Your Mother’s Harassment by a Relative’s Spouse? Here’s the 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.

TL;DR: You can file a criminal complaint for verbal abuse, criminal intimidation, and defamation under the Bharatiya Nyaya Sanhita (BNS), 2023. The police can register an FIR based on the calls and threats, especially regarding edited photos. You must preserve all evidence — call recordings, messages, and witness accounts. Do not engage directly; let the law handle it.

The case involved a client from Indore. Her mother, Mrs. Seema Joshi, faced relentless verbal abuse from her cousin's wife, Mrs. Kavita Reddy. The trouble started when Mrs. Joshi’s cousin, Mr. Rohan Reddy, saved his paramour’s number under Mrs. Joshi’s name. Suspicious, Mrs. Kavita Reddy began calling Mrs. Joshi and abusing her. Though numbers were blocked initially, a switch to a new phone let a call through. Mrs. Kavita Reddy and her daughter hurled abuse — with Mr. Rohan Reddy silent in the background. Worse, Mrs. Kavita Reddy threatened to send edited photos to the family WhatsApp group, aiming to defame Mrs. Joshi. Earlier attempts to reason with the family failed. The client then approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office immediately advised preserving all call logs and recordings. A criminal complaint was drafted under Sections 318 (criminal intimidation) and 356 (defamation) of the BNS. The police registered an FIR, and a notice was sent for a protection order. The court restrained Mrs. Kavita Reddy from contacting Mrs. Joshi. The threats stopped. Advocate Sudhir Rao’s expertise in handling such harassment cases — especially those involving edited media — secured the order swiftly.

Key Facts of the Case

• The abuser is the wife of the victim’s cousin — a family relationship complicating direct resolution.
• Multiple phone calls with abusive language occurred over two years.
• Blocking the number was ineffective due to a new phone and oversight.
• The abuser threatened to send doctored photos to a family group.
• The abuser’s husband (the victim’s cousin) was present during calls and did not intervene.
• Audio recordings were later edited by the abuser to misrepresent conversations.
• An FIR under BNS sections was filed, resulting in a court-issued restraint order.

The Direct Legal Answer

Yes, you have clear legal remedies. Repeated abusive calls and threats to share edited photos constitute criminal intimidation under Section 318 BNS and defamation under Section 356 BNS. The police can register an FIR if you have evidence — call records, audio recordings, or messages. The threat to send edited photos to a family group amounts to criminal defamation and may also attract provisions of the Information Technology Act, 2000 for electronic harassment.

What about the edited audio?

If the abuser created and shared edited audio to defame your mother, that is forgery or cheating by personation under BNS. You can present the original recordings to a forensic lab to prove tampering.

Can I get a protection order?

Yes. You can approach the Magistrate court for an injunction or protection order under the Protection of Women from Domestic Violence Act, 2005 (if the victim is a woman living in the same household or related by marriage). If not, a civil restraining order under Section 144 CrPC (now under BNSS) is possible.

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 every piece of evidence. Save call recordings, screenshots of messages, and note dates and times. Do not confront the abuser yourself — that can escalate the situation. Engage an advocate who regularly handles harassment and defamation matters. Such cases involve nuanced evidence rules around electronic records and edited media, which a general practitioner may overlook. A domain-specific approach significantly improves your chances of a quick restraining order.

Applicable Sections of Law

• Section 318 BNS (Bharatiya Nyaya Sanhita, 2023): Criminal intimidation — threatening injury to reputation with intent to cause alarm. Punishable with imprisonment up to two years or fine or both.
• Section 356 BNS: Defamation — publishing imputation concerning a person intending to harm reputation. Punishable with simple imprisonment up to two years or fine or both.
• Section 336(3) BNS: Forgery — making a false document (including edited audio/photos) with intent to cause damage. Higher penalties apply.
• Section 67 of the Information Technology Act, 2000: Publishing obscene or harassing material in electronic form.

Punishment and Penalties

• Criminal intimidation (Section 318 BNS): Imprisonment up to two years, or fine, or both. Cognizable and bailable — police can arrest without warrant.
• Defamation (Section 356 BNS): Simple imprisonment up to two years, or fine, or both. Non-cognizable and bailable — you need a warrant for arrest.
• Forgery (if edited media is proven): Imprisonment up to two years or fine or both — non-cognizable.
• Compoundable? Defamation is compoundable (can be settled out of court). Criminal intimidation is generally non-compoundable.

Jurisdiction — Where to File the Case

For criminal action, file an FIR at the police station having territorial jurisdiction over where the calls were received or where the victim resides. Since calls came from the abuser’s location, you can also file there. The Magistrate court of the same area handles complaints under Section 175(3) BNSS. For civil protection orders, the jurisdictional civil court (typically the Senior Civil Judge’s court) has power. Jurisdiction matters because the wrong court can delay your case by months.

What if Police Refuse to File FIR?

Police sometimes hesitate in verbal-abuse cases involving family. If they refuse:

• Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint and evidence.
• If still no action, file a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order an investigation.
• As a last resort, file a writ petition in High Court under Article 226 for police inaction.

Rights of the Accused

• Right to remain silent — under Article 20(3) Constitution, no one can be compelled to be a witness against themselves.
• Right to legal representation under Article 22(1) — the accused can engage a lawyer.
• Right to know grounds of arrest — the police must inform the accused why they are being arrested.
• Right to be produced before a Magistrate within 24 hours (Section 303 BNSS).
• Right to a copy of the FIR and to seek bail.

Bail Provisions

• Since defamation is bailable, the accused can get bail from the police station itself.
• Criminal intimidation is bailable, but the accused may have to appear before a court.
• If forgery is alleged (non-bailable), the accused can apply for regular bail under Section 480 BNSS.
• Anticipatory bail under Section 482 BNSS is available if the accused fears arrest — common in non-bailable offences.
• Strategy: Your advocate will decide whether to oppose bail based on the threat of evidence tampering.

Quashing of FIR / Case

The accused may seek quashing of the FIR in High Court under Section 528 BNSS (inherent powers). Grounds include: no prima facie offence, abuse of process, or a settlement between parties (if the offence is compoundable). Since defamation is compoundable, the accused might try to settle and get the FIR quashed. However, if the threats continue, the court is unlikely to quash. Your advocate should argue that the nature of harassment (especially edited photos) shows mala fide intent.

If You Are the Victim

• Do not respond to abusive calls or messages — that can worsen the situation.
• Immediately save all evidence — call recordings, screenshots, timestamps.
• File an FIR at the nearest police station without delay.
• Inform family members you trust to avoid isolation.
• Seek a protection order from the court to stop further contact.

Documents You Must Keep Ready

• Aadhaar card / PAN card of the victim.
• Call records (CDR) from the phone provider showing repeated calls from the abuser’s number.
• Recordings of abusive calls (ensure you record in voice recorder, not tampered).
• Screenshots of any threatening messages or WhatsApp conversations.
• Any evidence of edited photos or audio (provide originals for forensic examination).
• Written complaint to the police with date and time.

What Evidence Is Required?

• Primary evidence: Original recordings, screenshots, and call logs from the phone — these are direct proof.
• Secondary evidence: Copies of WhatsApp chats or call logs from the service provider. These may need certification under Section 65B of the Evidence Act.
• Witness testimony: If anyone heard the abuse or saw the threats, their statement is valuable.
• Forensic analysis: For edited audio or photos, a certified forensic report proving tampering is critical.
• Family group screenshots: Show the threats to send photos — this establishes intent.

How the Police Behave in Such Cases

Police often view verbal abuse between relatives as a "family dispute" and may try to mediate rather than register an FIR. They may ask you to "settle it" first. You must insist on recording your complaint in writing. If necessary, approach the SP or Magistrate. Once an FIR is filed, police typically issue a notice to the accused and may record statements. In cases involving threats of edited media, police may take it more seriously as defamation. Persistence is key.

Timeline of Legal Process

• Day 1–3: Lodge FIR or file complaint before Magistrate. Police register FIR within 24 hours.
• Week 1–4: Investigation: police record statements, collect evidence, issue notice to accused.
• Month 1–3: Charge sheet filed (if police complete investigation). Magistrate takes cognizance.
• Month 2–6: Framing of charges. If the offence is bailable, bail granted quickly.
• Month 6–12: Trial: examination of witnesses, cross-examination. Simple cases may conclude faster.
• Month 12–18: Judgment, followed by appeal if filed. Protection order may be granted at early stage (within weeks).

How Long Will the Investigation Take?

Police typically complete investigation in 30 to 60 days for such cases. If forensic analysis of edited media is needed, it may stretch to 90 days. The charge sheet must be filed within 60 days if the accused is in custody (bailable cases have no strict limit, but courts expect diligence). Your advocate should follow up regularly.

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. Defamation (Section 356 BNS) is compoundable, meaning the parties can settle and withdraw the case. Criminal intimidation (Section 318 BNS) is generally non-compoundable, but courts may consider a compromise if the victim is willing. A settlement deed can be drafted. Mediation or Lok Adalat is an option — especially for family disputes. However, given the threat of edited photos, settlement should only happen if the abuser gives an undertaking not to share them. Your advocate should ensure the settlement includes a confidentiality clause and an apology.

Common Mistakes People Make

• Deleting call logs or messages — evidence is your strongest weapon. Keep everything.
• Engaging a lawyer without domain experience in harassment and defamation cases — such matters require understanding of electronic evidence rules and forensic procedures. A general practitioner may miss critical procedural steps.
• Posting about the abuse on social media — this can backfire and be used against you as defamation counter-allegation.
• Confronting the abuser directly — it can escalate to physical altercations or false counter-complaints.
• Not filing an FIR immediately — delay weakens your case and suggests lack of urgency.
• Waiting for the abuser to "calm down" — harassment rarely stops without legal intervention.

FAQs People Normally Have

Can I record calls without the caller’s knowledge and use it as evidence?

Yes, if you are a party to the call, recording it is generally admissible. However, you must ensure the recording is not tampered. Courts may give less weight to undisclosed recordings but still accept them if relevant.

What if the abuser shares edited photos before I file a case?

Immediately file an FIR under Section 318 and 356 BNS. Also contact the platform (WhatsApp, Facebook) to report the content. You can seek a court order for removal. Filing early helps preserve your reputation.

Can I get the abuser arrested without a court order?

Defamation is bailable, so the accused cannot be arrested without a warrant. Criminal intimidation is bailable too. Only if forgery (non-bailable) is alleged can police arrest without warrant. In practice, police issue a notice first.

Do I need a lawyer to file an FIR?

No, you can file an FIR yourself. But a lawyer helps draft a comprehensive complaint that covers all offences — which many victims overlook. This speeds up investigation.

Can the abuser file a cross-case against my mother for defamation?

Possibly, if they claim the edited audio or photos are genuine. That’s why preserving original evidence and getting forensic analysis is critical. A good advocate will pre-empt such counter-attacks.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India