How to Handle Threats of Suicide and False Implication in a Breakup: Legal Remedies

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: Threatening suicide to coerce someone into a relationship or to implicate them is a criminal offence. You can and should file a police complaint for criminal intimidation (Section 351 BNS) and attempt to abet suicide (Section 106 BNS). Preserve all evidence, report to the local police station, and seek anticipatory bail proactively to safeguard your liberty.

A young professional from Nagpur—call him Rohan Verma—was caught in a mess he never asked for. His childhood friend Vikram Joshi had ended a turbulent relationship with a woman named Sneha Patil in early 2024. She called Rohan, sobbing, begging for help to get Vikram back. Rohan, with good intentions, spent months counselling her through depression. But a year passed. Nothing changed. She remained fixated, refusing to move on. So Rohan decided to step away.

That’s when the threats began. Sneha told him bluntly that if Vikram didn’t reconcile, she would die by suicide and name both men in her note. Rohan panicked. He had messages, call recordings—everything. He first approached a local advocate who advised waiting it out. The situation only worsened. Finally, the client approached the Chamber of Advocate Sudhir Rao, where the specialised handling of criminal matters brought immediate clarity. Advocate Sudhir Rao and his office argued that proactive steps were essential: the evidence had to be preserved, and the police needed to be informed before any incident occurred. A complaint was filed under Section 351 BNS, and the police recorded the threat, effectively putting the authorities on notice. The cloud of false implication lifted, and Rohan could finally breathe.

Key Facts of the Case

• The accused (Sneha) was the ex-girlfriend of Rohan’s friend Vikram; she and Vikram had separated a year earlier.
• Rohan intervened purely as a well-wisher to provide emotional support—there was no relationship beyond that.
• When Rohan tried to disengage, Sneha explicitly threatened suicide and stated she would name both Rohan and Vikram in a suicide note or dying declaration.
• Rohan had preserved WhatsApp chats, voice recordings, and screenshots documenting these threats.
• No physical confrontation had occurred, but the psychological coercion was severe.
• A police complaint was lodged at the jurisdictional police station in Nagpur under Section 351 BNS read with an intimation under Section 106 BNS.
• Advocate Sudhir Rao’s office ensured the complaint was entered in the daily diary register, not just orally conveyed.
• The accused was summoned and warned; the threat subsided, and no suicide attempt took place thereafter.

The Direct Legal Answer

Can I make a complaint about her, and how?

Yes. You can file a formal complaint at the local police station where the threat was communicated or where you reside. The police are duty-bound to record it under Section 173(1) BNSS if it discloses a cognisable offence. Criminal intimidation under Section 351 BNS is cognisable and non-bailable. Carry all evidence—screenshots, call recordings, any written messages. If the police refuse to register an FIR, you can approach the Superintendent of Police under Section 173(4) BNSS or file a private complaint before the Magistrate under Section 175(3) BNSS.

How do I stay safe and stay away from their matter?

Stop all direct communication. Block her. Do not meet her alone or without witnesses. Maintain a contemporaneous record of any further threats. Most importantly, inform the police in writing so that there's an official trail. If she does something to herself, that record is your shield against false implication. And consider seeking anticipatory bail under Section 482 BNSS—it's a protective step, not an admission of guilt.

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.

A few more practical tips. First, do not negotiate or try to "calm her down" on your own—any private meeting can be spun against you. Second, never dismiss a suicide threat as drama; take it seriously by reporting it, because inaction can be used to accuse you of apathy or cruelty. And here's the thing, this isn't a routine neighbour dispute. The procedural and evidentiary strategies—like when to file a complaint, how to word it, and what anticipatory bail application to draft—require an advocate who regularly handles criminal matters. A general practitioner might overlook these nuances, and that delay can be costly.

Applicable Sections of Law

The relevant provisions now fall under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Key sections: Section 351 BNS — criminal intimidation (threatening injury to person, reputation, or property to cause alarm). Section 106 BNS — abetment of suicide, if a person dies by suicide and the accused aided or instigated it. Section 106(2) BNS specifically deals with abetment by continuous harassment. Section 173 BNSS — procedure for filing information with the police. Section 482 BNSS — anticipatory bail.

Punishment and Penalties

Under Section 351 BNS, criminal intimidation is punishable with imprisonment of up to two years, or fine, or both. If the threat is to cause death or grievous hurt, the imprisonment can extend to seven years. The offence is cognisable and non-bailable. Under Section 106 BNS, abetment of suicide attracts imprisonment up to ten years and fine. This offence is also cognisable and non-bailable. Both are compoundable only with the court's permission under certain circumstances.

Jurisdiction — Where to File the Case

The complaint can be filed at the police station where the threat was made, where you received the communication, or where the accused resides. Since criminal intimidation is a cognisable offence, territorial jurisdiction is relatively flexible—the station having jurisdiction over your residence is usually appropriate. For trial, the Judicial Magistrate First Class will handle the matter if the punishment is up to 3 years; beyond that, it moves to the Sessions Court. Here, the threat to commit suicide and falsely implicate attracts punishment up to 7 years, so the case may be tried by a Magistrate initially before committal.

What if Police Refuse to File FIR?

• Under Section 173(4) BNSS, you can approach the Superintendent of Police (SP) of the district with a written application. The SP can direct investigation.
• If the SP is unresponsive, file a private complaint before the Magistrate under Section 175(3) BNSS. The court can take cognizance and direct police investigation.
• In extreme situations, a writ petition under Article 226 of the Constitution before the High Court can be filed to compel registration of FIR.
• Document your attempts: keep proof of the complaint (acknowledgment) and the SP’s refusal if any.

Rights of the Accused

• Right against self-incrimination under Article 20(3) of the Constitution—no one can be compelled to be a witness against themselves.
• Right to legal representation under Article 22—you can consult and be defended by a legal practitioner of your choice.
• Right to be produced before a Magistrate within 24 hours of arrest (excluding journey time).
• Right to receive a copy of the FIR and to know the grounds of arrest.
• Right to remain silent; no forced confessions.

Bail Provisions

Criminal intimidation under Section 351 BNS is non-bailable. That means bail is not automatic—the court has discretion. Anticipatory bail under Section 482 BNSS is crucial if you apprehend arrest. Apply before the Sessions Court or High Court. The court will consider the nature of threats, evidence of innocence, and whether custody is necessary for investigation. Typical conditions: surrender passport, appear at the police station when called, not tamper with evidence. File for anticipatory bail early, even before an FIR is registered, if credible threats of arrest loom. This protects your liberty while the investigation proceeds.

Quashing of FIR / Case

If an FIR against you is clearly malicious, the High Court can quash it using inherent powers under Section 528 BNSS. Grounds for quashing include: the FIR does not disclose any prima facie offence, the allegations are absurd, or the matter is purely civil or personal vendetta. Where the FIR is based on a suicide threat that never materialised and no actual harm was caused, a strong case for quashing arises. Make no mistake, quashing is not routine. You’ll need to demonstrate that the FIR is an abuse of legal process and that continuing proceedings would be unjust.

If You Are the Victim

• Immediately preserve all digital evidence—don’t delete anything.
• File a formal complaint at the nearest police station; insist on a written acknowledgment (GD entry).
• If the threat involves suicide, inform the police so they can take preventive measures under Sections 166 BNSS (preventive arrest) if needed.
• Stop engaging with the person; mute or block, but keep records.
• Consult a criminal advocate to assess your exposure and, if necessary, move for anticipatory bail concurrently with the complaint.

Documents You Must Keep Ready

• Identity proof (Aadhaar, PAN) of the complainant and accused.
• Screenshots and full chat exports of WhatsApp or other messaging platforms showing threats.
• Audio recordings of calls, with a certificate under Section 65B of the Indian Evidence Act for digital evidence.
• Any written notes or messages left by the person.
• Witness details (anyone who heard the threat or was present during calls).
• Medical records if the victim suffered any health impact (anxiety, sleeplessness) documented by a doctor.
• Complaint draft in writing, clearly mentioning the threats and dates.

What Evidence Is Required?

• Primary evidence: original digital devices, screenshots, call logs. Courts accept these under the Evidence Act.
• Secondary evidence: certified printouts of digital records under Section 65B of the Indian Evidence Act—critical for admissibility.
• Witness testimony: friends or family who may have heard the threats or seen messages.
• Written complaint to the police itself becomes evidence of timely reporting.
• Circumstantial evidence: pattern of calls, timing, and context immediately after you asked her to stop.
• Any response or apology from her—this can disprove later denial.

How the Police Behave in Such Cases

Police often treat suicide threats in relationship contexts as "personal matters" initially. Don’t let that discourage you. They may try to mediate informally. That’s fine as a first step, but insist on a diary entry. If the threat is serious and you have solid evidence, they will record the complaint. In some stations, officers may be reluctant to register an FIR under Section 351 BNS, preferring Section 106 BNS only if a suicide occurs. But make no mistake—criminal intimidation is independent of any subsequent suicide. Advocate Sudhir Rao’s experience has shown that a well-documented, legally sound complaint compels the police to act, especially when accompanied by an anticipatory bail plea, which signals the seriousness of the matter.

Timeline of Legal Process

• Complaint to FIR: Ideally, same day or within 24 hours if police register immediately; otherwise, approach SP (1-2 weeks) or Magistrate (2-4 weeks).
• Investigation: Police may take 60-90 days to file a chargesheet in a criminal intimidation case; if chargesheeted, court takes cognizance.
• Cognizance and process: Magistrate issues summons to accused (1-2 weeks).
• Anticipatory bail: Can be moved at any stage before arrest; disposal usually within a week or two.
• Trial: If charges are framed, trial may take 6-12 months minimum, depending on court backlog.
• Quashing: If the facts support it, quashing proceedings can conclude in 3-6 months in the High Court.

How Long Will the Investigation Take?

For a case under Section 351 BNS without physical injury, investigation may be completed and a chargesheet filed within 60-90 days. However, if the accused is not arrested and the matter is straightforward, a closure report or final report may be submitted sooner—sometimes within 30 days. The timeline depends heavily on the police station's caseload and the quality of evidence you provide.

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?

Yes, to a limited extent. If the accused genuinely regrets the threat and you're willing to forgive, you can enter into a compromise. Since criminal intimidation is compoundable with the court's permission (under Section 359 BNSS read with the table of compoundable offences), you can jointly apply to the court to compound the offence. But a settlement doesn't automatically erase the threat; there must be a clear undertaking not to repeat such behaviour. For anticipatory bail, a mutually acceptable compromise can strengthen your plea. However, if the threat is persistent and you fear recurrence, proceeding with the case is the safer route.

Common Mistakes People Make

• Deleting messages or evidence in panic—this destroys your defence. Preserve everything.
• Engaging in prolonged arguments over calls or chats, which can be twisted into allegations of provocation.
• Not approaching the police early enough—delay can make the threat appear less serious.
• Overlooking the need for anticipatory bail even when arrest is a real possibility; many assume they won't be arrested until it's too late.
• Engaging an advocate without domain-specific experience. Criminal intimidation and abetment cases involve nuanced procedural tactics—like the timing of bail applications and the correct framing of the complaint to avoid elements of a counter-FIR. An advocate who does not regularly handle criminal matters may not anticipate these strategies, potentially weakening your position.
• Posting about the dispute on social media—this can be used against you in court.

FAQs People Normally Have

Will I be arrested immediately if she files a complaint?

Not necessarily. The police will investigate first. But since the offence is non-bailable, there is a risk of arrest. Anticipatory bail protects you.

What if she actually attempts suicide and names me?

That’s why filing a prior complaint is vital. It demonstrates that the threat was made before any attempt, weakening any abetment allegation. Cooperate with the investigation if called, but with legal representation.

Can I file a complaint online?

Many states allow online filing of complaints, but for criminal intimidation with suicide threats, a physical visit to the station with evidence is more effective. You need a proper diary entry.

Does a suicide threat alone constitute a crime?

Yes. Under Section 351 BNS, a threat to injure a person's reputation or cause alarm is criminal intimidation. The mere utterance with intent to cause alarm is sufficient.

How do I avoid getting dragged into their relationship again?

Cut off contact entirely. Inform the police that you are a third party with no interest. A lawyer can help draft a statement clarifying your non-involvement.

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 Delhi criminal defence lawyer — 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.