How to Legally Protect Your Partner and His Family from Threats and Intimidation in India

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.

Priya Nair, a young woman from Gomti Nagar, Lucknow, came to us in a deeply distressed state in late March 2025. She had been in a relationship for over two years, and her parents — particularly her father, Ramakant Nair — had grown violently opposed to it. Ramakant had begun issuing direct verbal threats to Priya's partner, Arjun Mehta, and his family, warning that he would "finish" them if the relationship continued. Beyond the physical threats, he had also hinted at filing false legal complaints to harass Arjun and his parents.

Priya herself was battling severe anxiety and was under medical supervision at the time. She feared that her deteriorating mental health could be weaponised by her father, who might claim Arjun had caused it. A family friend had earlier approached a local general practitioner advocate, but the advice received was vague and no concrete steps were taken. The threats only escalated.

She then approached Advocate Sudhir Rao's office. The approach taken was methodical. Threat messages and call recordings were secured as evidence. A formal complaint was drafted and filed before the local Magistrate in addition to the police station having territorial jurisdiction. Simultaneously, the family was counselled on their rights and on the risks of retaliatory or impulsive action. Within a few weeks, Ramakant received formal notice and the threats ceased. Arjun's family was protected through a preventive action order. Priya's documented medical condition was carefully kept separate from the criminal complaint, so it could not be misused against Arjun.

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.

Document everything immediately: Save all threatening messages, voice recordings, WhatsApp chats, and call logs the moment you receive them. Don't wait. Courts and police take evidence seriously when it's contemporaneous and unaltered.

Do not retaliate or provoke: Responding aggressively, publicly, or through social media can weaken your legal position significantly. Stay composed and let the law do the work. And here's the thing, one impulsive post on Instagram can undo weeks of careful legal groundwork.

Seek a preventive complaint: You can approach the Executive Magistrate for a preventive action under Section 126 BNSS if there's reasonable apprehension of a breach of peace. This is a lesser-known but highly effective remedy that many general practitioners overlook. Matters involving criminal threats, intimidation, and potential false counter-cases require advocates with specific domain experience — procedural missteps at the initial stage can have consequences throughout the case.

Applicable Sections of Law

• Section 351 BNS (Criminal Intimidation): Covers threats to cause injury to a person, their reputation, or property with intent to cause alarm or compel them to do an act against their will.
• Section 352 BNS (Intentional Insult with Provocation): Applies where threats are accompanied by deliberate provocation intended to breach the peace.
• Section 126 BNSS (Security for keeping peace): Allows an Executive Magistrate to call upon a person to execute a bond for keeping the peace when credible information of a threat exists.
• Section 173 BNSS (FIR and investigation): Governs the registration of FIR and the duty of police to investigate cognizable offences including criminal intimidation.

Punishment and Penalties

• Section 351(2) BNS (Criminal Intimidation with threat to cause death or grievous hurt): Imprisonment of up to seven years, with or without fine. This is a serious aggravated form.
• Section 351(1) BNS (Simple criminal intimidation): Imprisonment up to two years, or fine, or both.
• Nature of offence: Cognizable and non-bailable in the aggravated form (threat to kill). Bailable in the simple form.
• Compoundable: Simple criminal intimidation is compoundable with the permission of the court; the aggravated form (threatening death) is generally not compoundable.

Jurisdiction — Where to File the Case

The complaint or FIR must be filed at the police station within whose territorial limits the threats were made or received. If the threats were communicated over phone or WhatsApp, the jurisdiction can lie where the recipient received the threat — in this case, the victim's residential area. For the Section 126 BNSS preventive action, the application is made before the Executive Magistrate of the sub-division where the threatening person ordinarily resides or is found. If police are unresponsive, a private complaint under Section 223 BNSS lies before the Judicial Magistrate of First Class.

Frankly, jurisdiction matters more than most people realise. Filing at the wrong forum can cause delays and lead to technical objections that shouldn't have arisen in the first place.

What if Police Refuse to File FIR?

• Submit a written complaint to the Superintendent of Police (SP) under Section 173(4) BNSS. The SP is duty-bound to direct investigation if the complaint discloses a cognizable offence.
• File a private complaint directly before the Judicial Magistrate of First Class under Section 223 BNSS. The Magistrate can take cognizance and direct police to investigate.
• As held in Lalita Kumari v. Government of UP, 2014 (Supreme Court), registration of FIR is mandatory for cognizable offences — police cannot refuse arbitrarily.
• If all else fails, a writ petition under Article 226 of the Constitution before the High Court seeking a direction for FIR registration remains available.

Rights of the Accused

If Arjun or his family members are falsely implicated in a counter-case, they don't have to face it without protection. The law gives them clear rights, and those rights need to be asserted from day one.

• Right against self-incrimination: Article 20(3) of the Constitution protects any accused from being compelled to be a witness against themselves.
• Right to legal representation: Article 22 guarantees the right to consult and be defended by a lawyer of their choice from the moment of arrest.
• Right to be produced before Magistrate within 24 hours: As mandated under Article 22(2) and Section 57 BNSS, no person can be detained beyond 24 hours without Magistrate's authorisation.
• Right to copy of FIR: The accused is entitled to a free copy of the FIR under Section 173(2) BNSS.
• Right to know grounds of arrest: The arresting officer must communicate the grounds of arrest to the person arrested, as affirmed in D.K. Basu v. State of West Bengal, 1997.

Bail Provisions

• Simple criminal intimidation (Section 351(1) BNS): Bailable. Bail can be obtained at the police station itself without approaching court.
• Aggravated criminal intimidation with threat to kill (Section 351(2) BNS): Non-bailable. Bail application must be filed before the Sessions Court or Magistrate.
• Anticipatory Bail: If Arjun or his family apprehend arrest in a false counter-case, they may apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court.
• Regular Bail: Governed by Section 480 and Section 483 BNSS — courts consider flight risk, evidence tampering risk, and gravity of the offence.
• Anticipatory bail applications should be filed promptly if a false case is threatened — delay can prejudice the accused's position.

Quashing of FIR / Case

False FIRs get filed. It happens, especially in situations where a parent wants to pressure a partner into backing off. If that happens here, quashing is a real remedy. The High Court holds inherent powers under Section 528 BNSS to quash an FIR where it discloses no prima facie offence, where the complaint is a clear abuse of legal process, or where the matter is compoundable and the parties have settled. As established in State of Haryana v. Bhajan Lal, 1992, the Supreme Court has enumerated specific categories where FIR quashing is appropriate. Now, before you act, understand that courts don't grant quashing lightly, but where the FIR is evidently motivated by personal vendetta, courts have taken a dim view of such misuse and have granted quashing relief.

If You Are the Victim

• Preserve all threatening messages, audio clips, and call recordings without any alteration. Screenshot with timestamps wherever possible.
• File a written complaint at the nearest police station immediately. Insist on an acknowledgment receipt.
• Approach the Executive Magistrate for a preventive order under Section 126 BNSS requiring the threatening party to furnish a security bond for keeping peace.
• If you are under medical treatment for mental health, ensure that your treating doctor maintains proper records — this protects you and prevents the situation from being misrepresented.
• Do not share the details of your legal strategy on social media or with common acquaintances who may relay information to the opposite side.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the complainant and the threatened persons
• Screenshots of threatening WhatsApp messages, text messages, or emails with timestamps
• Call detail records (CDR) — obtainable through the service provider or police during investigation
• Audio or video recordings of any verbal threats, properly stored and unedited
• Medical records and prescriptions if the victim's mental or physical health has been affected
• Any prior written or email communication showing the history of harassment or conflict
• Witness statements from persons who were present during any threatening incidents
• Photographs of any physical intimidation, property damage, or injury

What Evidence Is Required?

• Primary evidence: Original screenshots, unedited audio/video recordings of threats — these carry the strongest evidentiary weight before court.
• Call records and CDR: These confirm communication between the accused and the victims and can establish the timing and frequency of threats.
• Witness testimony: Persons who directly heard or witnessed the threats. Their statements recorded before police or Magistrate carry significant weight.
• Medical reports: If the victim has suffered psychological harm, psychiatric records can be produced to demonstrate the impact of the threats.
• Social media posts: Any public threats made through Facebook, Instagram, or other platforms can be produced as secondary evidence after proper certification.
• Prior complaints: Any previous complaints filed with police, even if not acted upon, help establish a pattern of threatening behaviour.

How the Police Behave in Such Cases

Make no mistake, police response in threat and criminal intimidation cases is often cautious to the point of frustration. Officers frequently attempt to mediate between the parties before registering an FIR, particularly when the matter involves family dynamics. This isn't always appropriate where genuine danger exists. As affirmed in Lalita Kumari v. Government of UP, 2014, police have no discretion to refuse FIR registration in cognizable matters. There's also a tendency to treat such complaints as "personal disputes" and delay action. Persistence, written complaints to senior officers, and legal representation typically result in faster and more appropriate police action.

Timeline of Legal Process

• Day 1-3: File written complaint at police station. Simultaneously apply before Executive Magistrate under Section 126 BNSS for preventive bond. Estimated time for Magistrate notice: 3-7 days.
• Week 1-2: Police register FIR (if cognizable offence is disclosed) and begin investigation. Statements of complainant and witnesses recorded.
• Week 2-8: Police investigation, collection of CDR, digital evidence, and witness statements. If anticipatory bail is needed by the accused, it should be filed during this window.
• Month 2-4: Chargesheet filed before Magistrate. Court takes cognizance.
• Month 4-6: Framing of charges. Accused enters plea.
• Month 6 onward: Trial commences. Evidence recorded. Arguments heard.
• Judgment and appeal: Judgment by trial court, followed by appeal to Sessions Court and High Court if required. Total timeline can range from 1 to 3 years depending on complexity.

How Long Will the Investigation Take?

Under Section 193 BNSS, police are expected to complete investigation and file a chargesheet within 60 days for offences punishable with imprisonment up to seven years, if the accused is in custody. Where the accused isn't in custody, investigation timelines are more flexible. In practice, investigation in threat cases with digital evidence takes approximately 45 to 90 days. Proactive follow-up through the advocate significantly reduces delays.

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.