Blackmail and Cyber Threats by an Ex-Partner Involving Minors: Legal Options in India

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.

A young student from Indore, whom we'll call Arjun Mehta, walked into our office in early March 2025 looking genuinely shaken. He'd been in a relationship that ended mutually around late January 2025 — amicably enough, or so he thought. What followed the breakup was anything but simple. His ex-girlfriend began flooding him with abusive messages, making repeated hang-up calls, and pressuring him through a mutual friend to reconcile. When Arjun refused, things got worse fast.

She called his friend one night and threatened to file a cyber crime complaint against Arjun for harassment and blackmail — charges with absolutely no basis in fact. Then, in what was clearly a manipulative pattern, she threatened to end her own life and named Arjun's friend in a supposed suicide note. The friend panicked. Arjun was terrified. Both were minors, and neither wanted their families pulled into the mess.

A family acquaintance had earlier tried a general civil lawyer for advice. That didn't go anywhere useful. When Arjun reached Advocate Sudhir Rao's office, a structured legal strategy went into place right away. All message records and call logs were preserved as evidence. A written complaint was prepared documenting the threats. Arjun was counselled on his legal protections against any false complaint. Within a short period, the threatening behaviour stopped — once the other side understood that a legally informed response was now in motion. Arjun could breathe again. He had a path forward.

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.

Preserve all digital evidence immediately: Don't delete any messages, call logs, screenshots, or voicemails. These form the backbone of your legal defence and, if needed, your complaint. Once deleted, recovery is difficult and costly.

Do not engage or respond emotionally: Replying to abusive messages in anger can be used against you. Stop all direct communication and let your advocate handle any formal responses.

File a preventive complaint: If threats of a false police complaint are being made against you, your advocate can help you file a pre-emptive written complaint with the Superintendent of Police or the Cyber Crime Cell, placing your version on record first. And here's the thing — this matters enormously in how authorities perceive the dispute from the very start.

This kind of matter — cyber threats, emotional manipulation, potential false complaints — needs an advocate who regularly handles cyber crime and criminal intimidation cases, not a generalist. Preserving electronic evidence in legally admissible form, timing a complaint correctly, pre-empting a false FIR — these aren't things you improvise. A general practitioner may not be fully familiar with any of it. Domain-specific experience can make a real difference to where you end up.

Applicable Sections of Law

• Section 351 BNS (Criminal Intimidation): Covers threats to cause injury to a person or their reputation to compel them to do an act. Directly applicable where threats of suicide notes naming others are used as coercion.
• Section 308 BNS (Extortion): Applicable when a person is threatened with a harmful act to induce them to act against their will.
• Section 74 BNS (Assault or use of criminal force on a woman with intent to outrage modesty / abusive conduct): May apply in the context of persistent harassment and verbal abuse.
• Section 66A and Section 67 of the Information Technology Act, 2000: Addresses sending offensive, menacing, or obscene communications through electronic means. Abusive and threatening messages sent repeatedly fall squarely within this provision.
• Section 354D BNS (Stalking): Covers repeated attempts to contact or monitor a person despite clear disinterest, which the pattern of behaviour described here reflects.

Punishment and Penalties

• Section 351 BNS (Criminal Intimidation): Punishable with imprisonment up to two years, or fine, or both. If the threat is to cause death or grievous hurt, imprisonment may extend to seven years.
• Section 308 BNS (Extortion): Imprisonment up to three years, with fine. Cognizable, non-bailable, and non-compoundable in most circumstances.
• Section 354D BNS (Stalking): First conviction: up to three years imprisonment and fine. Repeat offence: up to five years with fine. Cognizable and non-bailable on second conviction.
• IT Act Section 67: Imprisonment up to three years and fine up to five lakh rupees on first conviction.

Jurisdiction — Where to File the Case

For cyber crime offences and criminal intimidation, the complaint can be filed at the Cyber Crime Police Station in the district where the victim resides or where the threatening communications were received — in this case, Indore. Under Section 175 BNSS, a complaint can also be filed before the Judicial Magistrate First Class. For IT Act offences, the Cyber Crime Cell attached to the city police commissionerate has jurisdiction. Now, before you act, understand why this matters: filing in the wrong forum can delay cognizance, allow the other side to challenge maintainability, and complicate the investigation timeline in ways that are genuinely hard to undo.

What if Police Refuse to File FIR?

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, demanding that a proper inquiry be conducted and an FIR registered.
• File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate can direct the police to investigate and report.
• If both avenues fail, approach the High Court under Article 226 of the Constitution for a writ directing registration of the FIR, as upheld in Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that registration of FIR is mandatory in cognizable offences.
• Keep a copy of every written complaint submitted, with acknowledgment receipts, as proof of your attempts.

Rights of the Accused

(Relevant here because a false complaint may be filed against the victim of blackmail.)

• Right against self-incrimination: Article 20(3) of the Constitution guarantees that no person shall be compelled to be a witness against themselves. You're not obliged to give statements that may incriminate you.
• Right to legal representation: Article 22 of the Constitution guarantees the right to consult and be defended by a legal practitioner of your choice from the moment of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest, as mandated under Article 22(2) and Section 187 BNSS.
• Right to know the grounds of arrest and to receive a copy of the FIR free of cost under Section 173(2) BNSS.
• Right to remain silent during police questioning and to have your advocate present before making any statement.

Bail Provisions

Section 351 BNS (criminal intimidation in its basic form) is bailable — meaning bail can be sought at the police station itself, without approaching a court. Section 308 BNS (extortion) is non-bailable, requiring a formal bail application before the Magistrate. Anticipatory bail under Section 482 BNSS is strongly advisable if there's any real apprehension of arrest following a false complaint. Regular bail, once arrested, can be sought under Section 480 BNSS before the Magistrate and under Section 483 BNSS before the Sessions Court. Typical bail conditions include surrender of passport, periodic reporting to the police station, and a personal bond with surety. Frankly, your advocate should file anticipatory bail the moment a false complaint threat starts looking credible. Don't wait to see if it materialises.

Quashing of FIR / Case

False FIR filed? The High Court has inherent powers under Section 528 BNSS to quash proceedings that amount to an abuse of the process of law. In State of Haryana v. Bhajan Lal, 1992, the Supreme Court laid down categories of cases where quashing is appropriate — including where the allegations don't disclose a cognizable offence on their face. Where the complainant and accused reach a settlement in compoundable offences, quashing on the basis of compromise is also maintainable, as reaffirmed in Gian Singh v. State of Punjab, 2012. A quashing petition is a powerful remedy, but it must be filed with a carefully constructed affidavit and supported by all relevant evidence of malicious intent. It won't work on thin air.

If You Are the Victim

• Stop all direct communication with the person making threats immediately. Don't respond to provocation via text, call, or social media.
• Screenshot and back up every threatening message, call log, and voicemail to a secure location — ideally two separate devices or a cloud account the other party can't access.
• Write down a detailed chronology of events with dates, times, and the content of each threatening communication, while memory is fresh.
• Inform a trusted adult — a parent, older sibling, or a responsible family friend — even if it feels difficult. Having a witness to your distress and your response to threats strengthens your position significantly.
• Consult an advocate with experience in cyber crime and criminal intimidation matters before deciding whether to file a complaint or wait for the situation to stabilise.

Documents You Must Keep Ready

• Aadhaar Card and PAN Card for identity verification
• Screenshots of all threatening, abusive, and blackmailing messages in their original form (with timestamps visible)
• Call logs showing the pattern of repeated calls and hang-ups
• Any written notes or voice recordings (check local laws on consent) of threatening conversations
• Social media profile links and screenshots of any public posts directed at you or your friends
• A written chronology of events prepared personally, signed and dated
• Contact details of the witness (the mutual friend who received calls and threats)
• Any prior messages showing that the relationship had ended and that you had clearly communicated your intention not to reconcile

What Evidence Is Required?

• Primary digital evidence: Original screenshots of WhatsApp, Instagram, or SMS messages in their unaltered form, with metadata intact where possible
• Call Detail Records (CDR): Obtainable from your telecom provider through the police or a court direction, showing frequency and timing of calls
• Witness testimony: Your mutual friend who received the threatening calls can depose as a material witness
• Electronic device forensics: Where needed, a forensic copy of your phone's message archive can be certified for court use
• Certification under Section 63 of the Indian Evidence Act: Electronic records must be accompanied by a certificate to be admissible
• Written complaint acknowledgments: Copies of any complaints already filed with the Cyber Crime Cell or police station

How the Police Behave in Such Cases

Cyber crime cells in most Indian cities are better equipped today than they were five years ago. But attitude varies significantly by station and officer — sometimes by the individual constable at the front desk. In emotionally charged cases, particularly involving minors and relationship disputes, police sometimes attempt informal mediation before registering an FIR. Don't mistake that for inaction; it can be a deliberate procedural choice. Make no mistake, if a false complaint against you gets registered first, it changes the optics of the entire case in ways that are hard to correct later. That's why getting your version on record proactively, with legal guidance, matters far more than most people realise when they're sitting in that first panicked moment.

Timeline of Legal Process

• Week 1-2: Consult advocate; preserve and certify digital evidence; prepare written complaint
• Week 2-3: File complaint at Cyber Crime Cell or concerned police station; obtain acknowledgment
• Week 3-6: Police conduct preliminary inquiry; statements recorded from complainant and witnesses
• Month 2-4: FIR registered (if not already); investigation conducted; call records and digital forensics obtained
• Month 4-8: Chargesheet filed before the Magistrate under Section 193 BNSS
• Month 8-12: Cognizance taken by Magistrate; accused summoned; charges framed
• Year 1-3: Trial — examination of witnesses, cross-examination, arguments
• Post-trial: Judgment; if aggrieved, appeal before Sessions Court or High Court
• If anticipatory bail or quashing is pursued in parallel, High Court proceedings may run simultaneously alongside the trial court process

How Long Will the Investigation Take?

In cyber crime matters of this nature, the preliminary inquiry typically takes two to six weeks. Once an FIR is registered, the police are required under Section 193 BNSS to file a chargesheet within 60 days (for offences punishable with imprisonment up to seven years) or 90 days (for more serious offences). Delays do occur — particularly in Cyber Crime Cells with heavy caseloads — but a proactive advocate can follow up formally and keep things moving. And here's what most people don't realise: an advocate who knows the

Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.