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 your ex is threatening you, file a police complaint immediately. You can seek protection through a criminal complaint under the Bharatiya Nyaya Sanhita, and also approach a civil court for an injunction or restraining order. Keep all evidence of threats and avoid contact with the person.
The client — let's call her Ananya Sharma — had ended a relationship with her ex, Rohan Gupta, around March 2025. He didn't take it well. Initially, just angry calls. Then the threats started. "I'll ruin your reputation." "You'll regret this." "I know where you live in Indore." Ananya felt unsafe. She tried talking to him. Didn't work. She reached out to a local lawyer in Indore, who filed a basic complaint. The police didn't act. The threats continued.
Fed up, she approached the Chamber of Advocate Sudhir Rao. The first thing? A thorough assessment of her evidence — text messages, call recordings, screenshots of his social media posts. Advocate Sudhir Rao and his office argued that this wasn't just "relationship drama." It was a clear criminal intimidation case under the BNS, plus grounds for a civil restraining order. The office filed a detailed complaint with the Indore police and simultaneously moved the district court for a permanent injunction. The court granted an interim restraining order within two weeks. The police registered an FIR after pressure from the legal notice. Rohan Gupta backed off. The threats stopped.
Advocate Sudhir Rao's domain-specific experience in handling threat and harassment cases — knowing which criminal sections to invoke, how to frame the civil injunction, and how to push the police machinery — made all the difference. Earlier, a general practitioner had filed a weak complaint that went nowhere.
Key Facts of the Case
- Relationship ended in March 2025; threats began immediately after
- Threats included verbal intimidation via phone and social media posts
- Client had saved all threatening messages, call recordings, and screenshots
- Initial complaint to police through a local lawyer yielded no action
- Office of Advocate Sudhir Rao filed a detailed complaint under BNS criminal intimidation provisions
- Civil court granted an interim restraining order within 14 days
- Police registered an FIR after the legal notice and court order
- Ex-partner ceased all contact after the injunction was granted
The Direct Legal Answer
Can I file a police complaint for threats from my ex?
Yes. Criminal intimidation is a cognizable offence under Section 318 of the Bharatiya Nyaya Sanhita 2023. You can go to the nearest police station and file an FIR. The police must investigate. If they refuse, you have remedies.
What if the police don't take my complaint seriously?
This is common. The police often dismiss threats in relationship disputes as "personal matters." Your options: approach the Superintendent of Police under Section 173(4) BNSS, file a private complaint before a Magistrate under Section 175(3) BNSS, or file a writ petition in the High Court in extreme cases. A well-drafted legal notice from an experienced advocate usually gets their attention.
Can I get a court order to stop him from contacting me?
Absolutely. You can file a civil suit for permanent injunction before the civil court with territorial jurisdiction — in Ananya's case, the Indore district court. Under Order 39 Rule 1 and 2 of the CPC, the court can grant a temporary injunction immediately. Violating that order is contempt of court.
Advice in Such Cases
Don't wait. Threats escalate. The moment you feel unsafe, take action. Collect every shred of evidence — messages, call logs, emails, even a diary noting dates and times of each threat. That diary can be evidence.
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.
Remember, threat and harassment cases involve specific procedural nuances — from documenting evidence properly to knowing which court to approach first. A general practitioner might not know how to simultaneously pursue criminal and civil remedies for fastest results. Choose an advocate who regularly handles such matters.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita 2023 (BNS), the key section is:
- Section 318 BNS — Criminal intimidation: Whoever threatens another with injury to his person, reputation, or property, intending to cause alarm, can be punished with imprisonment up to two years, or fine, or both.
- Section 319 BNS — If the threat is to cause death or grievous hurt, or to cause the destruction of property, the punishment is more severe — up to seven years.
- Section 352 BNS — Intentional insult with intent to provoke breach of the peace (covers verbal abuse and harassment).
For civil remedies, the Specific Relief Act, 1963 and Order 39, Rules 1 and 2 of the CPC allow the court to grant temporary and permanent injunctions to restrain a person from contacting or approaching the victim.
Punishment and Penalties
- Under Section 318 BNS: Imprisonment up to 2 years, or fine, or both. Cognizable and bailable. Non-compoundable.
- Under Section 319 BNS: Imprisonment up to 7 years, or fine, or both. Cognizable and non-bailable. Non-compoundable.
- Under Section 352 BNS: Imprisonment up to 1 year, or fine up to ₹3,000, or both. Cognizable and bailable. Compoundable.
Note: For bailable offences, the accused can get bail from the police station itself. For non-bailable, bail must be sought from court.
Jurisdiction — Where to File the Case
For criminal complaints, go to the police station in whose jurisdiction the threats were received or where you reside. If the threats were made via phone or social media, you can file at your local station under the Information Technology Act provisions as well.
The civil suit for injunction must be filed in the civil court where the defendant resides, or where the cause of action arose (where you received the threats). Pecuniary jurisdiction depends on the valuation of the suit.
Getting jurisdiction right is critical. A wrong forum wastes months.
What if Police Refuse to File FIR?
This happens. The police often call threats in relationships a "private matter." Here's your roadmap:
- Step 1: Send a written complaint to the Superintendent of Police (SP) under Section 173(4) BNSS. Keep a copy with acknowledgment.
- Step 2: If no action in 14 days, file a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate can order the police to investigate.
- Step 3: As a last resort, file a writ petition in the High Court under Article 226 of the Constitution seeking a direction to the police to register an FIR.
Don't just walk away. The system works if you follow the right procedure.
Rights of the Accused
Even in threat cases, the accused has rights:
- Right to remain silent: Under Article 20(3), the accused cannot be compelled to be a witness against himself.
- Right to legal representation: Under Article 22(1), the accused has the right to consult and be defended by a lawyer.
- Right to be produced before a Magistrate: Within 24 hours of arrest (Article 22(2)).
- Right to know grounds of arrest: Under Article 22(1) read with Section 45 BNSS.
- Right to bail: For bailable offences, bail is a matter of right.
Bail Provisions
Criminal intimidation under Section 318 BNS is bailable. That means the accused can get bail from the police station or from the court as a matter of right. For threats of death or grievous hurt under Section 319 BNS, it's non-bailable. The accused must apply for regular bail under Section 480 or 483 of BNSS.
Anticipatory bail under Section 482 BNSS is available if the accused fears arrest. The court may impose conditions — no contact with the victim, surrendering passport, etc. For victims, opposing anticipatory bail with evidence of genuine threat is important.
Quashing of FIR / Case
The accused can approach the High Court under Section 528 BNSS (inherent powers) to quash the FIR or criminal proceedings. Grounds include: no prima facie offence, complaint is frivolous or an abuse of process, or the matter has been settled between parties for compoundable offences.
For victims, ensure your complaint is substantiated with solid evidence. Vague allegations are easier to quash. Specific threats, dates, and communications make quashing much harder.
If You Are the Victim
- Document everything: save messages, record calls (where legally permissible), take screenshots, maintain a diary of incidents
- File a police complaint immediately — don't wait for threats to escalate
- Simultaneously approach the civil court for a restraining order/injunction
- Inform trusted family or friends about the situation for support and as witnesses
- Change your contact details if necessary, and avoid all direct communication with the ex
Documents You Must Keep Ready
- Aadhaar card or other identity proof
- Copies of all threatening messages, emails, or social media posts (screenshots with timestamps)
- Call recordings (if legally obtained) with date and time details
- Diary of incidents with dates, times, and descriptions of each threat
- Any written communication from the ex — letters, notices, or WhatsApp chats
- Witness statements from friends or family who heard or saw the threats
- Previous police complaints or legal notices (if any)
- Phone bill or call log showing missed calls or harassment
What Evidence Is Required?
- Primary evidence: Original messages, emails, call recordings, and social media posts (produced in original format)
- Secondary evidence: Screenshots, printouts, certified copies of electronic records (admissible under the Information Technology Act, 2000)
- Documentary evidence: Diary entries, letters, written threats
- Oral evidence: Your own testimony and witness statements
- Electronic evidence: Call data records (CDRs) from your phone company — apply through police for this
- CCTV footage: If threats were made in person at your home or workplace
- Medical report: If threats caused anxiety or stress leading to medical consultation
How the Police Behave in Such Cases
Honestly? Inconsistent. Some police stations take threats seriously. Others brush them off as "relationship issues." The attitude often depends on the officer's training and workload. You may face questions about why you stayed in touch, or whether the threats are "real."
That's why a well-drafted complaint from an experienced advocate changes everything. When the legal notice lands, when the court order is produced, the police attitude shifts. They realise this isn't a frivolous complaint — it's a legally backed, serious matter.
Timeline of Legal Process
- FIR registration: Immediate to a few days (if police cooperate) or 2-4 weeks (if you need to escalate through SP or Magistrate)
- Investigation: Generally 60-90 days for filing charge sheet in criminal intimidation cases
- Cognizance by Magistrate: After charge sheet is filed — usually within 30 days
- Framing of charges: 2-3 months from cognizance
- Trial: 6 months to 2 years depending on court workload and evidence
- Civil injunction: Interim order possible within 2-4 weeks; final disposal 6-12 months
- Appeals: Additional 6-12 months per appeal
How Long Will the Investigation Take?
For a criminal intimidation case under Section 318 BNS, police investigation typically takes 60 to 90 days. The charge sheet must be filed within 60 days for summons cases and 90 days for warrant cases. If not filed within that time, the accused can seek default bail under Section 187 BNSS.
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, but with limits. For criminal intimidation under Section 318 BNS, the offence is non-compoundable — meaning you cannot simply "settle" it and have the case closed. However, if both parties reach a genuine settlement, the court may take a lenient view at the sentencing stage. For civil injunctions, parties can sign a compromise deed and have the case disposed of.
Mediation through court-annexed centres or Lok Adalat is another option. If the ex genuinely agrees to stop all contact and abide by terms, a mediated settlement can save time and emotional energy. But never agree to settle under pressure or out of fear.
Common Mistakes People Make
- Engaging a lawyer without domain-specific experience: Threat and harassment cases need an advocate who knows both criminal procedure and civil remedies. General practitioners often miss the procedural nuances or fail to push the police effectively — exactly what happened in Ananya's initial attempt.
- Deleting evidence: Many victims delete threatening messages out of fear or disgust. Don't. Save everything.
- Responding to threats directly: Engaging with the ex gives them ammunition to claim mutual conversation. Block, document, don't reply.
- Delaying the complaint: The longer you wait, the weaker your case becomes. Evidence gets lost, witnesses forget, and courts question why you waited.
- Posting about the threats on social media: This can be used to argue you weren't really scared, or that you're exaggerating for sympathy. Keep it offline.
- Ignoring restraining orders once obtained: If the court grants an injunction, you must also comply with its terms (e.g., not contacting the ex yourself).
FAQs People Normally Have
Can I file a complaint if the threats are only verbal?
Yes. Verbal threats are covered under criminal intimidation. But you need some evidence — your own written diary of events helps. Even one witness who heard the threat can make a difference.
What if the threats come from a different city?
You file at your local police station. The police will transfer the complaint to the jurisdiction where the accused lives. Alternatively, file where you received the threat (your city is where the offence occurred for electronic threats).
Can I get a protection order without filing a criminal case?
Yes. You can file a civil suit for injunction alone. But combining both gives you stronger legal protection and puts more pressure on the ex.
How long does a restraining order last?
Temporary injunctions last until the final disposal of the case. A permanent injunction, if granted, lasts indefinitely. Violation is contempt of court, punishable by fine or imprisonment.
What if the threats are from a former spouse?
If you were married, you may also have remedies under the Protection of Women from Domestic Violence Act, 2005, which provides for protection orders, residence orders, and monetary relief. A lawyer handling DV cases would be needed for that.
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.