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

Mr. Alok Verma, a 27-year-old doctor, was in a relationship for several years with Ms. Priya Sharma, a fellow doctor he met during his college years. The couple belonged to different communities, a fact that would later become a significant point of contention. About three months ago, Mr. Verma established his own medical practice, the “Sanjeevani Clinic,” where Ms. Sharma also worked alongside him. The clinic was flourishing, and their professional partnership was successful.

However, when the conversation turned to marriage, the situation took a sharp downturn. Ms. Sharma’s family outright rejected Mr. Verma’s proposal due to the difference in their community backgrounds. Accepting the family’s decision, Mr. Verma and his family decided it was best to end the relationship and ceased all communication with Ms. Sharma. Despite this, Ms. Sharma reportedly faced abuse from her own family as she continued to try and persuade them. She persistently attempted to contact Mr. Verma, who had already accepted the circumstances and was moving on with his life.

Recently, the situation escalated dramatically. Ms. Sharma has left her home, leaving behind a note stating her departure. Her current location is unknown to anyone, including Mr. Verma. In the aftermath, Ms. Sharma’s brother visited Mr. Verma’s residence, and her father telephoned Mr. Verma, issuing direct threats to his life. They have informed Mr. Verma that they are proceeding to file an FIR against him and his family, likely on false charges.

Advice in such cases

• Immediately document every interaction. If you receive threatening calls, try to record them. Keep screenshots of any messages or emails.
• Do not engage with the other party or their family members. Any communication should happen through legal channels.
• If an FIR is threatened, you have the right to seek anticipatory bail from the court to prevent a potential arrest based on false allegations.
• File a counter-complaint with the police detailing the threats you have received. If the local police are uncooperative, you can send a written complaint to the Superintendent of Police (SP) or a higher authority.
• 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

Under the new Indian criminal laws, several sections may be relevant:

• Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with criminal intimidation. The life threats received by Mr. Verma over the phone fall squarely under this provision.
• Section 206 of the BNS: This section pertains to giving false information to a public servant. If the woman’s family files a false FIR with fabricated allegations, they can be prosecuted under this section.
• Section 64 of the BNS: This section pertains to abduction. The woman’s family might misuse this law by filing a false complaint alleging that you have abducted her.
• Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section provides the provision for applying for anticipatory bail to the Sessions Court or the High Court if you apprehend an arrest on an accusation of having committed a non-bailable offence.

If you are the complainant

In this scenario, if you are in Mr. Verma’s position and wish to complain about the threats:

• File a formal written complaint at your nearest police station detailing the threats made by the woman’s family. Provide specific details like the date, time, and content of the threats.
• Submit any evidence you have, such as call recordings or witness information.
• If the police fail to register your complaint, you can send a copy of the complaint to the Superintendent of Police (SP) or the Commissioner of Police via registered post.
• 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

If you are the one being threatened and facing the possibility of a false FIR:

• Preserve all evidence that proves your non-involvement and the history of the relationship ending. This includes messages showing you ceased contact.
• Avoid meeting or speaking with the woman’s family. Let all communication be handled by your lawyer.
• The primary concern is the potential filing of a false FIR for serious offences like abduction or causing the woman to disappear. Your immediate legal step should be to prepare for anticipatory bail.
• 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

In situations involving a missing person, especially an adult woman, the police are often under pressure to act swiftly. They might initially be sympathetic to the family’s version of events, which could portray you as the cause of her disappearance. They will likely summon you for questioning to understand your side of the story. It is crucial to cooperate but to do so with legal counsel. Presenting your evidence of the breakup and the subsequent threats calmly and clearly can help establish your innocence from the outset.

FAQs people normally have

What evidence is required?

The most critical pieces of evidence to protect yourself are:

• Digital evidence like call recordings of the threats, and screenshots of text messages or social media chats that establish the timeline of the breakup and your subsequent lack of contact.
• Any proof that you had moved on and were not in touch with the woman.
• Witnesses, such as friends or family members, who can attest to the fact that the relationship was over and that you were being harassed by her family.
• CCTV footage, if available, of her brother’s visit to your house.

How long will the investigation take?

The initial police investigation to locate the missing person can be quick, often lasting a few days to weeks. However, if a criminal case (FIR) is registered against you, the legal process, including the full investigation, filing of a chargesheet, and the subsequent court trial, can be lengthy. Depending on the court’s workload and the complexity of the case, it can take several months or even years to reach a final resolution.

Advocate Sudhir Rao, Supreme Court of India