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

Mr. Sameer recently decided to end his relationship with his girlfriend, Ms. Rina, citing her unpredictable and immature behavior, which often led to her demanding breakups and blocking him without reason. When this pattern repeated recently, Mr. Sameer decided the breakup was final.

Early in their relationship, Mr. Sameer had genuine intentions and had even spoken to Ms. Rina’s mother about his desire to marry her. However, following the final breakup, Ms. Rina’s friends and family began pressuring him to reconcile. Mr. Sameer, firm in his decision, started blocking their calls and messages.

In response, Ms. Rina has threatened to file a police complaint against Mr. Sameer and his mother. Her threats seem to hinge on the fact that they had a consensual physical relationship and would stay in hotels together. Worried about the potential legal and social ramifications of such a false complaint, Mr. Sameer is seeking clarity on how to handle this hostile situation.

Advice in such cases

• Stay Calm and Do Not Engage: Do not respond to threats, provocations, or emotional messages from the ex-partner or their family. Engaging can escalate the situation and provide them with more material to twist against you.
• Preserve All Evidence: Do not delete any text messages, emails, social media chats, or call recordings. Take screenshots of threatening messages. This evidence is crucial to prove your innocence and demonstrate that the complaint is malicious.
• Inform a Trusted Person: Confide in a close family member or friend about the situation. Having someone for emotional support is important, and they can also act as a witness to the events as they unfold.
• 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

While an accuser might try to file a complaint under various sections, a person facing false threats should be aware of the following provisions under the Bharatiya Nyaya Sanhita (BNS), 2023:

• Section 69 of BNS, 2023: This section deals with sexual intercourse by employing deceitful means, including a false promise of marriage. In false cases, this is often misused. Evidence of a consensual relationship without any fraudulent promise is the key defence.
• Section 351 of BNS, 2023: This section pertains to criminal intimidation. If your ex-partner is threatening to file a false case to harm your reputation or compel you to do something against your will (like getting back together), their actions may fall under this section.
• Section 236 of BNS, 2023: This section addresses the offence of making a false charge of an offence with the intent to injure. If a false FIR is filed, you can later initiate proceedings against the accuser under this section.

If you are the complainant

If you are the one being threatened with a false case, you are the victim of criminal intimidation and potential defamation. You can become the complainant by taking proactive steps.

• Gather Evidence of Threats: Compile all screenshots, recordings, and any witness accounts of the threats being made against you.
• File a Complaint: You can file a formal police complaint against your ex-partner for criminal intimidation under Section 351 of the BNS. This creates an official record of her malicious intent.
• Anticipatory Bail: If you have a strong apprehension that a false, non-bailable case might be filed against you, your lawyer may advise you to apply for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• 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

As the victim of these threats, your primary goal is to protect yourself legally and emotionally.

• Do Not Give In to Demands: Do not agree to meet, talk, or reconcile out of fear. This can be misconstrued as an admission of guilt or can put you in a more vulnerable position.
• Document Everything: Keep a timeline of events, including when the relationship ended, when the threats started, and who contacted you. This detailed record will be invaluable.
• Cease All Contact: Block the person and their associates on all platforms. Any further communication should be handled exclusively by your lawyer.
• 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

The police are generally cautious in matters arising from broken relationships. Based on Supreme Court guidelines, they are unlikely to make an immediate arrest, especially for offences punishable with less than seven years of imprisonment. They will likely conduct a preliminary inquiry, which may involve calling both parties to the station to hear their sides of the story. It is crucial to have your lawyer present during any interaction with the police to ensure your rights are protected and your statement is recorded accurately.

FAQs people normally have

• Can a consensual relationship be turned into a false rape case?
  Yes, this is a common tactic. The accuser might allege that consent was obtained by a false promise of marriage (Section 69 BNS). Your defence would be to prove the relationship was consensual and that there was no such deceitful promise that induced the consent.
• What should I do if the police call me to the station?
  Do not ignore the call, but also do not go alone. Inform your lawyer immediately and only visit the police station with them. Your lawyer will guide you on what to say and ensure due process is followed.
• Will I be arrested immediately if an FIR is filed?
  Not necessarily. As per the guidelines laid down in the *Arnesh Kumar v. State of Bihar* case and provisions in the BNSS, arrest is not automatic for offences with a punishment of less than seven years. The police must record reasons for the necessity of arrest.

What evidence is required?

To defend against false allegations, the following evidence is critical:

• Digital Communication: WhatsApp chats, text messages, emails, and social media conversations that show the relationship was mutual and consensual. Any messages where she expresses love, talks about a future together without duress, or messages sent after the breakup that are threatening in nature are vital.
• Witnesses: Mutual friends, colleagues, or even family members who were aware of your relationship and can testify to its consensual nature.
• Photographs and Travel Records: Pictures together, hotel booking receipts, and travel tickets can help establish the timeline and consensual nature of the relationship.
• Call Recordings: If legally permissible in your jurisdiction, recordings of her making threats can be powerful evidence.

How long will the investigation take?

The duration of an investigation can vary significantly. A preliminary inquiry by the police might take a few weeks. If an FIR is registered, the investigation process under the BNSS has prescribed timelines, but delays are common. The entire process, from investigation to potential court proceedings, can be lengthy, often taking several months to years to resolve completely. Having a proactive lawyer can help expedite the process and work towards getting the case quashed at an early stage if the allegations are baseless.

Advocate Sudhir Rao, Supreme Court of India