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

A family is living in constant fear due to severe harassment and threats from a man who was once a trusted family acquaintance. Mrs. Priya is being subjected to relentless intimidation by a man named Mr. Verma. This situation has escalated to a point where the safety of her entire family, including her son, Sameer, and her elderly mother, is at risk.

Mr. Verma, who had initially presented himself as a supportive friend, is now threatening to kill Mrs. Priya’s family members, specifically her son and brother. He claims to possess weapons and has a history of substance abuse, making his threats particularly alarming. He has also physically assaulted Mrs. Priya in the past and is now blackmailing her with threats of circulating fabricated intimate videos to extort money.

The harassment extends to sending random individuals to their home with threatening messages. Furthermore, Mr. Verma has fraudulently opened an account with ‘Apex National Bank’ using the name of Mrs. Priya’s elderly mother without her consent or knowledge, using it for illicit transactions. The family’s attempts to seek help from law enforcement have been futile. A complaint filed a few months ago yielded no results. The Cyber Crime unit directed them to the local police, who in turn dismissed their plea, citing a “lack of proof.” Even emergency calls have been disregarded, leaving the family feeling helpless and terrified to even leave their home.

Advice in such cases

This is a grave situation involving multiple serious criminal offenses. It is crucial to act strategically and persistently. The primary focus should be on ensuring the immediate safety of the family while systematically pursuing legal recourse. Document every single incident, threat, and communication, no matter how minor it seems. This documentation will become the backbone of your legal case.

Applicable Sections of Law

The actions described constitute several cognizable offenses under the Bharatiya Nyaya Sanhita (BNS), 2023. These include:

• Section 351 of BNS (Criminal Intimidation): For the repeated threats to cause death or grievous hurt to Mrs. Priya’s son and brother.
• Section 325 of BNS (Extortion): For demanding money under the threat of leaking fabricated videos.
• Section 78 of BNS (Stalking): For the persistent and unwanted contact, including sending people to their home.
• Section 124 of BNS (Assault or criminal force): For the past physical assault and the current acts of intimidation causing a reasonable apprehension of harm.
• Section 318 of BNS (Cheating): For the fraudulent opening and operation of a bank account.
• Section 335 of BNS (Forgery): For creating false electronic records or documents to facilitate the bank fraud.

If you are the complainant

• Consult with Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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 in 7-10 days.
• Approach Senior Police Officials: If the local police station refuses to register an FIR, you must submit a written complaint detailing all the events, threats, and evidence to the Superintendent of Police (SP) or the Commissioner of Police for your district. This can be sent via registered post.
• File a Private Complaint: If the police still fail to act, your lawyer can help you file a private complaint directly before the Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court can then order the police to investigate the matter.
• Preserve All Evidence: Keep every piece of evidence secure. This includes text messages, call logs, recordings, and details of the people he sends to your house.

If you are the victim

• Prioritize Safety: Your immediate safety is paramount. If possible, consider temporarily relocating to a safer place. Inform trusted neighbours about the situation so they can be vigilant.
• Cease All Communication: Block the perpetrator’s numbers and any new numbers he uses to contact you. Do not engage with him or the people he sends.
• Document Everything: Maintain a detailed diary or log of every incident. Note the date, time, nature of the threat, and any witnesses. This log is a crucial piece of evidence.
• Secure Your Home: Consider installing security cameras (CCTV) at the entrance of your home. This can deter the perpetrator and capture evidence of him or his associates approaching your residence.

How the police behave in such cases

It is unfortunate but common for police to initially dismiss such complaints as personal or domestic disputes, especially if there is no immediate physical evidence of an attack. They may ask for “proof” before filing an FIR, even though their duty is to investigate a complaint of a cognizable offense. The assertion that “the state police can’t do anything” is a tactic used by criminals to intimidate victims. A lawyer’s intervention often signals to the police that the complainant is serious and aware of their rights, prompting them to take action.

FAQs people normally have

What if the police refuse to file an FIR?
You have the right to send a written complaint to the Superintendent of Police (SP). If no action is taken, you can file a private complaint in court through a lawyer, asking the Magistrate to direct the police to register an FIR and investigate.

Are threats on the phone or messages enough proof?
Yes. Audio recordings, screenshots of text messages, and call detail records (CDRs) are considered valid electronic evidence under the law and are crucial for proving criminal intimidation and extortion.

What should be done about the fraudulent bank account?
Immediately file a formal complaint with the concerned bank’s fraud department, providing all details. Simultaneously, this should be a key part of your police complaint, as it is a serious offense of forgery and cheating.

What evidence is required?

To build a strong case, you should gather as much of the following as possible:

• Screenshots of all threatening messages, emails, or social media communications.
• Audio or video recordings of any threatening calls or in-person encounters.
• Call Detail Records (CDRs) from your telecom provider.
• CCTV footage showing the perpetrator or his agents near your property.
• Written statements from any witnesses (family, friends, neighbours).
• All documents related to the fraudulent bank account.
• A detailed, chronological log of all incidents of harassment and threats.

How long will the investigation take?

The timeline can vary significantly. Once an FIR is registered, the police are mandated to investigate. With the intervention of a lawyer and persistent follow-up, initial police action can be expected within a few days to a week. The entire investigation and subsequent court trial can be a lengthy process, but crucial steps like arresting the accused or obtaining restraining orders can happen much sooner to ensure the victim’s safety.

Advocate Sudhir Rao, Supreme Court of India