My neighbor parks in front of my gate - what can I do?

Yes — deliberately parking to block your driveway, gate or access to your property is an actionable wrong under three different bodies of law:

(1) Criminal law — wrongful restraint under Section 126 BNS, 2023;
(2) Traffic law — obstruction of the right of way under the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989;
(3) Civil law — interference with your easement of access under the Indian Easements Act, 1882.

The fact that the offender owns the vehicle doesn't change anything — public roads outside your gate are not their property to block, and even a single instance can attract legal action.

Section 126 of the Bharatiya Nyaya Sanhita, 2023 (wrongful restraint, formerly Section 339 IPC) punishes anyone who 'voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed'. Penalty: simple imprisonment up to 1 month, or fine up to ₹5,000, or both.

If the parking is part of a sustained campaign of harassment, additional charges can apply:

(1) Section 78 BNS — stalking (if repeated and intended to harass);
(2) Section 351 BNS — criminal intimidation (if accompanied by threats);
(3) Section 270 BNS — public nuisance (if it affects neighbours as well).

Wrongful restraint is a cognizable offence — police can arrest without a warrant once the FIR is registered. See our Zero FIR guide.

Yes. Under Rule 15 of the Central Motor Vehicles Rules, 1989 read with Section 122 of the Motor Vehicles Act, 1988, a vehicle that obstructs traffic, access or causes danger can be towed and the owner fined.

Practical steps:
(1) Photograph the vehicle blocking your gate with the registration plate and timestamp visible;
(2) Call your city's traffic helpline (most metros have a dedicated number — e.g., Mumbai 103, Delhi 1095, Bengaluru 080-22943322);
(3) Many states have apps for direct reporting — Delhi Police's 'TSR App', Mumbai Traffic Police app, Karnataka's Public Eye;
(4) The vehicle is towed to a designated pound; the owner must pay a fine and towing charge to recover it.

For repeat offenders, lodge a written complaint at the local traffic police station — it builds a record and may trigger licence-suspension action.

If traffic-police action doesn't resolve the issue and the neighbour persists, you have stronger civil remedies:

(1) Permanent injunction under Section 38 of the Specific Relief Act, 1963 — the court can order the neighbour to stop parking in front of your gate, with fines for breach;
(2) Damages for inconvenience, lost time and any specific loss (e.g., missing a medical appointment because you couldn't take your car out);
(3) Mandatory injunction to remove the vehicle, if the court is approached urgently;
(4) Easement of access — if you have a registered easement (often noted in your sale deed or society documents), interference is independently actionable under the Indian Easements Act, 1882.

A well-drafted legal notice is often enough to make a recurring offender stop, without going to court.

For a one-off incident — no, traffic police and a polite written request are usually enough.

For a sustained pattern of obstruction, harassment by a neighbour, or where the dispute is escalating, engage a reputable, specialised civil lawyer to:

(1) Send a legal demand notice citing Section 126 BNS and the Easement Act — many recipients back down once they receive a formal letter on a lawyer's letterhead;
(2) File a civil suit for permanent injunction and damages if needed;
(3) File a complaint or FIR under Section 126 BNS with proper drafting (see our Zero FIR guide);
(4) Liaise with the RWA or municipal authorities to formalise parking arrangements in the neighbourhood.

For RWA-level disputes about parking allotment, the RWA bye-laws and Cooperative Societies Act remedies apply alongside the above.