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

I am Rohan, a 20-year-old student at Alpha College in the city of Jayanagar. My girlfriend, Priya, who is 19 and also a student, and I are in a loving relationship. However, our lives have been disrupted by the threatening and harassing behaviour of an individual from her past, causing us significant emotional distress.

This person, Sameer, was a friend of Priya’s a few years ago but has now become obsessive and controlling. Since Priya and I began our relationship, his actions have escalated. He has been sending me threatening messages, vowing to find me at college and assault me with his friends. He constantly tries to track my location and provokes me through calls and texts, though I have never met him. He has also been emotionally harassing Priya, blaming me for “ruining” her, using abusive language, and threatening self-harm to manipulate her. Furthermore, he has been contacting her friends, falsely claiming to be her boyfriend in an attempt to isolate her socially. The spam calls and threatening messages are a daily occurrence.

Sameer is older, around 24, and works at a private firm, suggesting he has more resources than we do as students. Priya’s family is unsupportive, leaving us to face this situation alone. We are concerned about the potential for him to use his resources to influence the situation if we involve the authorities. We are peaceful individuals who want to avoid conflict, but we are genuinely afraid for our physical and mental well-being. This ordeal has been incredibly frightening and mentally draining.

Advice in such cases

Dealing with threats and harassment can be terrifying, especially when you feel vulnerable. It is crucial to act methodically and legally to ensure your safety and put an end to the harassment.

• Document Everything: Keep a detailed record of every incident. Take screenshots of threatening messages, record harassing phone calls (if legal in your state without consent, otherwise note the time, date, and content), and save all communications. This evidence is vital.
• Do Not Engage: It is tempting to respond or argue, but this often fuels the harasser’s behaviour. Block his number and social media profiles after taking screenshots. Do not respond to his provocations.
• Inform Key People: While your family may be unsupportive, inform trusted friends, college authorities, or a professor. Creating a support network is important. They can act as witnesses if the harassment occurs in public.
• **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 you’ve described fall under several penal provisions of the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 77 of the BNS, 2023 (Stalking): This applies to Sameer’s repeated attempts to contact you and Priya despite clear indications of disinterest. His monitoring and obsessive behaviour constitute stalking.
• Section 341 of the BNS, 2023 (Criminal Intimidation): His threats to cause physical harm to you (“beat me up”) are a clear case of criminal intimidation, aimed at causing alarm.
• Section 340 of the BNS, 2023 (Intentional insult with intent to provoke breach of the peace): His constant provocations and abusive language can be seen as an attempt to insult you and incite a public disturbance.
• Section 65B of the Bharatiya Sakshya Adhiniyam (BSA), 2023: This section is crucial as it governs the admissibility of electronic records (your screenshots, call logs) as evidence in court.

If you are the complainant

As the person being directly threatened, you (Rohan) should take the lead in initiating legal action.

• Gather Your Evidence: Compile all the screenshots of messages, call logs, and any other proof of threats and harassment. Organize them chronologically.
• Draft a Formal Complaint: Write a detailed complaint addressed to the Station House Officer (SHO) of the police station in whose jurisdiction the harassment is occurring (e.g., near your college or residence). Clearly state the facts, the nature of the threats, and the fear you are experiencing.
• File the Complaint: Visit the police station with your evidence and the written complaint. It is advisable to go with a trusted adult or your lawyer. The police are obligated to register a First Information Report (FIR) for cognizable offences like criminal intimidation.
• **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

Priya is also a primary victim of stalking and emotional harassment. Her involvement is crucial.

• File a Joint or Separate Complaint: Priya can be a co-complainant in your FIR or file a separate one, specifically detailing the stalking and emotional abuse she is enduring. A complaint from her strengthens the case, especially for the charge of stalking.
• Statement to the Police: She will need to provide a statement to the police detailing Sameer’s past behaviour, the current harassment, and the emotional and psychological impact it has had on her.
• Seek a Restraining Order: Your lawyer can help you file an application in court for a restraining order (an injunction) against Sameer, legally prohibiting him from contacting or approaching either of you.
• **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

Your fear about the police being bribed or unhelpful is understandable, but there are procedures to follow. Initially, the police might treat it as a minor issue between young people. However, if you present a well-documented complaint citing specific threats of violence, they are legally bound to act. If the local police are unresponsive, you can escalate the matter by sending the complaint via Registered Post to the Superintendent of Police (SP) or a higher-ranking officer. Having a lawyer accompany you to the station often ensures the matter is taken seriously from the outset.

FAQs people normally have

Your questions are valid and commonly asked in such situations.

• What protections exist for college students? The law protects all citizens equally, regardless of age or student status. Additionally, your college or university likely has an anti-harassment policy and a disciplinary committee. You can file a complaint with the college administration, which can take action against the individual if he has any connection to the institution or if the threats relate to the campus environment.
• What if he bribes police or retaliates? If you suspect bribery or inaction, you can file a complaint with senior police officials or the State Police Complaints Authority. If he retaliates after a complaint is filed, it is a separate and more serious offence. Inform the police immediately. The fact that he retaliated after being reported will strengthen the case against him and may lead to his bail being cancelled if he has been arrested.
• Can we request any kind of protection? Yes, based on the severity of the threats, you can request police protection. This is usually granted in cases where there is a credible and imminent threat to life, which your lawyer can help you argue for.
• What if I encounter him and he physically tries to do something? You have the right to private defence under the BNS. This means you can use reasonable force to protect yourself from physical harm. However, the primary goal should be to de-escalate and escape the situation. Shout for help to draw attention and immediately call the police.

What evidence is required?

Solid evidence is the backbone of your case. You will need:

• Screenshots of all threatening and harassing messages from all platforms (WhatsApp, Instagram, etc.).
• Call logs showing the frequency and timing of spam calls.
• If possible, audio or video recordings of threats (check legality first).
• A list of witnesses, such as friends who have been contacted by the harasser or have witnessed your distress.
• A certificate under Section 65B of the BSA for any electronic evidence submitted. Your lawyer will guide you on this.

How long will the investigation take?

The timeline can vary. After an FIR is filed, the police will begin their investigation, which involves collecting evidence, recording statements, and tracking down the accused. This can take a few weeks to a couple of months. If the case goes to trial, it can be a longer process. However, the immediate relief often comes from the police summoning the accused and warning him, or from obtaining a restraining order from the court, both of which can happen relatively quickly after you initiate the process.

Advocate Sudhir Rao, Supreme Court of India