# Ex Threatening Suicide? Legal Remedies in India > Facing suicide threats and harassment from an ex? Learn criminal remedies under BNS, preventive BNSS action, and Mental Healthcare Act options in India. Source: https://sudhirrao.com/insights/ex-threatening-suicide-legal-remedies Author: Sudhir Rao — Advocate, Supreme Court of India Category: Criminal Published: 2026-08-17 --- #### 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. **If an FIR names you, the first practical step is usually anticipatory bail, not walking into a police station unprepared.** My client learned this only after the police turned up at his office. We had to move fast, and the difference between protection and arrest came down to what we filed that evening. Two weeks earlier, a business partner had threatened to file a complaint. My client did not take the threat seriously. The dispute was over money and a broken partnership, and he assumed it would stay civil. It did not. ![Anticipatory bail application and FIR copy on a lawyer's desk](/img/anticipatory-bail-india.jpg) ## How does anticipatory bail work under Indian law? Anticipatory bail is a protection order. It says that if the police arrest you in a specific case, you must be released on bail immediately, usually on conditions set by the court. It does not stop the investigation. It does not quash the FIR. It does not make the case disappear. You apply to the Sessions Court or the High Court. The court looks at the nature of the offence, your past record, the likelihood of you fleeing, and whether your custody is needed for investigation. If the court is satisfied, it can grant protection for a limited period or until the trial ends. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the Code of Criminal Procedure, the procedure remains broadly similar. The police can still call you for questioning. You must cooperate. If you break a condition, the prosecution can ask the court to cancel the protection. ## Key facts to remember - An FIR in a cognizable offence can lead to arrest without a warrant. - Anticipatory bail protects you from arrest while the police investigate. - You must usually file it before arrest. After arrest, the remedy is regular bail, not anticipatory bail. - The court can impose conditions such as appearing at the police station, not leaving India without permission, or not contacting witnesses. - Interim protection can sometimes be granted the same day, with the full hearing a few days later. ## What should you do if an FIR names you? First, get a copy of the FIR or the complaint. If the police have not given it to you, ask a lawyer to get it from the court record. You need to know the exact sections and the allegations. A vague “there is a case against you” is not enough to plan a defence. Second, do not go to the police station alone. If the officer has sent a written notice for questioning, you may have to appear, but take a lawyer with you. If you suspect arrest is likely, apply for anticipatory bail first. Third, preserve everything: messages, emails, bank statements, partnership deeds, anything that shows the complaint is false or exaggerated. Courts take documentary evidence seriously in anticipatory bail hearings. ## Frequently Asked Questions ### Can I get anticipatory bail if the FIR has already been filed? Yes. The filing of an FIR does not bar you from applying for anticipatory bail. The real bar is arrest. Once you are arrested, anticipatory bail is no longer the right remedy. ### Is anticipatory bail available for all offences? No. It is relevant mainly for non-bailable offences where arrest is possible. In bailable offences, you can get regular bail as a matter of right. Some special laws also restrict anticipatory bail. ### What happens if the court rejects my anticipatory bail? You may briefly go into custody, but you can then apply for regular bail before the magistrate or sessions court. You can also challenge the rejection in a higher court. Each case turns on its facts. ### Can the police still call me for questioning if I have anticipatory bail? Yes. Anticipatory bail does not block investigation. The court usually requires you to appear before the investigating officer when called. Not appearing can lead to cancellation of the protection. If you have an FIR, a police notice, or a complaint, send a photograph of the first page, the date, and a two-line note about what happened. You can write to **me@sudhirrao.com** or use the [contact page](/contact-us). Keep the message brief; the details can come later. *This article is general information, not legal advice about your specific situation.* *Advocate Sudhir Rao, Supreme Court of India* --- _This is the AI-readable Markdown version of an article published by the Chambers of Sudhir Rao. It is general legal information, not legal advice. Canonical page: https://sudhirrao.com/insights/ex-threatening-suicide-legal-remedies_