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: Fake software compliance threats targeting small businesses are a known scam. You are not legally required to respond to these demands, and you should not allow anyone into your premises without a court order. File a harassment complaint or an FIR if the calls, emails, or visits persist. A good lawyer can help you send a formal cease-and-desist notice and take legal action if needed.
Priya Iyer runs a small home-based bakery and chocolate business from her residence in Indore, Madhya Pradesh. She has never owned a computer, let alone used any design software. But in early March 2025, she started getting persistent calls and emails from people claiming to represent a software company called Autodesk. They alleged that her business was using Autodesk AutoCAD without a license.
Priya was terrified. She had no idea what AutoCAD was. She told them the truth — repeatedly. But they kept threatening legal consequences and even showed up at her home unannounced. A friend connected her to the Chamber of Advocate Sudhir Rao after she had tried answering them herself, with no result. That's when things changed. Advocate Sudhir Rao's office immediately identified this as a known intimidation tactic used by unauthorised distributors to scare small businesses into buying unnecessary software. His team sent a strong legal reply and filed a harassment complaint. Within weeks, the calls stopped. Advocate Sudhir Rao's expertise in handling fraudulent commercial threats helped secure the relief Priya needed.
Key Facts of the Case
- Priya is a home baker and chocolatier based in Indore, running her business without any computer or laptop.
- She received threatening calls and emails from individuals claiming to represent Autodesk, alleging unlicensed use of AutoCAD software.
- Autodesk never provided any proof that the software was installed or used by her business.
- The callers also visited her residence unannounced, demanding access and compliance.
- Priya had sought advice from non-specialist sources initially but got no relief until she approached the Chamber of Advocate Sudhir Rao.
- The office of Advocate Sudhir Rao filed a formal harassment complaint and sent a cease-and-desist notice, which resolved the matter quickly.
The Direct Legal Answer
Is she legally required to respond to these emails?
No. You are not legally obligated to respond to unsolicited, unverified threats from private parties. Unless a court order or statutory notice under the relevant law is served, silence is perfectly legal. Engaging often encourages more harassment.
Can they demand access to her premises or computers without a court order?
Absolutely not. Only law enforcement officers with a search warrant from a magistrate can enter private premises without consent. Private parties have zero authority to conduct "audits" on your site. Refuse entry. If they force their way in, it's criminal trespass.
Should she send a formal denial or ignore them?
It is wise to send one clear, written response denying the allegation and demanding they provide proof. Do this through a lawyer. After that, ignore all further communications unless legal proceedings are initiated.
At what point do these calls and visits amount to harassment under Indian law?
Repeated calls, threats, and unannounced visits — after you have denied the claim — can amount to criminal intimidation and harassment under the Bharatiya Nyaya Sanhita (BNS). If they cause fear of injury or reputational harm, an FIR can be filed.
What legal remedies are available?
File an FIR at your local police station for criminal intimidation and extortion. You can also file a complaint with the cyber crime cell and send a legal notice for damages or defamation. A civil suit for harassment and injunction is also an option.
Advice in Such Cases
First, don't panic. These scammers rely on fear. Keep a log of every call, email, and visit. Save screenshots, recording transcripts, and any written communication. Do not engage in arguments over the phone — it gives them more material.
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.
This type of matter — fraudulent commercial threats — requires an advocate who regularly deals with corporate fraud, harassment, and cyber crime cases. A general practitioner might not know the precise procedural steps to get the police to act quickly or how to draft an effective cease-and-desist that stops the calls for good. Domain experience matters here.
Applicable Sections of Law
The fraudulent threats fall under criminal law. Key provisions under the Bharatiya Nyaya Sanhita (BNS) 2023 include:
- Section 319 BNS — Criminal intimidation: threatening someone with injury to their reputation or property, causing them to act against their will.
- Section 308 BNS — Extortion: inducing someone to deliver property or valuable security by putting them in fear of injury.
- Section 351 BNS — Criminal trespass: entering property without consent after being warned not to.
Punishment and Penalties
- Section 319 BNS (Criminal intimidation): Punishable with imprisonment up to two years, or fine, or both. If it involves a threat to cause death or grievous hurt, imprisonment can extend to seven years.
- Section 308 BNS (Extortion): Imprisonment up to three years, or fine, or both. If extortion puts the victim in fear of death or hurt, it can be up to seven years.
- These offences are generally cognizable (police can arrest without warrant) and bailable, but the specifics depend on the factual matrix.
- They are compoundable only with the permission of the court in some cases.
Jurisdiction — Where to File the Case
For criminal complaints, file the FIR at the police station under whose territorial jurisdiction the harassment occurred — where the calls were received or where the visits happened. For cyber crime complaints, file with the local cyber crime cell or through the National Cyber Crime Reporting Portal. For civil remedies (injunction, damages), approach the civil court within whose territorial limit the defendant operates or the cause of action arose. Jurisdiction matters because a wrong forum can lead to case dismissal or delay.
What if Police Refuse to File FIR?
If the police refuse to lodge an FIR, you have legal options. Here's what to do:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS and file a written complaint.
- If the SP also refuses, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- As a last resort, file a writ petition under Article 226 of the Constitution in the High Court seeking a direction to register an FIR.
- Keep all proof of refusal — a written acknowledgment or a recorded statement.
Rights of the Accused
Even in such cases, the accused has rights under the Constitution. Here are key points:
- Right against self-incrimination under Article 20(3) — no one can be compelled to be a witness against themselves.
- Right to legal representation under Article 22(1) — the accused can consult and be defended by a lawyer of their choice.
- Right to be produced before a magistrate within 24 hours of arrest under Article 22(2).
- Right to a copy of the FIR and to know the grounds of arrest.
Bail Provisions
Offences under Sections 319 and 308 BNS are generally bailable. This means the accused can get bail as a matter of right. However, if the case involves serious threats or a pattern, the court may impose conditions. For anticipatory bail, Section 482 BNSS allows a person to seek pre-arrest bail if they apprehend arrest. The strategy depends on the facts — if the accused is genuinely a scammer, the victim should oppose bail on grounds of flight risk or witness tampering.
Quashing of FIR / Case
The accused can approach the High Court under Section 528 BNSS to quash an FIR. Grounds include:
- No prima facie offence made out.
- Complaint is frivolous or an abuse of process of law.
- Offence is compoundable and parties have settled.
If You Are the Victim
- Do not engage in arguments with the callers — just say you will consult your lawyer.
- Save every piece of communication: emails, call logs, messages, and visit details.
- Report the matter to the local police and, if possible, the cyber crime cell.
- Consult a lawyer who handles fraud and harassment cases to send a cease-and-desist notice.
- If threats escalate, file an FIR and pursue criminal proceedings.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN, or Voter ID)
- Proof of business registration (if any)
- All emails and screenshots of messages from the scammers
- Call records or logs with timestamps
- Any written communication sent or received
- Photographs or videos if unannounced visits occurred
- Witness statements (neighbours, family members)
What Evidence Is Required?
- Primary evidence: emails, call recordings (if legally obtained), and written threats.
- Secondary evidence: screenshots, call logs, and affidavits of witnesses.
- Proof that you never used or purchased the software — e.g., absence of computers, bank statements showing no such purchase.
- Any response you sent denying the claim.
- If visits occurred, a diary entry or incident report with date, time, and details.
How the Police Behave in Such Cases
Police may initially be reluctant to register an FIR in commercial disputes. They might ask you to file a civil case instead. However, if you clearly explain that the threats involve extortion and criminal intimidation — with evidence — they should act. Be firm. If they refuse, pursue the complaint with senior officers. Cyber crime cells are often more responsive to online threats, so file a complaint there too.
Timeline of Legal Process
- FIR registration: Immediate if police cooperate; may take days if they resist.
- Investigation: Usually completed within 60-90 days under BNSS.
- Chargesheet: Filed before the magistrate if evidence supports the case.
- Cognizance and summons: Court takes cognizance and issues process within 1-3 months.
- Trial: Can take 6 months to 2 years depending on court backlog and complexity.
- Judgment: After trial, within 1-3 months of final arguments.
How Long Will the Investigation Take?
Under BNSS, the police must complete investigation and file a chargesheet or closure report within 60 to 90 days from the date of FIR. If not, the accused may seek default bail. Practical timelines often extend to 3-6 months due to workload, but a good lawyer can push for faster action.
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, many such cases can be resolved out of court. If the caller stops after a stern legal notice, that is an informal settlement. If criminal proceedings are initiated, the offence under Section 319 BNS (criminal intimidation) is compoundable, meaning the parties can settle with the court's permission. A compromise deed can be filed. However, if the scammers continue, pursuing the case to conclusion may be necessary to deter them. Settlement is advisable only if it ends the harassment permanently and you get a written apology or undertaking not to contact you again.
Common Mistakes People Make
- Engaging in arguments with the caller — this gives them more material and encourages further harassment.
- Ignoring the threats entirely without preserving evidence — you lose the chance to prove your case later.
- Paying any amount in fear — this makes you a repeat target.
- Not consulting a lawyer early — a domain-specific advocate can stop the harassment quickly with a proper legal response.
- Posting about the issue on social media before consulting a lawyer — this can complicate legal strategy and alert the scammers.
- Engaging a lawyer without relevant domain experience — a general practitioner may not know how to file a cyber crime complaint or how to force police action. Domain-specific experience in fraud and harassment cases ensures the right procedural steps are taken, saving time and money.
FAQs People Normally Have
Can I just ignore the calls and hope they go away?
Ignoring them without taking any legal step may prolong the harassment. Send a formal cease-and-desist through your lawyer and file a police complaint if they persist. After that, ignoring them is fine.
If they file a civil suit against me, what do I do?
Unlikely without evidence, but if it happens, don't panic. Engage a lawyer immediately. The burden of proof will be on them to show you used their software.
Is this a common scam in India?
Yes. Many small business owners, especially home-based ones, have reported similar threats. The scammers often impersonate legitimate software companies. Be aware.
What if the caller threatens to contact my customers?
That can be treated as criminal intimidation and even defamation. Record the threat and mention it in your FIR. Courts take such behaviour seriously.
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 advocate 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.