Legal Action After Sexual Assault Threat – Your Rights Under Indian 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: If someone attempts sexual assault and then threatens to cut off contact if you object, that's a criminal offence in India. You can file an FIR with the police. The threat itself may also constitute criminal intimidation. Don't stay silent — the law is on your side. Act fast and consult a criminal lawyer immediately.

Neha Gupta, a 28-year-old software professional from Koramangala, Bengaluru, met Vikram Mehta through a dating app in January 2025. They met a few times. On their third date around 10 February 2025, Vikram tried to force himself on Neha despite her clear refusals. She pushed him away and left. The next day, Vikram sent her a gift via a courier. When Neha called to say she didn't want to meet again, Vikram replied: "If that's a problem for you, then never meet me again."

Neha felt confused and threatened. She didn't know if the law could help. A friend referred her to the Chamber of Advocate Sudhir Rao. Initially, she hesitated — she thought it was just a "date gone wrong" and that she might be overreacting. But Advocate Sudhir Rao explained clearly that what Vikram did amounted to an attempt to commit sexual assault under the Bharatiya Nyaya Sanhita, 2023. His office prepared a detailed complaint based on WhatsApp chats and Neha's statement. The Bengaluru police registered an FIR within 48 hours. Because Advocate Sudhir Rao's domain expertise in criminal law — especially sexual offence cases under the new BNS framework — helped frame the complaint correctly, the police took immediate action. Vikram was summoned for questioning, and anticipatory bail was denied by the trial court. Neha got the protection and closure she needed.

Key Facts of the Case

• Neha and Vikram met through a dating app in January 2025.
• On 10 February 2025, Vikram attempted sexual assault on Neha during a date — she physically resisted and left.
• Vikram sent a gift the next day, which Neha later declined.
• When Neha expressed she didn't want to meet again, Vikram said, "If that's a problem, then never meet me again."
• This statement was treated as a threat constituting criminal intimidation under the BNS.
• An FIR was registered under Sections 64 (sexual harassment) and 127(2) (attempt to commit sexual assault) read with Section 351 (criminal intimidation) of the BNS.
• The police summoned Vikram; he applied for anticipatory bail, which was rejected.
• The case is now pending trial before the Additional Sessions Court, Bengaluru.

The Direct Legal Answer

Is it a crime if someone tries to sexually assault me and then threatens to end the relationship?

Yes. Attempted sexual assault is a separate criminal offence. The threat — "never meet again" — can amount to criminal intimidation if it was meant to induce fear or compel you to stay silent. You don't need to prove a completed assault. The law punishes the attempt itself.

Can I file a police complaint even if there were no witnesses?

Absolutely. Your own testimony is primary evidence. Courts routinely convict in sexual offence cases based solely on the victim's credible testimony. The police can also collect corroborative evidence like your messages, call logs, and medical reports (if any).

What if the police refuse to register my FIR?

You have legal remedies. File a written complaint before the Superintendent of Police under BNSS. Or approach the Magistrate with a private complaint. Don't let a reluctant officer stop you.

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. Save all chats, call recordings (if legally permissible in your state), and even your own notes of what happened. The more evidence you preserve, the stronger your case. Don't delete anything — even a deleted message can be recovered.

Cut off all direct contact. Let your lawyer communicate. The accused's lawyer may try to extract a "compromise" or get you to make statements that weaken your case. Stay firm and follow your advocate's instructions.

This category of case — sexual offences and criminal intimidation — involves nuanced procedural and evidentiary strategies. A general practitioner may not be familiar with how to frame the FIR, what medical evidence to preserve, or how to handle the bail hearing. Engaging an advocate who regularly handles such matters typically leads to faster and better outcomes.

Applicable Sections of Law

• Section 64 BNS (Sexual Harassment): Covers unwelcome physical contact, advances, or demands for sexual favours. Punishable with up to 3 years imprisonment and fine.
• Section 127(2) BNS (Attempt to commit sexual assault): Attempt to commit an offence under Section 127 (sexual assault) is punishable with up to 7 years imprisonment and fine.
• Section 351 BNS (Criminal Intimidation): Threatening another person with injury to their reputation or property to cause alarm. Punishable with up to 2 years imprisonment or fine or both.
• Section 116 BNS (Abetment): If the accused threatened you to stay silent or not to report, it may also attract abetment provisions.

Punishment and Penalties

• Section 127(2) BNS: Minimum imprisonment of 1 year; maximum up to 7 years. Fine also imposed.
• Section 64 BNS: Maximum imprisonment of 3 years and fine.
• Section 351 BNS: Imprisonment up to 2 years, or fine, or both.
• Cognizable / Non-bailable: Offences under Sections 127 and 64 are cognizable and non-bailable. Bails are not easily granted.
• Compoundable: Section 351 is compoundable with court permission; Sections 64 and 127 are non-compoundable.

Jurisdiction — Where to File the Case

For criminal matters, file the FIR at the police station within whose territorial jurisdiction the incident occurred. If the assault attempt happened in one area but the threat came later from another place, the police station where the victim resides can also take cognizance under the BNSS. Jurisdiction matters because the trial will happen at the court having territorial jurisdiction. Don't let the accused's location confuse you — as a victim, you can often file at your local station.

What if Police Refuse to File FIR?

The police cannot refuse to register an FIR for a cognizable offence like sexual assault. If they do:

• Send a written complaint to the Superintendent of Police under Section 173(4) BNSS. The SP must investigate or get it investigated.
• File a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order the police to register the FIR.
• As a last resort, file a writ petition before the High Court under Article 226 of the Constitution for a direction to register FIR.

Rights of the Accused

The accused has rights too — understanding them helps you anticipate their defence:

• Right to silence: The accused cannot be compelled to be a witness against himself (Article 20(3) of the Constitution).
• Right to legal representation: He can engage a lawyer from the moment of arrest (Article 22).
• Right to be produced within 24 hours: Police must produce the accused before a Magistrate within 24 hours of arrest.
• Right to a copy of the FIR: The accused is entitled to a copy of the FIR and to know the grounds of arrest.

Bail Provisions

• Bailable vs Non-bailable: Offences under Sections 64 and 127 BNS are non-bailable. Section 351 is bailable by the police.
• Anticipatory Bail: The accused can apply for anticipatory bail under Section 482 BNSS. Courts rarely grant it in serious sexual assault matters.
• Regular Bail: After arrest, the accused can apply for regular bail under Sections 480/483 BNSS. The prosecution can oppose it based on the gravity of the offence.
• Strategy: Your lawyer should oppose bail vigorously, citing the seriousness of the offence and the risk of witness intimidation.

Quashing of FIR / Case

The accused may try to quash the FIR through the High Court under Section 528 BNSS (inherent powers). Grounds for quashing include: no prima facie offence, settlement between parties, or abuse of process. However, for non-compoundable offences like sexual assault, quashing is rare and typically not allowed unless the FIR is completely frivolous. Your lawyer should be prepared to defend against such a petition.

If You Are the Victim

• File the FIR immediately — don't delay. Delay can weaken your case.
• Preserve all evidence: chats, screenshots, call logs, medical reports (if any).
• Get a medical examination done within 24-72 hours if there was any physical contact.
• Don't delete any messages — even deleted ones can be retrieved by forensic experts.
• Talk to a criminal lawyer before speaking to the police again on your own.
• Reach out to a trusted family member or friend for emotional support.

Documents You Must Keep Ready

• Aadhaar card or other government-issued photo ID
• All WhatsApp / SMS / social media chats (screenshots with timestamps)
• Call detail records (CDR) from your mobile provider if needed
• Any emails or letters sent by the accused
• Gift receipt or delivery proof (if any) — to show contact after the incident
• Medical report if you underwent any physical examination
• Diary or notes you made about the incident and subsequent communications
• Names and contact details of any witnesses who saw you distressed after the incident

What Evidence Is Required?

• Primary evidence: Your own testimony — this is the most crucial piece of evidence in sexual assault cases.
• Electronic evidence: WhatsApp chats, SMS, emails, call logs — admissible under the Evidence Act with a proper certificate.
• Corroborative evidence: Friend or family testimony about your emotional state after the incident.
• Medical evidence: If you sustained any injury, a medical report is valuable.
• Behavioural evidence: The accused's sudden gift-giving after the incident can be used to show consciousness of guilt.
• Documentary evidence: Any written statements, diary entries, or contemporaneous notes you made.

How the Police Behave in Such Cases

Police behaviour can vary. In metropolitan cities like Bengaluru, Delhi, Mumbai, the police are generally more sensitised to sexual assault complaints under the new BNS framework. They are supposed to record the FIR, offer medical examination, and provide counselling. However, some officers may still show reluctance — especially if the parties knew each other socially or through a dating app. Don't be discouraged. Insist on your rights. If the officer is unhelpful, go to the SP or file a private complaint. Professionalism matters, and your lawyer can guide the process.

Timeline of Legal Process

• FIR and Investigation (1-3 months): Police record your statement, collect evidence, and may arrest the accused. For non-bailable offences, investigation is usually completed within 60-90 days.
• Chargesheet Filing (up to 90 days from arrest): Police must file a chargesheet within 90 days for serious offences; otherwise, the accused may get default bail.
• Cognizance and Framing of Charges (1-2 months): Court takes cognizance of the chargesheet and frames formal charges against the accused.
• Trial (6 months to 2 years): Evidence is recorded, arguments are heard. Fast-track courts sometimes expedite sexual offence trials.
• Judgment (1-3 months after arguments): Court delivers the verdict. Appeal can be filed within 30-90 days.

How Long Will the Investigation Take?

For sexual assault cases, the BNSS requires investigation to be completed within 60 days from the date of FIR. In practice, it can take 2-3 months if the police need to collect electronic evidence, send messages for forensic analysis, or examine witnesses. If the accused is not arrested, the investigation may drag on longer. Your lawyer can follow up with the Investigating Officer to ensure timely filing of the chargesheet.

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?

Criminal cases involving sexual assault are non-compoundable — meaning the parties cannot simply "settle" and get the case quashed. However, the accused can seek mediation for the criminal intimidation aspect (Section 351 BNS, which is compoundable). In practice, courts rarely quash FIRs in sexual assault cases even if the victim later agrees to a settlement. The State's interest in prosecuting such offences overrides private compromise. That said, if the accused genuinely apologises and you feel that your emotional recovery is more important than a conviction, your lawyer can explore the possibility of a plea bargain — but only for lesser offences. For serious sexual assault, a full trial is almost inevitable.

Common Mistakes People Make

• Delaying the complaint: Waiting weeks or months weakens your credibility and allows evidence to be lost.
• Deleting chats or messages: Victims sometimes delete them out of shame or anger. Don't. They are your strongest evidence.
• Continuing to talk to the accused: Every conversation can be twisted against you. Let your lawyer handle all communication.
• Engaging a lawyer who lacks domain experience: General civil lawyers may not know the procedural nuances of sexual offence trials — like how to preserve electronic evidence, how to cross-examine medical witnesses, or how to oppose bail effectively. An advocate who regularly handles criminal sexual offence cases will have a clear strategy for each stage, saving you time and stress.
• Posting about the case on social media: This can be used by the defence to character-assassinate you or claim you are filing a false case. Stay silent publicly until the trial ends.
• Not taking medical help: If there was physical contact, get a medical examination immediately. It's crucial evidence.

FAQs People Normally Have

What if the accused threatens me again after the FIR?

Report it immediately to the Investigating Officer. A fresh threat can lead to additional charges under Section 351 BNS and may also lead to cancellation of any bail he may have obtained.

Can I get a protection order or restraining order?

Yes. You can approach the Magistrate under Section 144 BNSS for a protection order against the accused. In serious cases, the court can also direct the police to provide security.

Will I have to face the accused in court?

Yes, if the case goes to trial, you may need to testify. But the court can make arrangements to protect your identity and ensure you are not intimidated. In-camera trials are common in sexual offence cases.

Is it too late if I didn't file a complaint immediately?

Not necessarily. Courts consider the victim's trauma and fear. However, you should explain the delay. File as soon as you feel safe enough to do so. A delay of a few weeks is usually excusable if you have a reasonable explanation.

What if the accused apologises and promises not to do it again?

That's a common tactic. The offence has already been committed. An apology does not erase the crime. You are not required to forgive or drop charges. The decision to continue prosecution rests with the State, not with you alone — though your input matters to the court.

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 criminal lawyer in Delhi — 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.