False Sexual Harassment Allegations and Death Threats by Ex-Partner: 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 software professional working in Pune, had been in a live-in relationship for nearly two years. After the relationship ended in early March 2025, his ex-partner began spreading serious false allegations against him — claiming he had touched her inappropriately without consent on one occasion when she had consumed alcohol. The allegations spread quickly through mutual friends and social media contacts. Within days, a group of men, allegedly mobilised by the ex-partner, began sending threatening messages to Rohan, warning of physical harm if he tried to "defend himself."

Desperate, Rohan reached out to the woman's father in Nagpur, hoping the family could intervene. The father's response was cold: any further contact would result in a criminal complaint being filed against Rohan. By mid-March 2025, Rohan was facing mounting psychological distress, damaged professional relationships, and real fear for his safety. A family friend had advised him to "wait it out," and an initial consultation with a general civil lawyer yielded no concrete plan of action.

That's when Rohan approached Advocate Sudhir Rao's office. The matter was assessed carefully — the threats, the false accusations, the documented messages, and the psychological pressure being applied collectively amounted to criminal intimidation and defamation. A structured legal response was prepared: a formal complaint to the police establishing the threatening conduct, preservation of all digital evidence, and a pre-emptive application for anticipatory bail to guard against any false FIR. The approach, grounded in domain-specific experience with cases involving false allegations and criminal intimidation, gave Rohan a concrete path forward where earlier efforts had offered none.

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.

Preserve all evidence immediately. Don't delete a single message, screenshot, or voicemail. Save threatening messages with timestamps, back them up on cloud storage, and if possible have them independently verified by a notary or cyber forensics professional. Courts do give weight to contemporaneous digital evidence, but only if it's properly preserved. And here's the thing — sloppy evidence handling has sunk otherwise strong cases, more often than I'd like to say.

Do not engage with the threatening parties directly. Any response, even a defensive one, can be twisted and used against you. Let your advocate handle all communication. Silence, in this context, is a legal asset.

Domain-specific experience matters here. Cases involving false sexual harassment allegations combined with criminal threats sit at the intersection of criminal defamation law, women's protection statutes, and criminal intimidation provisions. Procedural missteps — filing the wrong application first, or approaching the wrong jurisdictional authority — can cost precious time. Now, before you act, find an advocate who regularly handles such mixed-threat matters. They'll know exactly which sequences to follow.

Applicable Sections of Law

• Section 351 BNS (Criminal Intimidation): Covers threats to cause injury to a person or their reputation. Sending men to threaten an individual squarely falls within this provision.
• Section 356 BNS (Defamation): Publishing or circulating false statements damaging a person's reputation — including spreading false sexual misconduct allegations — is punishable under this section.
• Section 74 BNS (Assault or Criminal Force to Woman with Intent to Outrage Modesty): Relevant if any false allegation is backed by a complaint; also relevant to understand the exact allegation being made and how to counter it.
• Section 308 BNS (Extortion): Where threats are accompanied by demands — whether financial or otherwise — extortion provisions may apply.
• Section 173 BNSS (FIR and Investigation): Governs the procedure for filing a complaint and directing police investigation, relevant both for the victim filing a complaint and for understanding the procedural rights of the accused.

Punishment and Penalties

• Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. If threat is to cause death or grievous hurt: imprisonment up to seven years.
• Section 356 BNS (Defamation): Simple imprisonment up to two years, or fine, or both. Non-cognizable and bailable offence.
• Section 308 BNS (Extortion): Imprisonment up to three years, or fine, or both. Cognizable and non-bailable.
• Nature of offences: Criminal intimidation is cognizable; defamation is non-cognizable. The mixed nature of the offences in such cases means police jurisdiction and procedure will vary — making it essential to approach the right authority with the right application.

Jurisdiction — Where to File the Case

For offences under Section 351 BNS (criminal intimidation), the complaint must be filed at the police station within whose territorial jurisdiction the threat was received or communicated. In cases involving digital threats sent over phone or messaging apps, jurisdiction can be established at the place where the recipient received the message — as affirmed in Sujata v. State of Maharashtra, 2019. For defamation under Section 356 BNS, a private complaint before the Judicial Magistrate First Class (JMFC) is the appropriate route. If anticipatory bail is required, the Sessions Court of the concerned district has jurisdiction. Frankly, territorial jurisdiction must be verified carefully before filing anything. A complaint filed at the wrong station or court is a time-wasting procedural error, and it's an entirely avoidable one.

What if Police Refuse to File FIR?

• File a written complaint to the Superintendent of Police under Section 173(4) BNSS, clearly setting out the facts and attaching all evidence.
• If the SP fails to act, file a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• Approach the High Court under Article 226 of the Constitution seeking a writ of mandamus directing the police to register and investigate the complaint — as upheld in Lalita Kumari v. Government of Uttar Pradesh, 2014 (Supreme Court), where the Court held that registration of FIR is mandatory for cognizable offences.
• Document every attempt to approach the police — dates, names of officers, and their verbal responses. This record strengthens any subsequent application before a Magistrate or High Court.

Rights of the Accused

• Right against self-incrimination (Article 20(3), Constitution of India): You cannot be compelled to be a witness against yourself. Do not make any statements to the police without your advocate present.
• Right to legal representation (Article 22, Constitution of India): You have an absolute right to consult and be defended by an advocate of your choice from the moment of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest: Guaranteed under Article 22(2) and Section 57 BNSS. Any detention beyond 24 hours without Magistrate's order is unlawful.
• Right to know grounds of arrest: The arresting officer must inform you of the grounds for arrest as required under Section 47 BNSS.
• Right to a copy of the FIR: Under Section 173(2) BNSS, a copy of the FIR must be provided to the accused free of cost.

Bail Provisions

Criminal intimidation under Section 351 BNS, where the threat involves death or grievous hurt, is non-bailable. Where the false complaint triggers a non-bailable arrest, anticipatory bail under Section 482 BNSS before the Sessions Court becomes the immediate priority. The application must demonstrate that the accusation is false, motivated by personal vendetta, and that the applicant poses no flight or evidence-tampering risk. Regular bail under Section 480 BNSS applies post-arrest. And here's why precedent matters in these situations: in cases where allegations appear retaliatory, courts have in several instances granted anticipatory bail with conditions such as cooperation with investigation and not approaching the complainant, as seen in Arnesh Kumar v. State of Bihar, 2014, where the Supreme Court cautioned against mechanical arrests in such matters.

Quashing of FIR / Case

False FIR registered against you? The High Court holds inherent powers to quash such proceedings under Section 528 BNSS. Grounds for quashing include: the FIR on its face does not disclose any cognizable offence, the allegations are demonstrably false and motivated, or the entire complaint is an abuse of the legal process to settle a personal score. Make no mistake, this isn't a rarely-used provision. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down detailed categories of cases fit for quashing — personal vendetta cases are expressly included. This remedy, when pursued with strong documented evidence, can bring significant and timely relief.

If You Are the Victim

• File a complaint at the nearest police station under Section 351 BNS (criminal intimidation) for the threats received from the group of men. Attach all screenshots, call recordings, and message logs as annexures.
• Apply for anticipatory bail before the Sessions Court immediately — do not wait for an FIR to be filed against you. Proactive action here is critical.
• Approach the Judicial Magistrate with a private defamation complaint under Section 356 BNS for the false allegations being circulated publicly.
• Seek a restraining or protection order from the civil court if physical threat to person is continuous and documented. Courts in India have granted such reliefs in analogous situations.
• Do not post anything on social media about the dispute. It will be used against you in court, regardless of how factually accurate your post may be.

Documents You Must Keep Ready

• Aadhaar card, PAN card (identity proof)
• All threatening messages, with timestamps — screenshots saved in original format
• Call recordings or voicemails from individuals delivering threats
• Any written communications (emails, WhatsApp, Instagram DMs) from the ex-partner referencing allegations
• Evidence of the live-in relationship (shared tenancy agreement, utility bills in both names, hotel bookings, photographs)
• Medical records if any physical assault or attempt occurred
• Witness details — names and contact information of individuals who are aware of the threats
• Correspondence with the complainant's father (SMS, call logs) where threats of false case were made

What Evidence Is Required?

• Digital evidence (primary): Screenshots of threatening messages with metadata, WhatsApp chats, call logs showing dates and durations — all preserved and, where possible, certified by a cyber forensics professional.
• Audio/video recordings (primary): Call recordings of threatening conversations are admissible as electronic evidence under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), subject to proper certification.
• Witness testimony (secondary): Friends, colleagues, or neighbours who witnessed the threats or the intimidatory behaviour.
• Documentary proof of relationship history: Lease agreements, bills, travel records — to establish context and refute false versions of events.
• Medical evidence: If any physical harm was caused by the threatening group, a medico-legal certificate from a government hospital should be obtained immediately.
• Social media posts: Screenshots of defamatory posts circulating false allegations, with URLs and timestamps.

How the Police Behave in Such Cases

Make no mistake — police handling of cases involving allegations of sexual misconduct and counter-complaints of false allegations can be inconsistent. Officers may be reluctant to register a complaint from a male complainant against a female, especially where sexual harassment allegations, even false ones, are already floating. Some stations will ask you to "settle the matter" informally. Others may register a non-cognizable report rather than a full FIR. Delays at this stage directly affect evidence preservation and legal timelines. And here's the thing — persistence, a well-drafted written complaint, and clear documentation of the offences under BNS are typically what moves the police to act. Don't go in empty-handed.

Timeline of Legal Process

• Week 1-2: Consultation with advocate; preservation and certification of digital evidence; drafting and filing police complaint under Section 351 BNS.
• Week 2-3: Application for anticipatory bail before Sessions Court (if FIR threat is imminent); filing private complaint for defamation before JMFC.
• Month 1-2: Police investigation into criminal intimidation complaint; Magistrate takes cognizance of defamation complaint; bail order received.
• Month 2-4: Chargesheet filed by police (if investigation proceeds); framing of charges by Magistrate.
• Month 4-12: Trial proceedings — evidence recording, examination and cross-examination of witnesses.
• Month 12-18: Arguments and judgment at trial court level.
• If FIR quashing sought: High Court petition under Section 528 BNSS — typically heard within 2 to 6 months depending on High Court backlog.

How Long Will the Investigation Take?

For cognizable offences like criminal intimidation (with death threat), police are required to complete investigation and

Advocate Sudhir Rao, Supreme Court of India