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

Mr. Alok Kumar, a resident of a quiet neighbourhood in Nagpur, recently found himself in a distressing situation. A few months ago, he had to let go of his domestic help, Ms. Geeta, due to her frequent and unannounced absences from work. He settled her dues for the days she had worked in her final month and the parting was seemingly amicable. However, the situation took a dark turn last week.

Ms. Geeta began sending abusive and threatening messages to Mr. Kumar via a popular messaging app. She demanded a sum equivalent to six months’ salary, including a festival bonus she felt she was entitled to. The threats were specific and escalating: first, she would involve local influential figures to pressure the family. If that failed, she threatened to file false and serious police complaints against Mr. Kumar. As a final threat, she claimed she would have someone rob their house, mentioning she was aware of where the family kept their valuables from her time working there.

This has caused immense stress for Mr. Kumar and his wife, both of whom suffer from health issues. Their son, Rohan, who had recently returned from Jaipur to be with his parents, is deeply concerned, especially about the possibility of a fabricated complaint of a grave nature, like sexual assault, being filed against his father. The family has also been receiving calls from unknown numbers, which they have been avoiding to maintain their peace of mind. They are now in a dilemma about how to proceed legally to protect themselves.

Advice in such cases

Facing such a situation can be incredibly stressful and frightening. It is crucial to act calmly and strategically to protect your rights and safety. Here are some immediate steps to consider:

• Do Not Engage: Refrain from responding to the threats, whether through messages or phone calls. Any engagement can escalate the situation or be misconstrued later.
• Preserve All Evidence: Take screenshots of all threatening messages, record call logs from unknown numbers, and save any other form of communication. This evidence is vital for any legal action you may take.
• Do Not Pay: Giving in to extortion demands will likely not end the harassment. It may embolden the individual to ask for more money in the future.
• Inform Your Family: Keep your immediate family informed about the situation. Their support and awareness are crucial for your collective safety and well-being.
• 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 Indian law, primarily governed by the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 327 of the Bharatiya Nyaya Sanhita, 2023 (Extortion): This section applies when a person intentionally puts another in fear of injury to themselves or another, and thereby dishonestly induces them to deliver any property or valuable security. The demand for six months’ salary under threat falls squarely under this provision.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (Criminal Intimidation): This section deals with threatening another with injury to their person, reputation, or property, with the intent to cause alarm or to cause that person to do any act which they are not legally bound to do. The threats to file false police cases and to have the house robbed are clear acts of criminal intimidation.
• Information Technology Act, 2000: Since the threats are being sent electronically (via WhatsApp), relevant provisions of the IT Act can also be invoked for sending offensive or threatening messages through a communication service.

If you are the complainant

If you are the one receiving threats, like Mr. Kumar’s family, you are the complainant. You have the right to seek legal recourse to stop the harassment and hold the perpetrator accountable.

• Gather and Organize Evidence: Systematically compile all screenshots of messages, call records, and note down the dates and times of all incidents. If there were any verbal threats in the presence of a witness, get their statement.
• File a Police Complaint: Approach your local police station and file a written complaint detailing the entire sequence of events. Provide them with all the evidence you have collected. The police can then register a First Information Report (FIR) under the relevant sections of the BNS.
• Seek Anticipatory Bail if Necessary: If you fear that a false case of a serious, non-bailable nature 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

Being a victim of such threats and potential false accusations is daunting. Your primary goal is to protect your safety, reputation, and peace of mind.

• Document Everything: Maintain a clear and chronological record of the harassment. This documentation will form the backbone of your complaint.
• Secure Your Premises: Given the threat of robbery, it may be prudent to review your home security. Ensure locks are secure and consider installing security cameras if you don’t have them already.
• Prepare for False Allegations: In the unfortunate event that a false complaint is filed, your proactive steps will be your best defense. The evidence of extortion and threats that you have collected will demonstrate the motive behind the false allegations.
• 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

Upon receiving a complaint of this nature, the police are expected to take it seriously. The typical procedure involves:

• Complaint Registration: The police will take down your written complaint. Based on the initial facts and evidence, they will register an FIR for cognizable offenses like extortion and criminal intimidation.
• Investigation: The Investigating Officer (IO) will commence an investigation. This includes verifying the evidence submitted (e.g., sending the phone for forensic analysis to verify the messages), recording your detailed statement (Statement under Section 179 of BNSS), and summoning the accused for questioning.
• Action Against the Accused: If the investigation reveals sufficient evidence against the accused, the police may take action, which could include arrest, depending on the severity of the offenses.
• Filing a Final Report: Once the investigation is complete, the police will file a final report (chargesheet) before the concerned court, and the judicial process will begin.

FAQs people normally have

What evidence is required?

The most crucial evidence in such cases is digital. This includes:

• Screenshots of the threatening messages from apps like WhatsApp, Telegram, or standard SMS.
• Call logs showing repeated calls from the accused or unknown numbers.
• Audio or video recordings of any threatening conversations, if legally obtained.
• Testimony of any person who may have witnessed the threats.
• Any previous communication that can establish the context of the employment and termination.

How long will the investigation take?

There is no fixed timeline for a police investigation. The duration can vary significantly based on several factors, including the workload of the police station, the complexity of the case (e.g., if digital forensics are required), and the cooperation of the parties involved. A straightforward case with clear digital evidence may move faster. Regular follow-up with the Investigating Officer, often done through your lawyer, can help ensure the case progresses steadily.

Advocate Sudhir Rao, Supreme Court of India