Death Threats After Bail: What to Do When a Politically Connected Person Threatens to Kill Your Family Member

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.

Rohan Gupta runs a small hardware shop in the Gomti Nagar locality of Lucknow. Around early March 2025, the son of a former ward councillor with known political connections visited the shop and demanded money for alcohol. Rohan's uncle, Mahesh Gupta, firmly refused. Within a week, a portion of the shop was set ablaze late at night. The family suspected the councillor's son immediately but felt powerless.

A relative with local political connections helped get the accused arrested. He spent nearly three months in custody. Then, around mid-June 2025, he obtained bail. Almost immediately after local elections concluded, the accused walked up to Mahesh Gupta in person and said, in plain words, that he would kill him before the next morning. The family was terrified. They had already approached the local police station twice without success — officers were reluctant to act against someone with political backing.

That's when Rohan reached out to Advocate Sudhir Rao. The earlier approach of relying solely on local political contacts hadn't produced a durable solution. A structured legal intervention was needed. A formal complaint was filed, bail cancellation proceedings were initiated, and protective orders were sought. The situation, which had seemed completely helpless, began to move in the family's favour once the correct procedural strategy was applied.

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 everything immediately. Write down the exact words of the threat, the date, time, location, and any witnesses present. If the threat was made near a shop or building with CCTV, secure that footage before it's overwritten. These details become critical evidence — and courts take contemporaneous notes far more seriously than reconstructed accounts filed weeks later.

Don't retaliate or confront. It's natural to feel angry. Furious, even. But any counter-confrontation can weaken your legal position in ways that are genuinely hard to recover from. Let the law do the work. Stay away from the accused and keep family members informed about safety precautions.

Seek bail cancellation simultaneously. When a person on bail makes fresh threats or commits new offences, bail can be cancelled. This is a parallel remedy that should be pursued alongside filing a fresh complaint. And here's the thing — this category of criminal matter, involving political pressure, repeat offenders, and reluctant police, carries procedural and evidentiary nuances that advocates who regularly handle such cases are far better equipped to manage than a general practitioner.

Applicable Sections of Law

• Section 351 BNS (Criminal Intimidation): Covers threats to cause death or grievous hurt to any person, their reputation, or property, with intent to cause alarm.
• Section 109 BNS (Abetment): Applicable if others are actively encouraging or aiding the accused in making threats.
• Section 324 BNS (Mischief by fire): Covers the act of setting fire to the shop — a distinct cognizable offence that can be separately prosecuted.
• Section 173(4) BNSS: Allows a complainant to approach the Superintendent of Police directly if the local police station refuses to register an FIR in a cognizable matter.

Punishment and Penalties

• Section 351 BNS — Criminal Intimidation (threat of death or grievous hurt): Imprisonment up to seven years, or fine, or both. The aggravated form — threatening to cause death — attracts the higher end of this range.
• Section 324 BNS — Mischief by fire: Imprisonment up to seven years and fine.
• Cognizable offence: Police can arrest without a warrant.
• Non-bailable: Bail is not a matter of right and must be applied for before a Magistrate or Sessions Court.
• Non-compoundable: Cannot be privately settled between the parties without court sanction.

Jurisdiction — Where to File the Case

For criminal threats, the FIR must be filed at the police station within whose territorial limits the threat was made or received. If the threat was made at the shop in Gomti Nagar, the jurisdictional police station for that area is the appropriate first point of contact. Once an FIR is registered, the case is triable before the Judicial Magistrate of First Class or the Sessions Court depending on the gravity of the offence and the punishment prescribed. Don't let jurisdiction confusion delay you — file at the nearest station where the incident occurred and let the police sort out any transfer if needed. Frankly, delays caused by second-guessing jurisdiction are exactly what the other side is hoping for.

What if Police Refuse to File FIR?

This is unfortunately common when the accused has political connections. But you're not without options. Here's what to do, step by step:

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS — if satisfied, the SP can direct the station to register the FIR.
• File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS — the Magistrate can take cognizance and direct the police to investigate.
• File a writ petition before the High Court under Article 226 of the Constitution seeking a direction to register the FIR — courts in India have consistently upheld this in cases like Lalita Kumari v. Government of UP, 2014, where the Supreme Court made FIR registration mandatory in cognizable offences.
• Preserve all evidence of the refusal — note the date, the officer's name, and the written complaint receipt, if any.

Rights of the Accused

Even in a matter where someone is the victim, it helps to understand the accused's rights — because the defence will use them, and you should be prepared. Now, before you act, get familiar with what you're up against:

• Right against self-incrimination under Article 20(3) of the Constitution — the accused cannot be compelled to testify against himself.
• Right to legal representation under Article 22 — the accused must be informed of this right at the time of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest, as mandated by Article 22(2) and Section 57 BNSS.
• Right to receive a copy of the FIR and to be informed of the grounds of arrest at the earliest.
• Right to apply for bail before the competent court — which is precisely why pursuing bail cancellation simultaneously is so critical for the victim's safety.

Bail Provisions

Criminal intimidation involving a threat of death is non-bailable. Regular bail can be applied for under Section 480 BNSS before the Magistrate or under Section 483 BNSS before the Sessions Court. If the accused apprehends arrest in a fresh case, they may apply for anticipatory bail under Section 482 BNSS. And here's where strategy really matters: when a person on bail makes fresh threats, the original bail is liable to be cancelled. A bail cancellation application can be filed before the court that granted bail, citing the fresh criminal conduct. Courts have taken a serious view of post-bail intimidation, and this remedy should be pursued without delay alongside the fresh FIR.

Quashing of FIR / Case

The accused may attempt to get the FIR quashed before the High Court using its inherent powers under Section 528 BNSS. Quashing is typically considered where there's no prima facie case, or where the dispute is purely civil in nature, or where it's a compoundable offence and parties have genuinely settled. But threats of death are non-compoundable and carry serious criminal consequences — quashing in such matters is rarely granted. Your advocate should be ready to oppose any quashing petition filed by the accused before the High Court. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down specific grounds on which quashing can be permitted, and a death threat case generally does not satisfy those grounds.

If You Are the Victim

• File a written complaint at the local police station immediately, and keep a copy with acknowledgement — date-stamped if possible.
• If police refuse or delay, escalate to the SP in writing under Section 173(4) BNSS the same day — do not wait.
• Approach a Magistrate under Section 175(3) BNSS with a private complaint, supported by witness affidavits and any recorded evidence of the threat.
• Apply for a bail cancellation order in the court that originally granted bail to the accused, highlighting the fresh threats as a violation of bail conditions.
• Inform family members to avoid isolated movement, and if possible, document any further contact or threat by the accused through recordings or witnesses.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the complainant and witnesses
• Written complaint copies submitted to the police station, with date-stamped acknowledgement
• CCTV footage from the shop or surrounding area (transferred to a secure device immediately)
• Photographs of any property damage caused during the arson incident
• Prior FIR copy, bail order copy, and any court orders from the earlier arrest
• Witness statements in writing from anyone who heard the threat directly
• Any audio or video recording of the threat, if lawfully obtained
• Medical reports, if any physical intimidation accompanied the verbal threat

What Evidence Is Required?

• Direct oral testimony: Statements from the complainant and any eyewitnesses who heard the threat — this is primary evidence.
• Audio/video recording: Any recording of the threatening words, even from a mobile phone, is powerful corroborative evidence.
• CCTV footage: From the shop, nearby establishments, or public cameras in the area where the threat was made.
• Documentary evidence: Previous FIR copies, bail orders, and court records establishing the pattern of conduct by the accused.
• Property damage evidence: Photographs and repair estimates from the arson incident as secondary supporting evidence of the accused's history.
• Witness affidavits: Sworn statements from neighbours, shop staff, or bystanders who observed the threatening conduct.

How the Police Behave in Such Cases

Make no mistake — police behaviour in politically sensitive cases can be deeply inconsistent. Officers at the station level may delay registration, ask the parties to "settle the matter," or claim the threat is "not serious enough" for an FIR. This reluctance is well-documented. It's precisely why the Supreme Court in Lalita Kumari v. Government of UP, 2014 made it clear that registration of FIR in cognizable offences is mandatory, not discretionary. When political pressure is involved, the hesitation only gets worse. Documenting every refusal in writing and immediately escalating to the SP or Magistrate is the only reliable counter to this pattern.

Timeline of Legal Process

• Day 1-3: File written complaint at the police station; secure CCTV footage and witness statements.
• Day 3-7: If FIR not registered, escalate to SP under Section 173(4) BNSS; simultaneously draft private complaint for Magistrate.
• Week 2: FIR registered; police begin preliminary investigation; bail cancellation application filed in court.
• Week 2-4: Police record statements of complainant and witnesses; accused may be taken into custody pending bail hearing.
• Month 1-3: Chargesheet filed under Section 193 BNSS within 60-90 days; Magistrate takes cognizance.
• Month 3-6: Charges framed; trial begins with examination of witnesses.
• Month 6 onward: Arguments and judgment; full trial in Sessions Court can take one to three years depending on case complexity and court load.
• Post-judgment: Appeals lie before the High Court and, ultimately, the Supreme Court.

How Long Will the Investigation Take?

Under Section 193 BNSS, police are required to file a chargesheet within 60 days if the accused is in custody, or 90 days in cases involving serious offences. If the chargesheet isn't filed within this period and the accused is in custody, bail becomes available by default. For cases where the accused is not in custody, investigation timelines are less strictly enforced. A proactive advocate can nudge the process through court-supervised investigation directions. So the next step is always to keep the pressure on — through counsel, through the record, through every procedural tool available.

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.

Advocate Sudhir Rao

Facing a similar matter? Speak to a Delhi criminal defence lawyer — 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.