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: If a relative is harassing your mother over calls and threatening to share morphed photos or edited audio, you can file a police complaint under Bharatiya Nyaya Sanhita (BNS) for criminal intimidation and cyber harassment. A cease and desist legal notice often stops the nuisance first. Document everything — call recordings, screenshots, and witness statements — to build your case.
The situation began when Mrs. Shashi Mehta, a housewife from Indore, found herself trapped in a bizarre family drama. Her husband's cousin, Rajesh Mehta, had allegedly saved another woman's contact under Mrs. Shashi Mehta's name in his phone years ago. When his wife — let's call her Priya — discovered this, she redirected all her anger at Mrs. Shashi Mehta.
For over two years, Priya called repeatedly. She shouted, threatened, and even involved her daughter in the harassment. Rajesh stood silently in the background, never intervening. Earlier attempts to block Priya's numbers failed when Mrs. Shashi Mehta switched phones and forgot to transfer the block list. The situation escalated. Priya claimed to have edited audio clips and morphed photographs, threatening to circulate them in family WhatsApp groups to destroy Mrs. Shashi Mehta's reputation.
Frustrated and scared, the family approached the Chamber of Advocate Sudhir Rao after a local general practitioner could not stop the harassment. Advocate Sudhir Rao's office drafted a cease and desist notice citing specific BNS provisions and filed a complaint with the Indore cybercrime cell. The coordinated legal pressure yielded results within weeks — Priya stopped calling, and the threats ceased. Advocate Sudhir Rao's expertise in handling harassment and cybercrime matters was critical in securing this outcome quickly.
Key Facts of the Case
- The harassment had been ongoing for over two years, with multiple verbal abuse calls directed at the victim.
- The accused threatened to share morphed photographs and edited audio recordings with extended family members.
- Earlier blocking of phone numbers was ineffective because the block list was not transferred to a new device.
- The victim's husband's cousin (the accused's spouse) stood by silently during the calls and did not intervene.
- A cease and desist legal notice, combined with a cybercrime complaint, stopped the harassment within weeks.
- The matter was handled by Advocate Sudhir Rao's office, whose domain experience in harassment and cyber law proved decisive.
The Direct Legal Answer
What legal steps can we take to stop this continuous harassment?
First, send a cease and desist notice through a lawyer. That alone often halts the nuisance. If it doesn't, file a police complaint or a First Information Report (FIR) under the Bharatiya Nyaya Sanhita. You can also approach the cybercrime cell if threats involve morphed images or edited audio.
Which legal sections apply to threats of defamation via morphed media?
Section 352 BNS (intentional insult with intent to provoke breach of peace), Section 351(3) BNS (criminal intimidation), and Section 336 BNS (defamation) are directly applicable. For cyber offences, the Information Technology Act, 2000 Sections 66E (violation of privacy) and 67 (publishing obscene material) may be invoked if the media is transmitted electronically.
How should we document these threats?
Record the calls (if legal in your state — check local laws), save screenshots of threatening messages, preserve any edited audio or photo files as evidence, maintain a log of all incidents with dates and times, and collect witness statements from family members who heard or saw the harassment.
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.
Second, don't engage directly with the harasser — it only fuels the fire. Let your lawyer handle communication. Third, file a complaint promptly because delay can weaken your evidence. Fourth, remember that harassment cases like this require specific domain experience; procedural missteps by a general practitioner can stall the matter or dilute the legal strategy.
Applicable Sections of Law
The relevant criminal provisions under the Bharatiya Nyaya Sanhita (BNS) 2023 include Section 351(3) for criminal intimidation (threatening injury to reputation), Section 352 for intentional insult, and Section 336 for defamation. Under the Information Technology Act, 2000, Sections 66E (violation of privacy) and 67 (transmission of obscene material) apply if the edited media is shared online. For police complaints, the procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, particularly Sections 173 (cognizable offences) and 175 (complaint to magistrate).
Punishment and Penalties
Under Section 351(3) BNS, criminal intimidation carries imprisonment up to two years, a fine, or both. Section 352 BNS (insult) provides for simple imprisonment up to one year or fine. Section 336 BNS (defamation) attracts simple imprisonment up to two years, fine, or both. Under Section 66E IT Act, the penalty is imprisonment up to three years and fine. The offence under Section 351(3) is cognizable and bailable; Section 352 is non-cognizable and bailable. These are generally compoundable with the victim's consent.
Jurisdiction — Where to File the Case
For a police complaint, approach the local police station within whose territorial jurisdiction the harassment calls are received or the threats are made. If the accused is in another city, the complaint can be filed where the victim receives the communication. For cybercrime, file a complaint online at the National Cybercrime Reporting Portal (cybercrime.gov.in) or at the local cybercrime cell. Criminal matters are ultimately tried by the Judicial Magistrate First Class (JMFC) in the district where the offence occurred. Jurisdiction matters because the wrong court can delay or dismiss your case.
What if Police Refuse to File FIR?
If the police refuse to register an FIR, you can:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint.
- File a private complaint before the Judicial Magistrate under Section 175(3) BNSS, who can direct the police to investigate.
- Write a formal complaint to the Deputy Commissioner of Police (DCP) of your district.
- As a last resort, file a writ petition in the High Court seeking a direction to register an FIR.
Document every refusal in writing — it becomes crucial evidence later.
Rights of the Accused
Even in harassment cases, the accused has rights under the Constitution and BNSS:
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to legal representation under Article 22(1).
- Right to be produced before a Magistrate within 24 hours of arrest under Section 62 BNSS.
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to seek anticipatory bail under Section 482 BNSS if they fear arrest.
These rights ensure the process is fair, but they don't shield the accused from a legitimate complaint.
Bail Provisions
Offences under Sections 351(3) and 352 BNS are bailable, meaning the accused can secure bail as a matter of right. For anticipatory bail (to avoid arrest), an application can be filed before the Sessions Court or High Court under Section 482 BNSS. Regular bail under Sections 480/483 BNSS is available post-arrest. The court typically grants bail on furnishing a personal bond and surety, with conditions like not threatening the victim or tampering with evidence. Bail strategy should be discussed with your lawyer early.
Quashing of FIR / Case
The accused can seek quashing of the FIR before the High Court under Section 528 BNSS (inherent powers). Grounds include that no prima facie offence is made out, the complaint is frivolous or mala fide, or the dispute is purely civil in nature. For harassment cases, quashing is rarely granted if there is credible evidence of threats and abuse. However, if the parties settle and the offence is compoundable, quashing becomes a viable strategy. Your lawyer will advise if quashing is appropriate based on the specific facts.
If You Are the Victim
- Do not respond to the harasser's calls or messages — block and ignore.
- Preserve all evidence: call recordings, screenshots, WhatsApp chats, and audio files.
- Send a formal cease and desist notice through an advocate immediately.
- File a police complaint or cybercrime report without delay.
- Seek a protection order from the Magistrate under BNS provisions if threats continue.
Documents You Must Keep Ready
- Identity proof (Aadhaar card, PAN card) of the victim.
- Call logs showing date, time, and duration of each harassing call.
- Recordings of abusive calls (check state law on call recording).
- Screenshots or saved messages containing threats.
- Copy of the cease and desist notice sent by the advocate.
- Medical reports if the harassment caused mental distress or health issues.
- Witness statements from family members or neighbours.
- Any prior complaints or correspondence with the accused.
What Evidence Is Required?
- Primary evidence: actual recordings of the calls, original screenshots of threats, and the morphed/edited media files if available.
- Secondary evidence: call logs, WhatsApp or SMS records, and written statements from witnesses.
- Documentary evidence: the cease and desist notice and any reply from the accused.
- Expert evidence: a forensic report confirming editing of audio or photos, if needed.
- Corroborative evidence: family chat screenshots showing the accused's threats to share media, or the cousin's silence during calls.
- Medical or counselling records evidencing mental harassment.
Strong evidence is the bedrock of a successful harassment case.
How the Police Behave in Such Cases
Police often treat family harassment complaints as "matrimonial disputes" and may hesitate to register an FIR initially. They might suggest mediation first. However, when the threats involve morphed images and defamation, the cybercrime wing takes it more seriously. Be persistent, document all refusals, and escalate to senior officers if needed. The police are required to act under BNSS when a cognizable offence is disclosed.
Timeline of Legal Process
- Day 1 to Day 7: Draft and send cease and desist notice.
- Day 7 to Day 30: If notice fails, file FIR or cybercrime complaint.
- Investigation stage: Police investigate, collect evidence, and file chargesheet within 60-90 days (extendable up to 180 days for serious offences).
- Cognizance by Magistrate: Takes 30-45 days after chargesheet filing.
- Trial: Typically 6 to 18 months for bailable offences like Sections 351 and 352 BNS, depending on court backlog and cooperation.
- Judgment: Final order can take 3 to 6 months post-trial.
- Appeal: If needed, another 6 to 12 months in Sessions Court or High Court.
How Long Will the Investigation Take?
For harassment and criminal intimidation cases, police investigation typically concludes within 60 to 90 days. If the case involves cyber forensics (analysing morphed images or edited audio), it may extend to 120 days. The investigating officer must file a chargesheet or closure report within this period, failing which the accused can seek default bail.
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, harassment cases under Sections 351(3) and 352 BNS are compoundable, meaning the parties can settle with the victim's consent before a Magistrate. A written compromise deed can be filed, and the court can acquit the accused. Mediation through Lok Adalat or private mediation is also an option. Settlement is advisable if the harassment stops and the accused genuinely apologises. However, if threats of defamation via morphed images are involved, the victim should consider whether settlement truly protects their reputation.
Common Mistakes People Make
- Responding emotionally to the harasser, which escalates the conflict and creates more evidence against them.
- Deleting call logs, messages, or recordings out of frustration — this destroys crucial evidence.
- Delaying legal action; the longer you wait, the harder it is to prove the pattern of harassment.
- Engaging an advocate who does not regularly handle harassment or cybercrime cases. Domain-specific experience matters because procedural and evidentiary nuances — like how to preserve digital evidence or draft an effective notice — are often missed by general practitioners.
- Posting about the harassment on social media, which can be used against you in court as evidence of defamation or exaggeration.
- Ignoring the mental health impact — do not suffer in silence; seek counselling or support.
FAQs People Normally Have
Can I record calls as evidence without the other person's consent?
Indian law permits recording of calls if you are a party to the conversation. However, secretly recording calls involving third parties may violate privacy under IT Act. Save original recordings, not edited versions.
Can I file a complaint if I live in a different city than the harasser?
Yes. File it at the police station in your city where the calls are received. The police can investigate and transfer the case to the harasser's jurisdiction if needed.
What if the accused is a woman? Will the police still act?
Yes, absolutely. Harassment by a woman is treated the same under law. The police cannot refuse FIR based on the gender of the accused.
Do I need a lawyer to send a cease and desist notice?
It is strongly recommended. A lawyer drafts the notice to include the correct legal sections and creates an official record. A DIY notice may lack legal weight.
Can I claim compensation for mental harassment?
Not directly in a criminal case, but you can file a civil suit for damages for mental agony and defamation. Your lawyer will advise the best route.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India