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: The law is not broken. Your ex's actions — unauthorised use of your sister's credit cards, demanding money under threat of making a viral video, and repeatedly contacting relatives — are crimes under the Bharatiya Nyaya Sanhita (BNS). You can file an FIR for extortion, criminal intimidation, stalking, and cheating. If the police refuse to register an FIR, you can approach higher police authorities or move a Magistrate under the BNSS. A lawyer with experience in cyber and criminal harassment cases can guide you through getting the threats taken seriously.
Key Facts of the Case
- Ex-boyfriend accessed the sister's Gmail account to obtain contact details of her relatives and husband's family.
- He created fake Instagram profiles using her old photos and posted them after their breakup.
- He illegally accessed her bank account and credit cards without permission, withdrawing approximately Rs. 3–4 lakh.
- Only about 50% of the stolen money was returned, without any clear repayment record.
- He demanded Rs. 40,000 under threat of making a viral reel targeting the brother-in-law.
- Complaints were already filed with the local police and cyber police, but no substantial action was taken.
- He used unfamiliar numbers and international lines to bypass blocks and continued contacting the family after the sister's marriage.
The Direct Legal Answer
This is a serious criminal case, not a civil dispute. The ex-boyfriend's actions — stalking, criminal intimidation, extortion, cheating, and unauthorised access to bank accounts — all attract specific offences under the BNS. You do not need to tolerate this.
Can the police refuse to file an FIR?
No. Stalking and criminal intimidation are cognizable offences. The police cannot refuse an FIR. If they do, you have remedies under the BNSS to compel them.
Will the ex stop if we ignore him?
Unlikely. He has escalated from contacting family to demanding money. Ignoring may embolden him. Legal action is necessary now.
Can he be arrested for demanding money via threats?
Yes. Threatening to make a viral video unless paid Rs. 40,000 is prima facie extortion under BNS. It is a non-bailable offence.
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.
This category of case — stalking combined with financial fraud and extortion — involves nuanced procedural and evidentiary strategies that a general practitioner may not be fully familiar with. A lawyer who regularly handles cyber-harassment and criminal threats can pinpoint gaps in the police response, guide you on preserving evidence (screenshots, call records, email headers), and file a private complaint if necessary.
Gather and preserve all evidence: screenshots of threats, call logs, email headers, bank statements showing unauthorised transactions, and a chronology of events. Do not delete any message, even the abusive ones.
Applicable Sections of Law
- Section 308 BNS — Extortion: Threatening to cause harm to reputation or property to induce payment of money. Punishable with imprisonment up to 3 years, fine, or both. If the threat is to cause death or grievous hurt, imprisonment up to 7 years.
- Section 351 BNS — Criminal Intimidation: Threatening another with injury to reputation or person to cause alarm. Punishable with imprisonment up to 2 years or fine.
- Section 67 BNS — Stalking: Following or contacting a woman despite clear disinterest, causing mental anguish. Punishable with imprisonment up to 3 years for first offence, and up to 5 years for subsequent conviction.
- Section 316(2) BNS — Cheating by personation: Using a fake identity to obtain property or money. Punishable with imprisonment up to 3 years and fine.
- Section 66D of the Information Technology Act, 2000 — Cheating by personation using a computer resource. Punishable with imprisonment up to 3 years and fine.
Punishment and Penalties
- Extortion (S. 308 BNS): Minimum — fine only; Maximum — imprisonment up to 3 years (or 7 years if threat is of death/grievous hurt). Cognizable, non-bailable, compoundable.
- Criminal Intimidation (S. 351 BNS): Maximum — imprisonment up to 2 years or fine. Cognizable, bailable, compoundable.
- Stalking (S. 67 BNS): First offence — imprisonment up to 3 years and fine; Subsequent — imprisonment up to 5 years and fine. Cognizable, bailable (for first offence), non-compoundable.
- Cheating by Personation (S. 316(2) BNS): Imprisonment up to 3 years and fine. Cognizable, bailable, compoundable.
Jurisdiction — Where to File the Case
For cyber offences, you can file an FIR at the local police station where the harassment is received — that is, your city or town. Because the accused accessed a Gmail account to send threats and harassed your family from unknown locations, territorial jurisdiction also lies where the victim resides. For criminal matters, the police station having jurisdiction over the place where the threat was received will register the FIR. If no action is taken, you may approach the Magistrate's court having jurisdiction over that area. Jurisdiction matters because a wrong police station may refuse to take action or delay the process.
What if Police Refuse to File FIR?
If the police refuse to register an FIR, follow these steps:
- Approach the Superintendent of Police (SP) or Commissioner of Police under Section 173(4) BNSS, who can direct the station to register an FIR.
- File a private complaint before the Magistrate under Section 175(3) BNSS, who can order the police to investigate.
- Alternatively, file a writ petition in the High Court under Article 226 of the Constitution to compel the police to act.
- Keep a written complaint acknowledged (even on a plain paper) as proof of the refusal.
Rights of the Accused
- Right to remain silent — no compulsion to be a witness against himself (Article 20(3) of the Constitution).
- Right to legal representation — can consult and be defended by a lawyer of his choice (Article 22(1)).
- Right to be produced before the nearest Magistrate within 24 hours of arrest (Article 22(2)).
- Right to be informed of the grounds of arrest immediately.
- Right to a copy of the FIR and all documents relied upon by the prosecution.
Bail Provisions
- Extortion (S. 308 BNS): Non-bailable. The accused must apply for regular bail before the Sessions Court. Anticipatory bail (Section 482 BNSS) may be sought if arrest appears imminent.
- Stalking (S. 67 BNS): Bailable for first offence; non-bailable for subsequent offence. Regular bail is available on furnishing a bond.
- Criminal Intimidation (S. 351 BNS): Bailable. The accused can seek bail from the police or Magistrate.
- Bail strategy is critical: the court will consider the gravity of threats, probability of tampering with evidence, and flight risk. A lawyer experienced in cyber-criminal cases can present a strong case for opposing bail.
Quashing of FIR / Case
An FIR can be quashed by the High Court under Section 528 BNSS (inherent powers) on limited grounds: if no prima facie offence is made out, if the FIR is mala fide or an abuse of process of law, or if the offence is compoundable and the parties have settled. Here, because extortion and stalking are involved, quashing is unlikely. The accused may try to argue lack of evidence, but given repeated threats, fake profiles, and money demands, the FIR has substance. Quashing is not a viable strategy for the victim; it is a remedy the accused may attempt.
If You Are the Victim
- File a detailed written complaint at the local police station, attaching all evidence: screenshots, call logs, email printouts, bank statements showing unauthorised transactions.
- If the police refuse, escalate to the SP/Commissioner or Magistrate under BNSS.
- Preserve all digital evidence without alteration — do not delete or edit any message, email, or screenshot.
- Change all passwords for email, social media, and bank accounts immediately. Enable two-factor authentication.
- Consider a private complaint to the Magistrate if police remain unresponsive — a lawyer can draft it for you.
Documents You Must Keep Ready
- Aadhaar card and PAN card of the victim (sister) and the complainant.
- Printed screenshots of all threatening messages, emails, and social media posts.
- Call detail records (CDRs) showing repeated calls from unknown numbers.
- Bank statements showing unauthorised credit card transactions and withdrawals.
- Proof of payment demands (e.g., message demanding Rs. 40,000).
- Details of the ex-boyfriend's known identity (name, old phone numbers, addresses, photos).
- List of relatives and contacts who received messages from him.
What Evidence Is Required?
- Primary evidence: Direct messages (SMS, WhatsApp, email) showing threats and demands. Screenshots are admissible as secondary evidence if the original is not available.
- Witness testimony: Statements from the sister, brother-in-law, parents, and relatives who received messages.
- Bank record: Passbook entries or bank statements showing unauthorised withdrawals and credit card usage.
- Email headers: Full headers of emails from the compromised Gmail account to trace origin.
- Forensic evidence: Cyber forensic analysis of devices may be ordered by the court to prove access and tampering.
- Call records: Subscriber details and CDRs to identify the numbers used (including international lines).
- Social media evidence: URLs and screenshots of fake Instagram profiles and posts.
How the Police Behave in Such Cases
Police are often reluctant to register FIRs for online harassment, especially when the accused is untraceable or uses burner numbers. They may advise you to simply block the person and ignore further contact. This is legally incorrect. Stalking, criminal intimidation, and extortion are cognizable offences. If you face resistance, insist on a written acknowledgment of your complaint. The office of Advocate Sudhir Rao has seen cases where initial police inaction reversed after a formal complaint was filed under BNSS, leading to registration of an FIR and eventual chargesheet.
Timeline of Legal Process
- FIR Registration: Police must register FIR within 24–48 hours of a cognizable complaint. If refused, escalation to SP/Magistrate takes 5–7 days.
- Investigation: Police investigate for 30–90 days. For serious offences, the chargesheet must be filed within 60–90 days of arrest; otherwise, the accused may seek bail.
- Cognizance & Chargesheet: After investigation, police file a chargesheet in the Magistrate's court. This typically takes 3–6 months.
- Trial: Framing of charges, evidence, arguments. Duration: 6 months to 2 years, depending on court workload and complexity.
- Judgment: Magistrate delivers judgment after trial. Appeals go to the Sessions Court or High Court.
How Long Will the Investigation Take?
The investigation for cyber harassment and financial fraud cases usually takes 3 to 6 months. Police will request call records, email headers, and financial data from service providers, which often takes 6–8 weeks. In serious cases involving extortion, the investigation may be faster. If the accused is arrested, the chargesheet must be filed within 60 days of arrest.
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?
Extortion and stalking are not compoundable offences — you cannot simply withdraw the FIR and end the case. However, if the accused returns the misappropriated money and apologises, the victim can express no objection, which may influence the court at sentencing. Mediation is not typically used for criminal extortion cases, but for the financial cheating portion, a settlement regarding repayment can be placed on record. If you want to settle, consult your lawyer first — the threats and stalking are serious crimes that may warrant prosecution regardless of payment.
Common Mistakes People Make
- Delaying the complaint: Waiting months to file an FIR weakens evidence. Act immediately after the first threat.
- Deleting evidence: Removing messages or blocking the accused without screenshots destroys proof. Preserve everything.
- Engaging a lawyer without domain experience: A general practitioner may not know how to handle cyber evidence, BNSS private complaints, or escalate police inaction. This type of matter requires an advocate who regularly handles cyber-harassment and extortion cases — procedural and evidentiary nuances are often missed, leading to delays or weak cases.
- Confronting the accused directly: Arguing with him on the phone or via email gives him emotional leverage and may be used as defence. Let the lawyer communicate.
- Posting about the case on social media: Public posts can be used by the defence to show bias or mental state. Keep the case out of public forums.
- Ignoring the threat: Hoping he will stop after marriage is not wise. Escalation is likely unless legally checked.
FAQs People Normally Have
Can I file a case if the ex is outside India?
Yes. You can file an FIR in your local police station. The police can issue a Look Out Circular (LOC) and coordinate with Interpol or the relevant embassy for extradition if the offence is serious. Cyber cells can trace IP addresses and server logs even if he uses international numbers.
Does my sister need to be involved in the case?
Yes. She is the primary victim for stalking and financial fraud. Her statement is crucial. However, the brother-in-law can also file a complaint for the threats made against him.
Can we get the money he took from her credit card back?
Yes, through the criminal case. The court can order restitution under BNS. Alternatively, file a civil suit for recovery of Rs. 3–4 lakh. The criminal case will pressure him to return the money as part of settlement.
What if the accused deletes all evidence?
Do not worry. Forensic analysis of his devices, call records from telecom providers, and server logs from email/social media platforms can reconstruct the evidence even after deletion. The police or a private cyber forensic expert can help.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India