space but that car take huge space and he is never ever in mood of compromising tell me what to do

  4. I am writing to respectfully bring to your attention that the Managing Committee of an unregistered housing association, are reluctant to register the complex with the Registrar of Coop Housing Societies for various reasons, some of which are as follows:
    1. There are a total of 45 flats and half of them are unoccupied.
    2. Most of the members are absentee landlords who invested in the flats and left them closed for many years. They do not reside in Goa and do not attend any meetings. They support the managing committee and do not object to any inappropriate practices existing in the housing complex.
    3. Some members own commercial units in the complex but do not pay maintenance for the same.
    4. Some members own more than one flat.
    5. Some member’s claim that the builder “gave them” covered parking and they have resorted to enclosing the parking area for themselves – without it appears proper licenses.
    6. There is one member who has been a permanent committee member since the apartments were built and continues to dominate every meeting.
    7. It appears that the same members of the Managing Committee continue to select among themselves to be voted every year.
    8. The meetings are attended by less than the two third of the members and matters continue to be actioned by them without due process.
    9. The legal status of the Association is not disclosed and bank information is withheld.

    When the committee was asked why they are reluctant to register as a society, I was informed that the registration process is cumbersome and expensive. Please let me know whether this is true and kindly let me know the detailed process and documents that are required for registration.

    In view of the above, may I request you Sir, to please let me know what recourse to the members have to enforce registration as a Cooperative Housing Society and/or other laws of Goa on the above Association to function as a legal entity with proper status and legitimacy as well as Articles of Association and Memorandum of Association.

    Thank you kindly.

  5. Hi Mam,
    Need assistance one of my case,I have a property in Uttarakhand half portion I have given on rent and rest half is locked.There is 40 house in that colony and now 39 neighbors are against us and our tenants because we have not paid the society( which is not register)charges on time and they have put a incorrect charge against our tenant that they create nuisance in the colony and also there car is not allowed in the colony for parking and also called the police to arrest them.Mental harassment is done by all the neighbors.please suggest a way out.

  6. Hi, one of my female friend is experiencing sexual harassment from an unknown person, she couldn’t handle it and she is hesitant to complain it to her family. What is the best way to handle this. She is getting abused both physically and orally.

  7. Neighbour in upper floor not fixing water leakage Hi, I stay in indore, i-2 M.i.G colony And, own my apartment. The owner who stays on the floor above mine is having a water leakage problem. The water is dripping faster for last 5 yrs they just always nomal fixed as a temprerory now from the wall which is attached to his bathroom floor. He had made some fixes earlier, but it hasn’t stopped the leakage. Now there’s continuous drip and water is entering the electric connections and holders. It is causing high risks to my family, like slipping in bathroom due to wet walls, electric short circuit, lots of my kitxhen furniture damage etc. they are not listening and negotiate . Isn’t this supposed to be a break/fix problem at his home for which he is harassing me since ello sir
    I want to complaint against one person who is aganist and danger from him.He is behaving very rudely and beating us because of his political power he had contacts with polices and he can take call log and they harrising my mom me and my dad. He says we have political power and gundas also are give money and alcohols to poor ladies and man they come and doing nude dance in front of ur gate and start bad wordings and shouting very badly we want to die because of him please help us no one can help us

  8. Hello sir
    I want to complaint against one person who is aganist and danger from him.He is behaving very rudely and beating us because of his money power he had contacts with polices and he can take call log and harrising us very badly we want to die because of him please help us

  9. I recently shifted to this individual house… when we cam some contruction was happening. First I hestiated.. but after few weeks the construction got over.. but now the owner of that house dumping garbagejust next to our house, even though BBMP auto comes for collection he dumps next our small compound… lot of smell and moquitos… we raised the issue to him and cleaned up but again he dumping… how to sop this niusance permamnently…. and the next house is another issue… where till late night they do carpenting work… and dump all their constrution material before our painted compound… even after telling twice they are not at all bothered to listen to our plea… what needs to be please guide .. I know section 268 and 441 but will there be any consequence later

  10. Omaha Nebraska… My neighbor Sherri Walton is harassing us, stalking us, annoying us, & just a giant pain in the you now what. It started with her son shooting illegal bottle rockets at our house, our dogs and us every year. They did fireworks way past the times and dates legal to light them and would shoot them at our trees and house even. Everything I do she watches, stares or copies me. She has these out of control parties that keep my family up until 5 am with people screaming bloody murder in middle of street all hours and loud music. I have had to call the police. Every time police show up at her house or Humane Society because she abuses her dog, she blames me for it now. Every time I go outside she has to pop up & harass me, scream at me, stare at me, or make me feel unsafe in my own yard. She is about 5 times larger than I am so yes she is intimidating.
    Her son does drugs on her front porch & they may even be selling drugs as much traffic as she has at her house kind of like quick shop . They throw trash, beer cans all over my yard. Honk horns all hours of the night. She also lets her dog poop all over , even in middle of road & don’t clean it up. She went around & told all the other neighbors I called them a racial names when I never did that. I have only said one thing to Sherri and that was to leave me alone and that was last year. I took out a protection order & it was granted & she continued to do the same things, then took out one on me with false claims. I have evidence of the false statements she made. Judge told her she is childish and dropped the order, then she followed out of the court house screaming threats at us and has harassed me every day.
    I have a police paper that says I can go take out a warrant on her & will do that next. She talks/screams so loud I walked down the street to see how far away I could hear her & it’s 2 blocks over I can hear her. Other neighbors don’t like the stuff she does or noise she makes but they are afraid of her & don’t want her to do what she has done to me so they go along with it. Some call police on her but she blames me for that too. She goes to every neighbor she can trying to make up lies & get them mad at us. She obviously has a problem with drugs and alcohol. I think she is crazy too and other people do too.
    She tried to say I’m obsessed with her son who has boobs larger than mine. I think they are obsessed with us. I even put stuff on my porch to try and block them off & we stay in back yard away from her but still can hear her. We had to install security cameras and I have to film myself every time I go outside. I have spoke with Habitat about her as she lives in a habitat house but they refuse to do anything even with the warrant paper from police to take out warrant on her and all the evidence. She even lied in court and said habitat told her personal information about me, which I have on tape that Habitat never said those things to her. Talk about a nut job.

    I am buying my house and shouldn’t have to be afraid to go get my mail, mow my yard, water my yard or take out trash yet I am. She even yelled at my mother one time when she was at my house. Then tried to run over my son. She lied under oath to take out protection order and when in court, just shows the type of person she is. The parties she has, she has in the middle of her driveway and yard and blast music from her car & I can hear it over my tv on full blast plus it keeps us up all night and makes us tired the next day. She has screamed at my dogs to shut up when it was her that gets my dogs to bark with her loud mouth. I am so tired of it and I don’t know what else to do.
    A group of counselors and police officers came to my house one day to talk to me about why the police are being called so much and she took photos of them standing on my porch and she has 8 x 10 color photos of them on my deck and my house. What a complete psychopath stalker. I would move if I could but I can’t right now. I never even did anything to her to deserve all of this nightmare either. Being harassed and bullied every day is getting really old and depressing.

  11. I’m Dr. Ankit Dhami. I live in 2nd floor of apartment. Actually the problem is some noisy harrasemmt by shops beneath our flats. They are carpenter and work till 10 o’clock at night. So disturbing our family. I live with 10 month child. I complain him for 2-3 time but he ignored. Kindly advice me some suggestions.

  12. my mothers upstairs neighbor stomp around all hours of the night police wont help shes 76 years old on oxygen and its affecting her help

    • By just reading comments, I feel so sad mad. Pls try to avoid or shift your mom, at this stage don’t fight or esclate more becoz in your absence they will give more trouble to your mother. For the time being just let it go.

  13. Respected sir/ madam
    pls tell me the solution
    My three neighbours are passing kitchen and bathroom water into my land.Even after requests and complain in panchayat they are not making soak pits in their premices.what should i do? Pls guide

  14. I live in a groudfloor flat.. Our house is having 3floor flat. The top most neighbour always park his car in front of our gate and he has 1bike and 1scooty which he parks in our balcony.I have only one Activa yesterday I didn’t get space to take my vehicle out to go somewhere. There was no space to take out the vehicle after asking them to move their vehicle but they didn’t moved, this always happens.. So I was taking Activa out and it crashed with his no plate of the car his no plate has broken but no damage to car.. He came and abused my mother . iam a 16yr boy I live alone with my mother father is in army not posted here.. We called police to complaint about him.. But police misbehaved with my mother and supported the neighbour.. Now what should I do.. Plzz help me.

  15. Hi, i am a 31year old man living with my wife, son and my mother. i stay on second floor and my neighbor in the ground floor is causing nuisance for me. i had a renovation work done recently and he started to ask me to get the debris removed on the footpath. i asked him to wait for a day, but he got angry and threatened to get the extra construction on my dda house demolised. to that i said that i can also get his extra part demolished by complaining. Then he told me that he would chuck me out of the area as he has contacts. He is a rich person and has a son in Govt bank. I am an finance professional working in a private company. please give me options if he does something as i dont have any relatives in delhi to help

  16. Respected Sir
    I am from Kharar Punjab.
    we have recently built a house in this place . In my neighborhood there is one lady who behave very weirdly .she doesn’t permit the children to play in the street as she don’t like us. she use abusing language against us. sometimes she beats the children of other people to whom she don’t like.
    I have no proof for all that but how i can handle all that in front of me. Is there any legal way to solve this kind of problems as nobody in my neighborhood is ready to speak against her because of her threats . As no one knows when she lift anything and harm others.Kindly suggest Where i can make the complaint against her. she has strong connections in higher authorities and doesn’t like anyone to revolt against her. Please help. i will be very thankful .

  17. I am suffering from my downstair neighbour who is complaining about noise from my house at 11pm to 12 or 1pm. I said I am not doing such sound why you are coming and getting me wake up at mid night? but he is not listeing me and sometimes he comes with police also. So, in such case I am sure that I am not at all guilty so, what action should be taken? Please, guide

  18. Hi my neighborhood person is lighting a wood fueled stove, the entire smoke is coming into our house due to wind, now our eyes are burning, getting caught , smell and getting suffocated sometimes, we have personally informed them our concern several times and requested them to stop the use of wood stove. We are in a concrete city and this smoke is really troubling us and causing health issues. How can I take action ? .

  19. Our neighbor has been stopping us from accessing the building terrace. Also he has locked the terrace and not providing the key when asked. We have been facing several issue from him. He had once filed a false case against my father which got closed by police as no offence. We had also informed the police about the terrace situation but they r referring us to registrar office in municipality. The other flat owner s are not interested in the issue as they have rented out their flats. How can we take care of this situation.

  20. Good article Mam. Thanks.

    However, my issue is slightly different, whereby a resident of our society who is a drunkard, almost every midnight creates nuisance and harassment by breaking upon windshield of cars, uttering abuses. What offences are attracted?

  21. Respected Sir
    My neighbour is spitting in my door, throwing dust in door and say bad words to me and my family…. My neighbour is a lady and I have video recorded all her act .
    What is the solution kindly help me

  22. Sir.. My neighbour is spitting in my door, throwing dust in door and say bad words to me and my family…. My neighbour is a lady and I have video recorded all her act .
    What is the solution kindly help me.

  23. We own a buider floor in gurgaon & really fed up with our neighbours residing on the ground floor. What section is applicable if the neighbour interfares in every day life. Looks for oppourtunities to fight over every thing possible. Threatens other neighbours not to visit our house. Threatens not to have social gatherings. Inserted cameras every where to take note of the activities of other people.

  24. Neighbour is threaten to me that they will file a false complaint against me. As a Govt. employee i am afraid that if complaint will be registered against me then my job can be lost.

  25. Hey, am aditya
    Actually i stay in a society am having problem with my neighbours.. They are spreading roumers about me all over the society telling rubbish things though they are not at all true and before some days they came and started fighting with me by saying that you threw condom in front of my house and all…. ??? they said i will beat you if such things happen again.. Though this is not a crime but i am feeling stressed about it coz i have done nothing…. So is there anything i can do

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