Cab Driver Sent Inappropriate Texts After Booking – Legal Remedies

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.

TL;DR: If a cab driver texts you inappropriately after a booking, you can file an FIR under sections of stalking or criminal intimidation. Go directly to the nearest police station with screenshots. If the police refuse, you can approach a Magistrate or file a cyber crime complaint online.

The client — let's call her Kavita Reddy — booked a cab through a ride-hailing app in Indore. After dropping her off, the driver obtained her number from the app's masked call feature and sent her highly inappropriate and threatening text messages. She tried calling him back but he wouldn't answer. Her brother tried too. No response.

She first called the cab company's helpline. They were unhelpful. So she approached the office of Advocate Sudhir Rao. The problem was clear: the driver had used the platform's data to harass her. That's a crime. And here's the thing — many people don't realise that merely texting after a completed ride, if done with a sexual or threatening undertone, can attract criminal provisions.

Advocate Sudhir Rao's office guided Kavita to file an FIR at the local police station in Vijay Nagar, Indore. They helped her compile screenshots, call logs, and a detailed written complaint. The police initially hesitated — they said it was a "minor" issue. But the office argued that the conduct fell squarely under the new criminal laws. The FIR was registered. Within a week, the driver was summoned and issued a stern warning. The case was resolved without a prolonged trial, but the legal pathway was firmly established.

Key Facts of the Case

• The cab was booked through a ride-hailing app in Indore.
• The driver used the app's masked call feature to obtain the passenger's real number.
• He sent multiple inappropriate and threatening text messages after the ride ended.
• The passenger tried calling the driver back; he did not answer.
• The cab company's helpline did not provide any meaningful assistance.
• Screenshots of the messages were preserved as evidence.
• The FIR was registered under relevant BNS sections for stalking and criminal intimidation.
• The driver was summoned by the police and the matter was resolved without a full trial.

The Direct Legal Answer

Yes, you can file a police complaint against a cab driver who texts you inappropriately after a booking. The key is to go directly to the police station, not just the cab company's app support. The police have the power to register an FIR for offences like stalking or criminal intimidation under the Bharatiya Nyaya Sanhita, 2023.

Make no mistake — the cab company is not your enemy here. But they also might not help you fast enough. So approach the police first. If they refuse, you have remedies. More on that below.

Do I need to go through the ride-hailing app's complaint system first?

No. That's an optional step. You can directly file a complaint at the police station where the offence occurred or where you received the messages. Don't wait for the app company to act.

What if the driver used a non-government app like a local cab service?

Same process. The law applies equally whether the driver was from a major platform or an independent operator. The key is that he obtained your number and used it to harass you.

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.

Second, preserve every piece of evidence. Screenshots, call logs, the driver's name and vehicle number — all of it. Don't delete a single message. Third, file the complaint at the police station that has jurisdiction over where the messages were received. Fourth, remember that this type of matter — involving technology-facilitated harassment — requires an advocate who regularly handles cyber crime or women's safety cases. General practitioners may miss subtle evidentiary angles or procedural shortcuts.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), the following sections may apply:

• Section 78 BNS — Stalking: covers a man who follows, contacts, or attempts to contact a woman despite clear disinterest, causing her distress. The cab driver's texts fall here.
• Section 351 BNS — Criminal intimidation: if the texts threatened harm to the passenger or her family.
• Section 79 BNS — Voyeurism: if the driver recorded or captured her image without consent during the ride (less likely in this scenario but worth checking).
• Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police have the power to investigate cognizable offences like stalking without a warrant.

Punishment and Penalties

For stalking under Section 78 BNS, the punishment is imprisonment up to three years for the first offence, and up to five years for a subsequent conviction. A fine is also applicable. The offence is cognizable, meaning the police can arrest without a warrant, and bailable — the accused can secure bail relatively easily. It is compoundable, meaning the victim and accused can settle the matter with court approval. For criminal intimidation under Section 351 BNS, imprisonment can extend up to two years, or up to seven years if the threat involves death or grievous hurt. That offence is also cognizable and bailable depending on the seriousness.

Jurisdiction — Where to File the Case

The FIR should be lodged at the police station within whose territorial limits the messages were received or the harassment was experienced. If the driver was from Indore and the passenger lives in Vijay Nagar, the Vijay Nagar police station has jurisdiction. For criminal matters, territorial jurisdiction is based on where the offence was committed or where the victim resides. Filing in the wrong station can delay the process. If you are unsure, go to the nearest police station — they will guide you to the correct jurisdiction or forward your complaint.

What if Police Refuse to File FIR?

If the police say it's a "minor issue" and refuse to register an FIR, you have clear rights under BNSS, 2023:

• Approach the Superintendent of Police (SP) or Deputy Commissioner of Police under Section 173(4) BNSS for a direction to register the FIR.
• File a private complaint before the Magistrate under Section 175(3) BNSS, who can order the police to investigate.
• In extreme cases, file a writ petition in the High Court seeking a direction to the police to act.
• You can also lodge a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) for online harassment, which often gets faster attention.

Rights of the Accused

The cab driver, if accused, has several constitutional and statutory rights:

• Right to remain silent — he cannot be compelled to be a witness against himself under Article 20(3) of the Constitution.
• Right to legal representation under Article 22(1) — he can consult and be defended by a lawyer.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2).
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to seek bail, as stalking is bailable in the first instance.

Bail Provisions

Since stalking under Section 78 BNS is bailable for a first offence, the accused can apply for bail before the police or the Magistrate. Anticipatory bail under Section 482 BNSS is also available if he fears arrest before the FIR is registered or immediately after. Regular bail under Section 480 BNSS is the standard route once arrested. The court typically imposes conditions — not contacting the victim, surrendering the phone for evidence, or reporting to the police periodically. In cases involving threats of violence, bail may be opposed by the prosecution.

Quashing of FIR / Case

The accused can approach the High Court under Section 528 BNSS to quash the FIR if there is no prima facie evidence of stalking or intimidation. Common grounds include that the messages were not threatening, that the contact was a legitimate follow-up (e.g., lost property), or that the complaint is motivated by a personal grudge. However, quashing is not easily granted — the court will not conduct a mini-trial at this stage. For the victim, this means a properly drafted FIR with clear evidence of harassment will survive a quashing attempt.

If You Are the Victim

• Do not delete the text messages — screenshot everything, including the driver's number and profile picture.
• Call the driver's platform helpline to report the incident and ask them to block the driver from contacting you again.
• File an FIR at the nearest police station — do not wait for the cab company to act.
• If you feel physically unsafe, consider changing your phone number temporarily or enabling stricter privacy settings on your cab app.
• Contact a lawyer who handles cyber harassment cases — they can navigate the procedural hurdles faster.

Documents You Must Keep Ready

• Copies of all text messages (screenshots with timestamps).
• Call logs showing the driver called or messaged you.
• Booking confirmation from the cab app (showing driver name, vehicle number, and ride details).
• Your Aadhaar or PAN card for identity verification.
• Any response from the cab company's helpline (emails or chat transcripts).
• A written complaint detailing the sequence of events.

What Evidence Is Required?

• Primary evidence: The original text messages as seen on your phone — do not delete or alter them.
• Secondary evidence: Screenshots saved to cloud or printed copies — admissible if the originals are preserved.
• Call records: Phone bill or dialer logs showing the driver's number.
• App records: Booking history, driver profile, and ride details from the cab platform.
• Witness testimony: Your brother or family member who saw the messages or tried to call the driver.
• Forensic evidence: If required, a cyber expert can extract metadata proving the messages came from the driver's device.

How the Police Behave in Such Cases

Police response to stalking cases has improved under the new BNSS regime, but it varies by station. Officers may initially dismiss a single text as trivial — that's why a well-documented complaint is crucial. They will attempt to call the driver and issue a warning. If the driver admits to sending the messages, the matter may close with a settlement. If he denies, the police will conduct a preliminary inquiry, collect evidence, and if a prima facie case exists, file a chargesheet. The key is persistence: if one officer is unhelpful, escalate to the SP or file a private complaint.

Timeline of Legal Process

• FIR registration: 1-2 days after complaint.
• Police investigation: 2-4 weeks — collecting messages, call records, and driver statement.
• Chargesheet filing: Within 60-90 days for cognizable offences.
• Cognizance by Magistrate: 1-2 weeks after chargesheet.
• Framing of charges: 1-2 months after cognizance.
• Trial: 3-6 months for a simple stalking case with documentary evidence.
• Judgment: Dependant on court workload, but typically within 6-9 months from filing of chargesheet.
• Appeal: Can extend the process by 1-2 years if either side appeals.

How Long Will the Investigation Take?

For a stalking case with clear digital evidence, police investigation — including recording statements, collecting screenshots, and summoning the driver — typically wraps up within 2 to 4 weeks. The chargesheet must be filed within 60 days if the accused is in custody, or 90 days if on bail. Timely evidence preservation speeds this up significantly.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes, stalking under Section 78 BNS is a compoundable offence — meaning the victim and accused can settle the dispute with court approval. The driver may issue a written apology and undertake not to contact the victim again. The court may then close the case. Settlement is often faster and less stressful than a trial. However, if the messages involved serious threats or the driver has a history of such behaviour, the court may refuse to compound the offence. Mediation through Lok Adalat is also an option for pending cases. The decision to settle should be made with your advocate's advice — do not accept a settlement without ensuring the driver cannot harass you again.

Common Mistakes People Make

• Deleting evidence: Deleting the messages or blocking the driver before saving screenshots destroys the primary evidence. Preserve everything first.
• Waiting for the cab company: Many victims rely solely on the app's internal complaint system, which often does little. Go to the police directly.
• Engaging a lawyer without domain-specific experience: A general litigation lawyer may not understand the nuances of digital evidence preservation, BNSS procedures for cyber cases, or the psychological impact of stalking. An advocate who regularly handles women's safety or cyber harassment cases will know the right evidentiary and procedural strategies.
• Posting on social media: Publicly naming the driver online can prejudice the case and potentially attract defamation counterclaims. Keep it private until the legal process concludes.
• Replying to the driver: Any reply from the victim — even an angry one — can be twisted by the accused to claim that the contact was consensual or that the victim initiated the exchange. Do not respond after the first inappropriate message.

FAQs People Normally Have

Can I file a complaint if the driver only texted once?

Yes. A single inappropriate message can constitute stalking if it causes distress or fear. The law does not require repeated contact for an FIR to be registered.

What if the driver used a fake number?

The police can trace the number through the call records and the cab app's data. Even prepaid numbers are linked to SIM card registrations.

Do I need a lawyer to file an FIR?

Not strictly. You can file an FIR on your own. But a lawyer helps draft the complaint properly, ensures the right sections are applied, and handles any police resistance.

Can the case be filed from another city?

You should file it where the messages were received or where you reside. If the driver is in another city, the police will coordinate with that jurisdiction through a Letter of Request under BNSS.

Will the driver go to jail?

For a first-time stalking offence, the driver is more likely to get a warning, a fine, or a short imprisonment if convicted. Jail is possible but not guaranteed. The real deterrent is the criminal record.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

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.