One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a 20-year-old man, was in a relationship with Ms.Y for approximately 18 months. When Ms.Y discovered that Mr.X had been in emotional contact with another woman, she became extremely upset and accused him of emotional infidelity. Following this discovery, Ms.Y began making threatening statements about filing legal cases against Mr.X. She exhibited controlling and manipulative behavior, using these legal threats as a means to intimidate and harass him. Mr.X approached me seeking legal advice on how to protect himself from potential false accusations and malicious prosecution while also dealing with the ongoing harassment from his former girlfriend.

Advice in Such Cases

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 to 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.

Document all threatening communications through screenshots, recordings, or written evidence. Maintain a detailed log of all interactions with dates and times. Avoid any further contact with the threatening party to prevent escalation. Consider informing trusted family members or friends about the situation for support and potential witnesses.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 351 deals with criminal intimidation, while Section 356 covers defamation. Section 3 of BNS covers false accusations and malicious prosecution. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides procedures for handling complaints of harassment. These provisions protect individuals from threats, false accusations, and intimidation tactics used to cause mental harassment or coerce someone into unwanted actions.

If You Are the Complainant

• File a complaint under relevant BNS sections for criminal intimidation and harassment
• Gather all evidence of threats, including messages, call records, and witness statements
• Approach the nearest police station with proper documentation
• Consider seeking a restraining order to prevent further contact
• Maintain detailed records of all incidents with dates and circumstances

If You Are the Victim

• Immediately stop all communication with the person making threats
• Preserve all evidence of threatening behavior through screenshots and recordings
• Inform family members and close friends about the situation for support
• Consider changing privacy settings on social media platforms
• Seek legal counsel to understand your rights and available remedies

How the Police Behave in Such Cases

Police typically treat relationship-related threat cases with caution, often attempting mediation first. They may initially suggest counseling or family intervention. However, with proper evidence of criminal intimidation and harassment, police are obligated to register complaints under relevant BNS sections. Officers usually conduct preliminary investigations and may call both parties for questioning to establish facts before proceeding with formal charges.

FAQs People Normally Have

Can emotional cheating be considered a crime? No, emotional relationships outside marriage or dating relationships are not criminal offenses under Indian law.

What constitutes criminal intimidation? Threats to harm someone’s reputation, property, or person, or to file false cases to cause fear constitute criminal intimidation.

Can I get protection from false cases? Yes, you can file anticipatory bail applications and complaints against the person making threats of false accusations.

What Evidence Is Required?

• Screenshots of threatening messages or social media posts
• Audio or video recordings of threatening conversations
• Witness statements from people who heard the threats
• Call logs showing pattern of harassment
• Email communications containing threats
• Medical certificates if psychological distress is caused
• Documentation of any property damage or reputation harm

How Long Will the Investigation Take?

Investigation timeline typically ranges from 2-6 months depending on evidence complexity and case specifics. Simple harassment cases with clear evidence may resolve faster, while complex cases involving multiple allegations may take longer. Court proceedings, if initiated, can extend the timeline by 6 months to 2 years. Regular follow-up with investigating officers helps expedite the process.

Advocate Sudhir Rao, Supreme Court of India