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

Mr. Sameer was in a relationship with Ms. Anjali for a few years, but they decided to part ways several months ago. Recently, Ms. Anjali began contacting Sameer again, insisting that she wanted to reconcile. Sameer, having moved on, tried to cease all communication by blocking her on all platforms. However, this did not deter her. She escalated the situation by showing up at his residence in the city of Chandpur and revealing intimate details of their past relationship to his parents. This included disclosing a sensitive medical procedure they had undergone together. Sameer is now under immense stress, as Ms. Anjali is also falsely claiming that he had promised to marry her. He is deeply concerned about potential false legal cases being filed against him and the severe impact this harassment is having on his mental well-being.

Advice in such cases

• Preserve all evidence. Keep screenshots of messages, call logs, emails, or any other form of communication from the ex-partner. Do not delete anything, as it can be crucial evidence of harassment.
• Cease all communication. Do not engage in arguments or discussions. A clear and final message stating that you do not wish to be contacted again is sufficient. Any further contact from her side can then be considered harassment.
• Inform a trusted friend or family member about the situation. Having someone who is aware of the ongoing events can provide support and can also act as a witness if needed.
• 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

In such scenarios, several provisions of the Bharatiya Nyaya Sanhita (BNS) can be invoked, depending on the specific actions of the individual.

• Section 86 of BNS (Criminal Intimidation): If the ex-partner threatens to harm your reputation, file false cases, or cause any other injury to you or your family to compel you to do something against your will (like getting back into the relationship), it can amount to criminal intimidation.
• Section 356 of BNS (Defamation): Spreading false information or revealing private and sensitive details to third parties (like your parents or employer) with the intent to harm your reputation is covered under defamation.
• Section 80 of BNS (Extortion): If the demand to get back into a relationship is coupled with threats of reputational damage or legal trouble unless you comply, it could be considered extortion.
• Section 69 of BNS (Sexual intercourse by deceitful means): Be aware that a false allegation could be made under this section, which pertains to engaging in sexual intercourse on a false promise of marriage. Having pre-emptive evidence of the harassment can help build your defense against such potential allegations.

If you are the complainant

If you are the one facing such harassment and wish to take legal action, you are the complainant. Here are the steps to follow:

• Gather all documented evidence of harassment, including messages, call records, and witness accounts.
• Draft a detailed complaint with the help of your lawyer. The complaint should chronologically list all instances of harassment, intimidation, and defamation.
• Submit the complaint to the Senior Superintendent of Police (SSP) or the Commissioner of Police of your city. This ensures that the matter is brought to the notice of senior officials.
• If the police do not take action, your lawyer can file a private complaint before the Magistrate under Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• 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 this harassment, your immediate priority is your safety and mental peace. Here is what you should do:

• Maintain a detailed log or diary of every incident of harassment. Note the date, time, location, and what happened. This creates a contemporaneous record which has high evidentiary value.
• Consider sending a formal legal notice through your lawyer to the person, demanding they cease all contact and harassment immediately. This serves as a strong warning and a formal record of your grievance.
• You can approach a civil court to seek an injunction or a restraining order, which would legally prohibit the person from contacting you or coming within a certain distance of your home or workplace.
• 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 response in matters of this nature can vary. Initially, they might view it as a “lover’s quarrel” or a personal dispute and may be reluctant to register a First Information Report (FIR). They often suggest that both parties resolve the matter amicably. However, if your complaint is well-drafted by a lawyer and clearly points out the commission of cognizable offenses like criminal intimidation (Section 86 BNS) or extortion (Section 80 BNS), they are more likely to take it seriously. Persistence and presenting clear evidence are key. Having a complaint on record is also strategically important as a defense against any potential false cases that may be filed against you later.

FAQs people normally have

What evidence is required?

The stronger your evidence, the stronger your case. Key pieces of evidence include:

• Digital communications: Screenshots of WhatsApp messages, social media DMs, text messages, and emails.
• Call records and, if legally permissible in your state, audio recordings of threatening conversations.
• Witness testimony: Statements from friends, family, or neighbors who have witnessed the harassment or its impact on you.
• A copy of any legal notice sent and its delivery receipt.
• A personal diary documenting the timeline of events.

How long will the investigation take?

The duration of a police investigation is not fixed. After a complaint is filed, the police will conduct a preliminary inquiry which can take a few weeks. If an FIR is registered, the investigation process under the BNSS officially begins. While the BNSS provides timelines for investigation, in practice, it can take several months depending on the complexity of the case, the evidence available, and the workload of the police. If the matter proceeds to trial, the entire legal process can take several years to conclude.

Advocate Sudhir Rao, Supreme Court of India