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 an ex-partner threatens to hack your accounts or track your location using the dark web, it is a serious cybercrime and criminal intimidation. You can file an FIR at the nearest police station or file a cybercrime complaint online. Do not negotiate; instead, preserve evidence and approach a police cyber cell immediately.
Meera Patel, a young professional from Indore, met a man named Arjun Mehta on Instagram. They began a long-distance relationship, but soon Arjun turned controlling. Each time Meera tried to break up, he would cry and convince her to stay. Finally, she resolved to end things for good.
That's when things turned ugly. Arjun began threatening her: if she left him, he would hack her social media accounts and use the dark web to find her exact location. To prove his point, he sent her a screenshot of what looked like a hacking tool running on his computer. Terrified, Meera approached the office of Advocate Sudhir Rao after an initial consultation with a general lawyer yielded no clear direction.
Advocate Sudhir Rao and his office immediately identified the threats as criminal intimidation and a cybercrime offence. A complaint was drafted with all preserved evidence — screenshots, chat logs, and the tools image. The police cyber cell in Indore took the matter seriously, and an FIR was registered under relevant law. The specialised handling of digital evidence ensured a swift response. Advocate Rao's expertise in cyber and criminal law helped secure immediate protection for Meera, including a directive to the accused to cease all electronic communication. Within weeks, the accused stopped all harassment.
Key Facts of the Case
- The victim, Meera Patel, was in a long-distance relationship with the accused, Arjun Mehta, who became controlling and manipulative.
- Meera attempted to break up multiple times; each time the accused cried and convinced her to stay.
- When she finally left, the accused threatened to hack her accounts and trace her location via the dark web.
- He sent a screenshot of what appeared to be a hacking tool, which was preserved as evidence.
- Meera initially consulted a general lawyer who could not clearly advise her on cybercrime and criminal intimidation remedies.
- The office of Advocate Sudhir Rao drafted a detailed complaint preserving all digital evidence, including chat logs and the screenshot.
- The police cyber cell in Indore accepted the FIR and issued a directive to the accused to cease all harassment.
- The matter was resolved favourably, with the accused stopping contact entirely after the legal action.
The Direct Legal Answer
Here's what you need to know about threats to hack your accounts and trace your location after a breakup.
Is threatening to "hack" my accounts a crime in India?
Yes. Threatening to hack your accounts or trace your location using the dark web constitutes criminal intimidation under Section 351(2) of the Bharatiya Nyaya Sanhita (BNS) 2023 and likely an offence of stalking under Section 73 BNS. Additionally, the threat itself — even if no hacking is actually attempted — is enough to file a police complaint.
What if the hacker only showed a screenshot of a tool?
The screenshot — even if it's a fake — is evidence of the threat. It shows intention and constitutes criminal intimidation. The police do not need to prove actual hacking; the threat is enough to initiate a case.
Can I file a complaint online?
Absolutely. You can file a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) for cyber harassment and stalking. Alternatively, go to your nearest police station with all evidence, including chat logs, screenshots, and call recordings.
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.
You must also change all your passwords across every account — email, social media, banking, and OTT platforms. Enable two-factor authentication. Do not respond to the ex's threats; block the person everywhere. This type of cyber threat often involves intricate evidence preservation — domain-specific legal experience matters a great deal here. A general practitioner may not fully understand how to treat digital evidence, preserve metadata, or interact with cyber police cells effectively. Engaging an advocate who regularly handles cybercrime cases can make the process smoother and the outcome faster.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS) 2023:
- Section 351(2) BNS — Criminal intimidation: Threatening to hack accounts or trace location to cause alarm or force the victim into action.
- Section 73 BNS — Stalking: Repeatedly following, contacting, or attempting to contact a person despite clear disinterest, including monitoring electronic communication.
- Section 318(4) BNS — Voyeurism: If the accused threatens to access private photos or videos unlawfully.
- Section 66 IT Act, 2000 (read with Section 79A IT Act) — Dishonestly accessing a computer resource or hacking with intent to cause harm.
Punishment and Penalties
- Criminal intimidation (Section 351 BNS): Punishable with imprisonment up to 2 years, or fine, or both. If threat is to cause death or grievous hurt, imprisonment up to 7 years.
- Stalking (Section 73 BNS): Imprisonment up to 3 years for first offence; up to 5 years for subsequent conviction, along with fine.
- Hacking (Section 66 IT Act): Imprisonment up to 3 years and/or fine up to Rs. 5 lakh.
- Cognizable/Bailable: Under Section 73 BNS, stalking is cognizable and bailable. Criminal intimidation under Section 351 may be non-cognizable depending on the threat level; consult your lawyer for classification.
- Compoundable: These offences are generally not compoundable (cannot be settled privately) once charge-sheeted, though minor versions may be.
Jurisdiction — Where to File the Case
For cybercrime threats, file a complaint at the police station within whose territorial jurisdiction the victim received the threat or resides. Alternatively, file on the National Cyber Crime Reporting Portal. For criminal intimidation and stalking under BNS, the Magistrate Court (Judicial Magistrate First Class) has jurisdiction. For high-value cyber fraud, the Sessions Court may also have jurisdiction. Pecuniary and territorial jurisdiction matters because the police must investigate where the offence occurred or where the accused can be accessed. Victims are encouraged to file in the city where they reside for convenience.
What if Police Refuse to File FIR?
Don't panic. If the police refuse to register your FIR for threats of hacking or stalking, you have these actionable options:
- Approach the Superintendent of Police (SP) or Deputy Commissioner of Police under Section 173(4) BNSS to issue a direction to register the FIR.
- File a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS.
- As a last resort, file a writ petition in the High Court seeking directions to the police to act.
- Also, file an online complaint on the National Cyber Crime Portal if the police refuse to take offline action.
Rights of the Accused
Even in such cases, the accused has legal rights. Here's what they are:
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to legal representation under Article 22(1).
- Right to be produced before a Magistrate within 24 hours of arrest (Section 61 BNSS).
- Right to receive a copy of the FIR and know the grounds of arrest.
- Right to seek bail under the provisions of BNSS (bailable or regular bail).
Bail Provisions
Bail in such cyber harassment cases depends on the specific sections invoked. Under Section 351 BNS (criminal intimidation), it is generally bailable — meaning the accused can secure bail from the police station itself or from the Magistrate. However, if stalking under Section 73 BNS is invoked, it is also bailable but the police may oppose bail for repeated or high-threat offenders. For anticipatory bail (pre-arrest bail), the accused can approach the Sessions Court or High Court under Section 482 BNSS. The lawyer must argue that the accused will cooperate and not tamper with electronic evidence. Regular bail under Section 480/483 BNSS is sought after arrest. Bail conditions typically include surrendering the phone or laptop and not contacting the victim.
Quashing of FIR / Case
Quashing of an FIR for such threats is difficult unless the complaint is wholly baseless or malicious. Under Section 528 BNSS, the High Court can quash an FIR if no prima facie offence is made out, or if the case is an abuse of process of law. However, when a credible threat to hack exists, the courts rarely quash. Quashing is a viable strategy only if the accused can prove the victim fabricated evidence or the screenshot was harmless. In genuine cases like Meera's, quashing is unlikely because the threat and evidence exist.
If You Are the Victim
Here's what you must do immediately:
- Do not respond to the threats. Block the ex on all platforms.
- Take screenshots of all threatening messages, calls, and the hacking tool image.
- Change all passwords — email, social media, banking — and enable two-factor authentication.
- File a complaint at your nearest police station or online on the National Cyber Crime Portal.
- Approach a lawyer who specialises in cybercrime and criminal law — domain experience matters for digital evidence handling and police coordination.
Documents You Must Keep Ready
- Identity proof (Aadhaar card, PAN, or passport)
- Screenshots of the threatening messages and tool image
- Call recordings (if legally recorded, with disclosure)
- Chat logs from Instagram, WhatsApp, or other platforms
- Proof of relationship (photos, shared messages) if needed to establish context
- Bank/email statements showing any attempt to access accounts
- Any prior complaints or police diary entries
- Address proof for jurisdiction purposes
What Evidence Is Required?
- Primary evidence: Screenshots of the threat messages, including the hacking tool image.
- Primary evidence: Call recordings (only if legally permissible; inform the other party if required).
- Primary evidence: Authentication of chat logs via WhatsApp or Instagram metadata (date, time, IP).
- Primary evidence: Witness statements from friends who saw the threats.
- Secondary evidence: Backups of all messages on cloud or downloaded for court.
- Secondary evidence: Expert testimony from a cyber forensic analyst if needed to prove authenticity.
How the Police Behave in Such Cases
Police handling of cyber threats varies by station. In metro cities like Indore, cyber cells are generally responsive — they understand dark web threats and hacking tools. However, some stations may dismiss the threat as a "bluff" or "relationship issue". That's why preserving evidence is crucial. If the police refuse, escalate to the SP or use the online portal. Experienced lawyers know which stations are cyber-aware and can guide you to the right jurisdiction. Expect the police to record your statement, seize screenshots, and call the accused for questioning.
Timeline of Legal Process
- FIR Registration: Immediate — within 24 hours if you approach a cooperative station.
- Police Investigation: 30 to 90 days typically for cybercrime cases.
- Charge sheet filing: Within 60-90 days from arrest or from the date of FIR.
- Cognizance by Magistrate: 30 days after charge sheet.
- Trial (if accused contests): 6 months to 2 years depending on court backlog.
- Judgment: At conclusion of trial; appeals can take another 1-2 years.
How Long Will the Investigation Take?
In cyber threat cases, the police investigation typically takes 30 to 60 days from FIR registration. The police will examine the accused's phone, trace IP addresses, and verify the hacking tool screenshot. If the accused is in a different city, the investigation may take longer due to inter-state coordination.
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?
In criminal intimidation and cyber harassment cases, out-of-court settlement is generally not possible because these are non-compoundable offences (except minor versions). However, if the accused genuinely stops and apologises, the victim can file a compromise petition in court. The court may consider this while granting leniency. For cybercrime, the IT Act does not permit private settlement once a criminal case is filed. Mediation may be attempted only if both parties agree and the court permits, but this is rare. If you want the accused to stop without a full trial, a warning letter from a lawyer often works.
Common Mistakes People Make
- Engaging a lawyer who lacks domain expertise: Many general lawyers do not understand digital evidence preservation, metadata, or how to interact with cyber police cells. This can delay the case or weaken evidence. Always hire a lawyer who regularly handles cybercrime and criminal law matters.
- Responding to the threats: Arguing with the ex only gives them more ammunition. Block and preserve.
- Deleting evidence: Deleting messages or screenshots out of fear destroys your case.
- Failing to change passwords early: If the accused actually gained access, you may lose control of accounts.
- Posting on social media: Venting online can prejudice your case and alert the accused to your evidence.
- Signing anything without legal review: Do not agree to any "settlement" that waives your right to file a complaint.
FAQs People Normally Have
Can I file a case if the hacking tool screenshot is fake?
Yes. The threat itself — not the reality of hacking — constitutes criminal intimidation. A fake screenshot is still evidence of the threat. Do not let that stop you.
Do I need a lawyer to file an FIR?
No. You can file an FIR yourself at the police station or online. However, a lawyer experienced in cybercrime ensures proper evidence preservation, correct section drafting, and faster police action. It's strongly recommended.
What if the ex lives in another city?
You can file an FIR at the police station in your city (where you received the threat). The police will coordinate with the accused's city police to investigate. Jurisdiction follows the victim's location for cybercrime.
Will the police take a screenshot as serious evidence?
Yes, especially if it shows a dark web reference or hacking tool. Many cyber cells in metro cities are trained to treat such evidence seriously. It may be sent for forensic analysis to verify authenticity.
Can I get a protection order from court?
Yes. You can file a complaint for criminal intimidation and stalking. If the court finds a credible threat, it can issue a restraining order prohibiting the accused from contacting you. This is done through a criminal case or a separate application under the Protection of Women from Domestic Violence Act, 2005 (if applicable).
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.