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

A young 19-year-old college student, Ms. Anjali, from the city of Navnagar, found herself in a deeply distressing and fearful situation. An acquaintance, Mr. Vikram, had been harassing her. The situation escalated when he called her late one night, evidently under the influence of some substance. During the call, he subjected her to a barrage of verbal abuse and issued terrifying threats of grievous physical harm, saying he would hurt her so badly she wouldn’t be able to walk. This was not the first time he had behaved this way, and the repeated harassment left Anjali terrified to even step out of her home.

Anjali felt trapped, as she was reluctant to involve her parents. She feared that their reaction would be to become overly protective and restrictive, potentially jeopardizing her plans to attend a college in a different city. Scared and unsure of her options, she sought to understand what legal steps she could take to protect herself without necessarily involving her family at the initial stage.

Advice in such cases

If you find yourself in a similar situation to Ms. Anjali, it is crucial to act calmly and strategically to ensure your safety and hold the perpetrator accountable. Here are some immediate steps to consider:

• Preserve all evidence meticulously. Do not delete call logs, text messages, or any form of digital communication from the harasser. If possible and legal in your context, record the threatening calls.
• Document every incident. Maintain a detailed log with dates, times, and the specific content of the threats or abuse. This creates a clear timeline of the harassment.
• Confide in a trusted adult. While you may not want to involve your parents, consider talking to a trusted professor, an older sibling, a counsellor, or a close relative who can provide support.
• 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 actions described constitute serious offenses under the Bharatiya Nyaya Sanhita (BNS), 2023. The relevant sections include:

• Section 351 of BNS, 2023 (Criminal Intimidation): This section addresses threats made to another person. Vikram’s threat to cause such harm that Anjali “won’t be able to walk” clearly falls under this section, specifically sub-section (2), which deals with threats of causing death or grievous hurt and is a more serious offense.
• Section 79 of BNS, 2023 (Word, gesture or act intended to insult the modesty of a woman): The verbal abuse and disgusting remarks made by Vikram are intended to insult the modesty of a woman, making this section applicable.
• Section 77 of BNS, 2023 (Stalking): Since the harassment is repeated, involving unwanted contact that causes fear and distress, it can be classified as stalking under the law. The repeated calls strengthen the case for this offense.

If you are the complainant

As the person initiating the legal process, you are the complainant. Here is how you should proceed:

• File a First Information Report (FIR) at the nearest police station. Under the principle of “Zero FIR,” you can file a complaint at any police station, and they are obligated to register it and transfer it to the appropriate station. For phone-based harassment, you can also file a complaint on the National Cyber Crime Reporting Portal.
• Provide a clear and chronological statement to the police. Recount all the incidents, including dates, times, and the exact nature of the threats and abuse.
• Submit all the evidence you have collected, such as call recordings, screenshots of call logs, and messages.
• Ensure you receive a free copy of the FIR after it is registered. This is your legal right and is an important document for all future proceedings.
• 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

Your well-being is the top priority. Focus on your safety and mental health while navigating the legal process.

• Prioritize your personal safety. Avoid being alone, especially in isolated places. Inform friends or trusted individuals about your whereabouts. If you feel you are in immediate danger, call the police emergency helpline.
• Seek emotional support. Dealing with harassment is emotionally draining. Talking to friends, a trusted family member, or a professional counsellor can provide much-needed support.
• Understand your legal rights. You have the right to live a life free from fear, harassment, and violence. The law provides specific protections for women, and you are empowered to use them.
• 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

While experiences can vary, the law mandates a certain procedure, especially in cases involving women. Ideally, the police should be sensitive and supportive. A woman’s statement for such offenses should be recorded by a woman police officer. They will register an FIR if a cognizable offense is apparent from your complaint. They may initially summon the accused and issue a warning, but if the threats are serious, as in this case, a formal investigation should commence. You have the right to insist on a proper investigation.

FAQs people normally have

Can I file a complaint without my parents knowing?

Yes. Since you are 19 years old, you are a legal adult. You have the full right to file a police complaint on your own without the consent or presence of your parents or any guardian.

Will the accused be arrested immediately?

Not always. For offenses with a punishment of less than seven years, the police are generally required to issue a notice of appearance to the accused to join the investigation, as per Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. However, given the serious nature of the threats (grievous hurt), the police may decide to arrest the accused if they believe it is necessary to prevent further offenses or tampering with evidence.

What evidence is required?

Strong evidence is key to a successful prosecution. This includes:

• Digital evidence like call recordings, screenshots of call logs, and text or social media messages.
• A detailed timeline of all harassment incidents.
• Testimony from any person you confided in, as they can act as witnesses to your state of fear and distress.
• Any past complaints or informal warnings given to the accused.

How long will the investigation take?

The duration of a police investigation can vary. While the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides timelines to streamline the process, practical delays can occur. For most cases, the police are expected to file a final report or charge sheet before the court within 90 days of the arrest of the accused, as per Section 193 of the BNSS. An experienced lawyer can help in following up with the police to ensure the investigation proceeds in a timely manner.

Advocate Sudhir Rao, Supreme Court of India