Ex-Partner Threatening Suicide and Extorting Money Repeatedly — Legal Remedies Under Indian Law

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, a married software professional based in Pune, had been quietly dealing with a deeply uncomfortable situation for over two years. His former girlfriend, with whom he had parted ways long before his marriage, began resurfacing intermittently — first around late January 2023, then again in July 2023, and most aggressively from around March 2024 onward. Each time, the pattern was identical. She would message him from a new phone number or a fresh social media account, claim a family emergency (a hospitalised parent, a lost job, an eviction), and request amounts ranging from Rs. 2,000 to Rs. 8,000. Rohan, acting in good faith initially, transferred money through Paytm. The amounts were never returned.

When Rohan asked for repayment, the tone shifted immediately. She threatened to write his name in a suicide note, accusing him of ruining her life. He'd blocked her across platforms multiple times, but she kept returning with new accounts. Rohan tried approaching a local general practitioner advocate who sent a cease-and-desist letter. It had no effect. Frustrated and genuinely worried about the threat being misused against him, Rohan reached out to Advocate Sudhir Rao in early April 2024.

The approach taken was systematic. All transaction records, chat screenshots, and call logs were compiled and preserved. A formal police complaint was filed citing specific provisions under the Bharatiya Nyaya Sanhita, including criminal intimidation and extortion. The police, after initial reluctance, were compelled to act following a representation. Threats stopped almost immediately after the accused was formally summoned. Rohan's situation stabilised, and he hasn't been contacted since. The structured, domain-specific handling made a decisive difference where a general letter simply hadn't.

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.

Do not engage directly: Stop responding to the threats personally. Every reply you send can be taken out of context and used against you. Let your advocate handle all communication from this point.

Preserve all evidence immediately: Screenshot every message, note every phone number, and save every transaction receipt. Don't delete anything — even messages that embarrass you. Evidence gathered early is far stronger than evidence gathered after the fact.

File a police complaint without delay: Waiting gives the other party time to build a counter-narrative. A timely complaint establishes your position first and protects you if the person makes a false complaint in retaliation.

This category of case sits at the intersection of criminal intimidation, extortion, and cyberstalking. Procedural timing, evidence packaging, and section selection matter enormously here. Advocates who regularly handle such matters understand how to frame a complaint so police can't easily dismiss it, and how to pre-empt retaliatory complaints. A general practitioner may not be fully familiar with these nuances. Frankly, that gap in familiarity is exactly what the other side counts on.

Applicable Sections of Law

This case is criminal in nature, governed by the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The following sections are directly applicable:

• Section 308 BNS (Extortion): Whoever intentionally puts a person in fear of injury to that person or another, and thereby dishonestly induces the person to deliver property, commits extortion. Repeated demands backed by threats fall squarely here.
• Section 351 BNS (Criminal Intimidation): Threatening another with injury to their person, reputation, or property to cause alarm or to compel them to act against their will is criminal intimidation.
• Section 223 BNS (Attempt to Abetment of Suicide by Threat): Where a person threatens to end their life and names another person with the intent to coerce, the threatening party may attract liability under abetment-related provisions.
• Section 77 of the Information Technology Act, 2000 read with Section 67A: Repeated online harassment through new accounts after being blocked may attract IT Act provisions on cyberstalking and persistent online harassment.

Now, before you assume this is just a civil dispute about unpaid money — it isn't. The combination of suicide threats, repeated contact after blocking, and coercive demands makes this a criminal matter from the start.

Punishment and Penalties

• Section 308 BNS (Extortion): Imprisonment up to three years, or fine, or both. If threat involves grievous hurt or death, punishment extends to ten years with fine.
• Section 351 BNS (Criminal Intimidation): 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.
• Nature of offences: Criminal intimidation under Section 351 BNS is cognizable and non-bailable. Extortion under Section 308 BNS is also cognizable, non-bailable, and non-compoundable in its aggravated forms.
• IT Act offences: Cyberstalking and online harassment attract imprisonment up to three years and fine under Section 77 read with related provisions of the IT Act.

Jurisdiction — Where to File the Case

For criminal intimidation and extortion, the complaint is filed at the police station having territorial jurisdiction over the area where the threats were received — in this type of case, typically the police station covering the victim's residence or workplace in the city where the messages were received. Since threats came through digital platforms (WhatsApp, Instagram), the cyber crime cell of the local police commissionerate also has jurisdiction. And here's the thing — if police refuse to register an FIR, the complaint can be taken directly to the Judicial Magistrate (First Class). Getting jurisdiction right from the outset matters, because a complaint filed in the wrong jurisdiction can be returned, wasting critical time.

What if Police Refuse to File FIR?

Police sometimes show reluctance in matters they perceive as "personal disputes." This doesn't mean you're out of options.

• Submit a written complaint to the Superintendent of Police (SP) or Commissioner of Police under Section 173(4) BNSS, requesting registration of FIR.
• File a private complaint directly before the Judicial Magistrate (First Class) under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• Approach the High Court by filing a writ petition under Article 226 of the Constitution seeking a direction to register the FIR — as affirmed by the Supreme Court in Lalita Kumari v. Government of UP, (2014) 2 SCC 1, where the Court held that registration of FIR is mandatory for cognizable offences.
• File a complaint with the Cyber Crime portal (cybercrime.gov.in) specifically for harassment through digital platforms.

Rights of the Accused

If the opposing party files a false or retaliatory complaint against you, you have the following rights:

• Right against self-incrimination: Under Article 20(3) of the Constitution, you cannot be compelled to be a witness against yourself. Exercise this right if questioned without counsel present.
• Right to legal representation: Article 22 guarantees you the right to consult an advocate of your choice before and during interrogation.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 57 BNSS.
• Right to a copy of the FIR and to know the specific grounds of arrest, as affirmed in D.K. Basu v. State of West Bengal, (1997) 1 SCC 416.
• Right to remain silent during police questioning — anything you say can be used against you.

Bail Provisions

Criminal intimidation under Section 351 BNS is non-bailable. Bail is at the court's discretion, not a right. Anticipatory bail under Section 482 BNSS can be sought from the Sessions Court or High Court if you apprehend arrest in a false retaliatory complaint. Regular bail, once arrested, can be sought under Section 480 BNSS (Sessions Court) or Section 483 BNSS (High Court). Typical bail conditions include surrendering travel documents, not contacting the complainant, and periodic reporting to the police station. Filing for anticipatory bail early, with a well-drafted application, is far more effective than scrambling after arrest — make no mistake about that.

Quashing of FIR / Case

Retaliatory FIRs happen. If the former partner files a false complaint against you, quashing is a viable remedy. The High Court exercises inherent powers under Section 528 BNSS to quash an FIR where no prima facie cognizable offence is made out, where the complaint is an abuse of the legal process, or where a compoundable offence has been settled. In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the Supreme Court laid down categories where quashing is appropriate, including where allegations do not constitute any offence even if taken at face value. An advocate experienced in this domain can assess quickly whether a quashing petition is the right move.

If You Are the Victim

• Stop all direct contact with the person immediately. Do not respond to threats, pleas, or any messages — even to say "stop messaging me."
• Document every incident in a personal diary with dates, times, platform used, and content of messages — this chronological record is valuable in court.
• Report every new account she creates to the respective platform (Instagram, WhatsApp, Facebook) for harassment and block it, keeping a screenshot before blocking.
• File a police complaint at your local cyber crime cell — repeated creation of accounts to contact a blocked person is a form of cyberstalking under IT Act provisions.
• Consider applying for a protection order or restraining order through the appropriate court if threats continue even after a police complaint.

Documents You Must Keep Ready

• Aadhaar card and PAN card (your identity proof)
• Screenshots of all threatening messages with timestamps visible
• Bank statements or Paytm/UPI transaction records showing money transfers made
• Call records showing incoming calls from the accused's various phone numbers
• A list of all phone numbers and social media account handles used to contact you
• Copies of any earlier complaints or communications made to police
• Emails or written communications if any were exchanged
• Marriage certificate (to establish your current marital status and rebut false claims)

What Evidence Is Required?

• Digital messages (primary evidence): WhatsApp chats, Instagram DMs, SMS — exported and ideally notarized. As held in Arjun Panditrao Khotkar v. Kailash Kushanrao Goratyal, (2020) 7 SCC 1, electronic evidence requires a Section 63 Indian Evidence Act certificate (now Section 57 BSA) for admissibility.
• UPI/bank transaction records: Paytm statements, HDFC/ICICI bank screenshots showing transfer history to the accused's number.
• Call detail records (CDR): Obtainable through police during investigation; shows persistent calls from multiple numbers.
• New account creation logs: Platform-reported harassment records from Instagram/WhatsApp as secondary evidence.
• Witness testimony: Family members or friends you may have confided in about these threats.
• Personal diary / incident log: Contemporaneous notes carry evidential weight as corroborative material.

How the Police Behave in Such Cases

Be prepared. Police often initially treat this as a "personal matter between two adults" and resist formal registration. They may suggest you settle it informally — especially when the amounts involved seem small. Don't get discouraged. Once you present a written complaint with documented evidence, screenshots, transaction records, and a clear chronology, the attitude tends to shift. Cyber crime cells are generally more receptive than general police stations for online harassment complaints. Frankly, walking in with a well-organised evidence file changes the conversation entirely. Persistence and a formal legal representation usually move things forward.

Timeline of Legal Process

• Week 1-2: File written complaint at local police station or cyber crime cell. Simultaneously, consult your advocate and preserve all evidence.
• Week 2-4: Police may call the accused for questioning (notice under Section 35 BNSS). This alone often stops the harassment.
• Month 1-3: FIR registered; investigation begins. Police collect CDR, digital evidence, and record statements.
• Month 3-6: Chargesheet filed before Magistrate if sufficient evidence found (typically within 60-90 days of arrest or as applicable).
• Month 6-12: Magistrate takes cognizance, summons issued, framing of charges.
• Year 1-3: Trial — examination and cross-examination of witnesses, evidence on record.
• Post-trial: Judgment, and if needed, appeal to Sessions Court or High Court.

Advocate Sudhir Rao, Supreme Court