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: A family member repeatedly threatening suicide to control others is a serious offence. Document everything, file a police complaint, and secure protection under the Domestic Violence Act. Proactive evidence collection shields you from false allegations of abetment if the worst happens.
Priya Sharma, a 23-year-old college student from Indore, and her mother Sunita had endured over two decades of alcoholism and daily verbal abuse from her father Rajendra. He was unpredictable. He’d start arguments over trivial matters, demand unquestioning obedience, and when challenged, scream threats of self-harm. It felt like living inside a pressure cooker with no valve.
At first, they tried reasoning. They tried pleading. Nothing worked. A local mediator attempted to intervene, but Rajendra refused all calls. The family’s anxiety spiked each time he threatened suicide — was it manipulation or would he actually do it? And what if he did? Could Priya and her mother be hauled into a police station on abetment charges? The fear paralysed them.
Priya sought help from a Mahila Suraksha Kendra in Indore. The counsellors there urged the family to involve the police, but the Sharmas were terrified of escalating things without legal cover. That’s when they approached the Chamber of Advocate Sudhir Rao. His office had handled several cases where suicide threats were weaponised in domestic settings. The strategic game plan was clear: gather evidence, create a contemporaneous record, and move for protection orders under the Protection of Women from Domestic Violence Act, 2005, while simultaneously lodging a preventive complaint with the police. Advocate Sudhir Rao’s expertise in these nuanced familial criminal and civil overlaps ensured that the family walked into the police station not as potential accused, but as complainants armed with a diary, audio recordings, and a precise application. Rajendra was summoned, sternly warned, and a protection order was passed. For the first time in years, the house felt less like a trap.
Now, before you dismiss this as just another counselling story, understand this — the legal system offers concrete tools for exactly this nightmare.
Key Facts of the Case
- Father Rajendra Sharma, long-term alcoholic, regularly threatened suicide to dominate his wife and adult daughter.
- Threats escalated throughout late 2024, causing constant fear of self-harm and false implications.
- The family first approached a Mahila Suraksha Kendra in Indore, but Rajendra refused counselling.
- No prior formal complaints were filed due to fear of legal backlash.
- They consulted Advocate Sudhir Rao’s office, which charted a dual strategy: civil protection orders and a preventive criminal complaint.
- Evidence — a daily log, voice recordings, and neighbour testimonies — was methodically compiled before approaching the police.
- Police issued a warning under Section 168 BNSS and a protection order was secured under the Domestic Violence Act.
- The strategy insulated the mother and daughter from any potential allegation of abetment of suicide under Section 106 BNS.
The Direct Legal Answer
If he actually commits suicide, can we be held responsible?
Not if you’ve taken proper precautions. Abetment of suicide under Section 106 of the Bharatiya Nyaya Sanhita, 2023 requires proof of direct instigation or intentional aiding. Mere family discord or verbal disagreements won’t suffice. However, false cases are a real risk. That’s why you must document each threat, inform local police proactively, and show you never ignored his mental state. Courts have consistently held that a person cannot be convicted for abetment simply because they didn’t succumb to emotional blackmail. Your contemporaneous records become your shield.
What should we do before involving the police?
Start a detailed diary. Note date, time, what he said, what triggered it, and who was present. Secure voice recordings if safe. Speak to a lawyer first — domain-specific experience matters hugely here because you’re balancing criminal exposure with protective civil remedies. A good advocate will help you draft a police complaint that frames the facts correctly. Never walk into a station unprepared.
How should we respond each time he threatens suicide?
Do not react with anger or panic. Calmly tell him that his threat is being recorded and that you’ll be informing the authorities so he gets help. Then follow through. Inform the local police control room or the women’s helpline. Consistent, documented reporting converts you from a potential suspect into a responsible complainant.
What evidence should we start collecting now?
Audio recordings, WhatsApp messages, a written incident log, medical records if he has a history of psychiatric issues, and neighbour statements. Also preserve any earlier complaints to relatives or counselling centres. Make backup copies. And here’s the thing — don’t wait for a crisis. The moment a pattern emerges, start saving. It’s harder for false allegations to stick when you have a paper trail.
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.
An advocate who regularly deals with domestic violence and criminal intimidation matters knows exactly how to frame your complaint so that police take it seriously without treating you as provocateurs. General practitioners often miss the delicate balance between asserting your rights and avoiding counter-allegations.
Also, do not engage with an abuser alone during a crisis. Have a witness. And if you’re financially dependent, apply for monetary relief under Section 20 of the Domestic Violence Act concurrently with the protection order. This dual track approach — criminal warning plus civil economic support — often brings immediate relief.
And one more hard truth: alcohol-fuelled threats are dangerous. Get a residence order under Section 19 of the DV Act if you need him removed from the shared household. It’s drastic but sometimes the only safe option.
Applicable Sections of Law
- Section 106 BNS — Abetment of suicide: penalises anyone who abets the commission of suicide, with imprisonment up to ten years and fine.
- Section 351 BNS — Criminal intimidation: threats to cause death or grievous hurt. Punishable with imprisonment up to seven years if threat is to cause death.
- Protection of Women from Domestic Violence Act, 2005 — Sections 18 (protection orders), 19 (residence orders), 20 (monetary relief), and 22 (compensation).
- Section 168 BNSS — Preventive action by police when they receive information of a design to commit a cognizable offence; can require the person to show cause.
Punishment and Penalties
Abetment of suicide under Section 106 BNS: imprisonment of up to ten years, and fine. Criminal intimidation under Section 351 BNS: if threat is to cause death, imprisonment up to seven years, or fine, or both. Both offences are cognizable and non-bailable. They are also non-compoundable — meaning the parties cannot simply settle the matter privately once an FIR is registered. This is why early legal strategy is critical: you don’t want to be on the receiving end of such charges unprepared.
Jurisdiction — Where to File the Case
The complaint can be lodged at the local police station where the threats occurred or where the family resides. For domestic violence, the complaint lies before the judicial magistrate of the first class (the area where the aggrieved person resides). Jurisdiction matters because filing in the wrong place causes delays. A police station with a women’s help desk or a designated officer is better equipped to handle such sensitive matters swiftly.
What if Police Refuse to File FIR?
If the police station refuses to register an FIR for criminal intimidation or threats, you have sharp remedies. Approach the Superintendent of Police under Section 173(4) BNSS — she can direct an investigation. Alternatively, file a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order the police to investigate. As a last resort, a writ petition in the High Court can compel registration. But here’s the key: keep a written record of your attempt to file the FIR. Even a refusal becomes part of your evidence that you tried.
Rights of the Accused
This cuts both ways. If you’re ever made an accused in an abetment case, remember these rights:
- Right to remain silent — Article 20(3) protects against self-incrimination.
- Right to legal representation — you must be allowed a lawyer during interrogation.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR immediately and free of cost.
- Right to know the grounds of arrest.
Building your evidence now ensures you’re never the one sitting on the accused’s chair.
Bail Provisions
Abetment of suicide under Section 106 BNS is non-bailable. If an FIR names you, securing bail becomes urgent. Anticipatory bail under Section 482 BNSS can be sought before arrest. Courts typically impose conditions like passport surrender, cooperation with investigation, and no contact with witnesses. Advocate Sudhir Rao’s office often moves anticipatory bail applications in parallel with the quashing petition when a false case is filed, ensuring the accused doesn’t spend even a day in custody.
Quashing of FIR / Case
The High Court under Section 528 BNSS can quash an FIR if it lacks a prima facie case. A suicide threat made by the father historically, with no instigation from the family members, is unlikely to meet the standard of abetment. A well-drafted quashing petition, backed by your documentation, can stop the entire proceeding. This strategy is viable early on, before the investigation reaches a chargesheet.
If You Are the Victim
- Never delete messages or call logs — they’re primary evidence.
- Inform a trusted neighbour or relative about the threat immediately after it happens.
- Contact the National Commission for Women helpline (or state women’s commission) for immediate intervention.
- If physical danger is imminent, call 112 and move to a safer place — don’t wait for the legal process to catch up.
- Seek psychological counselling; it also serves as medico-legal documentation of the trauma.
Documents You Must Keep Ready
- ID proof: Aadhaar, PAN cards of all family members.
- Proof of residence: ration card or electricity bill.
- Written incident diary with dates, times, exact words used.
- Audio/video recordings securely stored in multiple locations.
- Medical and counselling records if anyone has sought mental health help.
- Any prior complaints filed to police or helplines.
- Statements of independent witnesses — neighbours, relatives.
- Photographs of visible injuries or property damage, if any.
What Evidence Is Required?
- Primary evidence: Original audio clips, witness testimonies, your contemporaneous diary.
- Secondary evidence: Photocopies of complaint acknowledgments, call detail records, social media screenshots.
- Expert evidence: Psychiatric or de-addiction assessments, if available, to establish his mental state.
- Real evidence: Objects like liquor bottles or any threatening letter.
- Circumstantial evidence: Pattern of behaviour shown through multiple entries proves systematic control, not just one-off fights.
Courts give weight to consistent documentation over isolated incidents. A diary entry on 15 August 2024, a police intimation on 3 November 2024, a protection order filed in January 2025 — this timeline tells a story no cross-examination can easily dismantle.
How the Police Behave in Such Cases
Police stations often initially treat domestic suicide threats as “private family matters.” They may try to mediate or dismiss the complaint altogether. That’s why you need a lawyer-drafted complaint citing specific sections — it forces the officer to register an FIR or at least make a Daily Diary entry. When a protection order from the court is already in hand, police become more cooperative, because defying a court order puts them in trouble. Make no mistake, persistence pays off here.
Timeline of Legal Process
- Complaint & DD Entry: 1 day — police must record the information.
- DV Act application: 1-2 weeks for the protection order hearing; interim orders often passed on the first day.
- Police warning (Section 168 BNSS): Immediate if the threat is reported to the SHO.
- Investigation (if FIR for intimidation): 60-90 days for chargesheet filing.
- Cognizance & trial: 6-12 months for framing of charges, then trial may take 1-2 years.
- Appeal: 6 months to 1 year in Sessions Court.
The civil protection route is faster and buys you time while criminal proceedings move slowly.
How Long Will the Investigation Take?
For criminal intimidation under Section 351 BNS, investigation rarely takes more than two months. The police will record statements and, if the evidence is clear, file a chargesheet. Abetment investigations take longer because they require forensic and psychiatric records. Expect 90 days in such sensitive matters before a closure report or chargesheet emerges.
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?
Domestic violence protection orders can’t really be “settled” — they’re designed to safeguard, not punish. However, a criminal intimidation FIR under Section 351 BNS is compoundable with the permission of the court, meaning the parties can agree to drop the case if the father genuinely reforms and enters de-addiction. Mediation at the Mahila Suraksha Kendra or a referral to a family counselling centre is often the first step. If the abuser acknowledges the problem and seeks help, resolution without trial is possible. But be cautious: a premature settlement without structural change in behaviour often backfires.
Common Mistakes People Make
- Assuming suicide threats are just drama — they are evidence of grave emotional and legal risk.
- Not documenting contemporaneously, then scrambling for evidence later.
- Approaching the police without legal backing — you might get talked out of filing a complaint.
- Hiring an advocate who doesn’t handle domestic abuse and criminal intimidation regularly; the procedural interplay between DV Act and BNSS is easily mishandled by generalists.
- Deleting messages or recordings in moments of reconciliation — keep everything, even the apologies.
- Delaying the protection order application, thinking things will improve on their own.
FAQs People Normally Have
Can I record my father’s suicide threats without his knowledge?
Yes. Telephone conversations and in-person recordings made without consent are admissible in Indian courts, especially when they serve as evidence of crime. The right to privacy doesn’t shield criminal threats.
What if my father files a false domestic violence case against us?
A man cannot file under the DV Act; but he can lodge a general complaint. Your documentation will demonstrate that you are the victims, not aggressors. Counter-allegations are common but rarely succeed when you have a consistent record.
Will filing a police complaint brand my father as a criminal?
Not necessarily. Section 168 BNSS proceedings are preventive, not punitive — they involve a warning and a bond to keep peace. A full FIR under Section 351 BNS is serious, but it also forces accountability and can get him the psychiatric help he needs.
Do we have to leave our house to feel safe?
No. Under Section 19 of the DV Act, the court can order the removal of the abusive person from the shared household, allowing you to stay. It’s a powerful remedy.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India