Mental Abuse and Threats From Ex-Partner – Legal Protection Options

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: Yes, you can file a police complaint for criminal intimidation and mental cruelty under the Bharatiya Nyaya Sanhita (BNS). A protection order under the Protection of Women from Domestic Violence Act, 2005 is also available. Gather all evidence — screenshots, messages, call recordings — and approach the local women's police station or magistrate. Do not wait. Act fast.

This is a true story. Names, places, and dates have been changed for privacy. But the legal reality? That's exactly as it happened.

A 24-year-old woman from Nagpur — let's call her Priya Sharma — walked into the Chamber of Advocate Sudhir Rao in early April 2025. Her hands were shaking. For two years, she had been in a relationship with Vikram Khanna, a senior manager at Reliance Retail. The relationship was toxic from the start. There was physical abuse — slaps, shoves, and worse. She never reported it. Vikram was the sole earner for his elderly parents and a younger brother. Priya feared that lodging a complaint would destroy his family's livelihood. So she stayed silent.

Then in late March 2025, the emotional torture resumed with a vengeance. Vikram had discovered that Priya was earning well at Infosys. He started threatening to leak her private messages to her HR department. He called her colleagues, spreading lies that she had misused company funds. He damaged her scooter's brake line — a clear physical threat. He even sent abusive messages to her younger sister's college principal, trying to get her expelled. Priya tried to handle it herself. She blocked him. She changed her number. Nothing worked.

That's when a friend referred her to the Chamber of Advocate Sudhir Rao. The office immediately understood the gravity. This wasn't just a break-up gone sour — it was a textbook case of criminal intimidation, mental cruelty, and a pattern that could escalate. Advocate Sudhir Rao and his office argued that Priya had suffered more than just emotional distress — she had suffered a domestic relationship that gave her rights under the Protection of Women from Domestic Violence Act, 2005 (DV Act). Earlier efforts to resolve things through family elders and informal mediation had failed completely. The specialised approach — combining a criminal complaint under Section 318 BNS (criminal intimidation), a DV Act petition, and a detailed application for an ex-parte protection order — turned the tide. Within ten days, the Nagpur Magistrate Court passed an interim protection order restraining Vikram from contacting Priya or approaching her workplace. The police also registered an FIR for criminal intimidation. The case is now in its final stages. Priya is safe. Her career is intact. Her family is no longer harassed.

Key Facts of the Case

• Priya and Vikram were in a domestic relationship for two years; they lived together for eight months.
• Physical abuse occurred in 2024 but was never reported.
• Mental abuse and threats resumed in late March 2025 — threats to career, reputation, and family safety.
• Vikram contacted Priya's employer (Infosys) and her sister's college with false allegations.
• Priya had preserved WhatsApp chats, call recordings, and screenshots of abusive messages.
• She approached the Chamber of Advocate Sudhir Rao in early April 2025.
• The Nagpur Magistrate Court granted an ex-parte interim protection order under the DV Act within 10 days.
• A criminal FIR under Section 318 BNS (criminal intimidation) was registered at the women's police station.

The Direct Legal Answer

Can I get a protection order against my mentally abusive ex-partner?
Yes. Under the Protection of Women from Domestic Violence Act, 2005 (DV Act), a "domestic relationship" includes relationships in the nature of marriage — even if you were not married. If you lived together in a shared household, you qualify. A magistrate can pass a protection order restraining the abuser from contacting you, approaching your workplace, or communicating in any form. You don't need to prove physical violence — mental cruelty and threats are covered.

Can I file a criminal complaint for threats and reputation damage?
Absolutely. Section 318 BNS (criminal intimidation) applies when someone threatens you with injury to your reputation or property. If the threat is coupled with an attempt to cause harm to your career or family, the police can register an FIR. Gather evidence of messages, call recordings, and witness statements.

Is it worth going to the police even if I didn't report the earlier physical abuse?
Yes. The past silence does not bar you from reporting the current threats and mental cruelty. The DV Act does not require prior complaints. And an FIR under the BNS can cover fresh offences even if older ones went unreported.

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.

Do not respond to further harassment. Keep all communication in writing. Do not meet the abuser alone — not even for a "final conversation." If you feel unsafe, approach the nearest women's police station or dial 181 (Women's Helpline). Also, change your phone number if he keeps calling from unknown numbers. That one change can buy you breathing room.

This category of case — mental cruelty, criminal intimidation, and reputation damage — involves nuanced procedural and evidentiary strategies that a general practitioner may not be fully familiar with. The DV Act's definition of "domestic relationship" and "shared household" is often misinterpreted. An advocate who regularly handles such matters will know exactly which magistrate to approach, how to frame the petition for an ex-parte order, and how to manage the parallel criminal complaint. That domain-specific experience makes a real difference in speed and outcome.

Applicable Sections of Law

• Section 318 BNS — Criminal intimidation: Whoever threatens another with injury to person, reputation, or property, intending to cause alarm, faces imprisonment up to two years, or fine, or both.
• Protection of Women from Domestic Violence Act, 2005 — Section 18 (Protection Orders), Section 19 (Residence Orders), Section 20 (Monetary Relief). The Act covers physical, sexual, verbal, emotional, and economic abuse.
• Section 352 BNS — Intentional insult with intent to provoke breach of peace: Covers verbal abuse and harassment.
• Section 74 BNS — Causing hurt by acts endangering life or personal safety (relevant if there was any physical contact or tampering with property).

Note: The old IPC sections (506, 509, 498A) have now been replaced by the BNS. All criminal complaints should reference the BNS.

Punishment and Penalties

• Section 318 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. Cognizable and non-bailable.
• Section 352 BNS (Intentional Insult): Imprisonment up to 1 year, or fine, or both. Cognizable and bailable.
• Protection of Women from Domestic Violence Act: Violation of a protection order is a cognizable and non-bailable offence, punishable with imprisonment up to 1 year or fine up to ₹20,000, or both.
• These offences are compoundable — meaning the parties can settle, but in cases of serious threat, the court may not permit compounding easily.

Jurisdiction — Where to File the Case

For a criminal complaint under the BNS, you must approach the police station that has territorial jurisdiction over the area where the threat was made or where you reside. If the police refuse to register an FIR, you can approach the Magistrate with a private complaint under Section 175(3) BNSS.

For a petition under the DV Act, you can file in the Magistrate Court (Judicial Magistrate First Class) within whose jurisdiction you ordinarily reside, or where the abuser resides, or where the domestic violence occurred. You do not need to be married — a domestic relationship is enough.

Jurisdiction matters because a wrong court can delay your case by weeks or months.

What if Police Refuse to File FIR?

Police reluctance is common in domestic abuse cases — especially if the victim is not married to the abuser. Here's what you 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 directly before the Judicial Magistrate First Class under Section 175(3) BNSS.
• File a writ petition before the High Court in extreme cases where there is a clear dereliction of duty.
• Simultaneously, send a legal notice to the abuser through an advocate — this creates a paper trail and often frightens the abuser into compliance.

Rights of the Accused

Even in cases of mental abuse, the accused has rights. Here are the key protections:

• Right to remain silent against self-incrimination (Article 20(3) of the Constitution).
• Right to legal representation (Article 22).
• Right to be produced before a Magistrate within 24 hours of arrest.
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to apply for bail — as the offences are mostly bailable or non-bailable but with possibility of bail.

These rights do not weaken your case — they just ensure due process.

Bail Provisions

Section 318 BNS (criminal intimidation) is bailable. However, if the abuser has a history of violence or has violated a protection order, the police may oppose bail. Under Section 482 BNSS (anticipatory bail), the accused can apply for pre-arrest bail if they fear arrest. Regular bail under Section 480 BNSS is available after arrest. The court may impose conditions — no contact with the victim, surrender of passport, etc. A good advocate will file for anticipatory bail at the right time to prevent the abuser from using bail as a pressure tactic.

Quashing of FIR / Case

Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings if there is no prima facie offence, the complaint is malicious, or the matter has been settled between the parties. In mental abuse cases, quashing is rarely granted because the nature of the offence — threat to reputation and career — is inherently serious. A defence lawyer will argue that the allegations are baseless. The court will examine the evidence — screenshots, call recordings, witness statements — before deciding. Do not assume the case will be quashed easily.

If You Are the Victim

• Save every message, email, and call recording — even if it's painful to revisit.
• Lodge a written complaint with the nearest women's police station — do not just call.
• Consider a protection order under the DV Act — it is enforceable and has criminal consequences if violated.
• Stop all direct communication with the abuser — have a lawyer or a trusted family member act as the point of contact.
• If you feel physically unsafe, move to a safe location temporarily — your safety comes first.

Documents You Must Keep Ready

• Aadhaar card or any government-issued ID
• Screenshots of all threatening messages (WhatsApp, SMS, email)
• Call recordings (check state laws on consent — but in Maharashtra, one-party consent recording is admissible in court)
• Any correspondence showing reputation damage (emails to your employer, messages to your family)
• Medical records if there was any physical injury (past or recent)
• Proof of domestic relationship — photos, rental agreements, joint bank statements, or any document showing you lived together
• List of witnesses — colleagues, friends, family members who observed the abuse
• Copy of any previous complaints (even if not registered) or notices sent to the abuser

What Evidence Is Required?

• Primary evidence: Direct threats — messages, emails, call recordings where the abuser threatens your career, reputation, or physical safety.
• Secondary evidence: Witness testimony — anyone who heard the threats, saw the messages, or observed the abuse.
• Documentary evidence: Letters, screenshots, and any communication sent to your employer or family.
• Circumstantial evidence: Sudden damage to property (like the scooter brake line in Priya's case), unexplained hostility at work after his interference.
• Expert evidence: In cases of extreme mental cruelty, a psychologist's report on the impact of the abuse may strengthen your case.
• Gather everything before filing. Evidence that is collected later can be challenged.

How the Police Behave in Such Cases

Police response varies hugely by station. In cities like Nagpur, women's police stations are generally trained to handle DV cases. But officers may still ask, "Are you married?" or "Why didn't you complain earlier?" This is normal. Do not get discouraged. Insist on registering the FIR. If the officer is dismissive, ask for the station house officer (SHO) or the women's cell helpline (181). In serious threat cases, police may arrest the abuser immediately if there is clear evidence. More commonly, they will issue a notice for appearance and then investigate. Stay calm, be firm, and keep your advocate informed at every step.

Timeline of Legal Process

• Step 1 (Week 1): File FIR at women's police station. Alternatively, file DV Act petition before Magistrate.
• Step 2 (Week 2-3): Police investigate — collect evidence, record statements. Magistrate grants ex-parte protection order if petition filed.
• Step 3 (Month 1-2): Chargesheet filed if sufficient evidence. Court takes cognizance and frames charges.
• Step 4 (Month 2-6): Trial — prosecution evidence, cross-examination of witnesses, defence evidence.
• Step 5 (Month 6-12): Judgment. If convicted, appeal can take 1-2 years.
• Overall: A DV Act protection order can come within 10 days. A criminal trial takes 6-12 months on average. With an experienced advocate, timelines can be reduced significantly.

How Long Will the Investigation Take?

Police investigation in criminal intimidation cases usually takes 30-60 days. The chargesheet must be filed within 60 days if the accused is in custody, or within 90 days if on bail (under Section 193 BNSS). If investigation is delayed, your advocate can file an application for speedy investigation.

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 only if the abuser genuinely stops the harassment. Section 318 BNS is compoundable — the parties can settle, and the court may discharge the accused if both sides agree. However, in cases involving threats to reputation or career, many courts are reluctant to permit compounding unless the victim is satisfied and the abuser has complied with conditions. Mediation is possible under the DV Act, but the magistrate can refuse mediation if there is a history of violence or intimidation. Lok Adalat can also settle these matters, but again, safety must come first. Never agree to a settlement if the abuser is still making threats.

Common Mistakes People Make

• Engaging a lawyer without relevant domain experience: A general practitioner may not know the nuances of the DV Act — like the definition of "domestic relationship" or the procedure for ex-parte protection orders. This can delay your case or even get it dismissed. Hire an advocate who regularly handles domestic violence and criminal intimidation cases.
• Delaying the complaint — waiting weeks to file gives the abuser time to destroy evidence or counter-allege.
• Deleting messages or call recordings thinking they are not needed — preserve everything.
• Responding to the abuser's messages — any reply can be twisted as consent or provocation.
• Posting about the abuse on social media — this can be used against you in court as defamation or harassment.
• Going to the police alone without an advocate — you may be pressured into a compromise or discouraged from filing.

FAQs People Normally Have

Can I get a protection order if I never lived with him?

The DV Act defines "domestic relationship" as living together in a shared household. If you never lived together, you may still file a criminal complaint under the BNS, but a DV Act petition may be harder. An advocate can advise on alternatives like a restraining order under Section 144 CrPC (now Section 163 BNSS).

Will filing a case affect my job?

Not if you file properly. Your name and details will be on the FIR, but the police and court are required to keep proceedings confidential. If the abuser contacts your employer, that itself becomes evidence of harassment. Many employers have zero-tolerance policies for harassment, so inform your HR if needed.

What if he doesn't have a job — can he still be punished?

Yes. Criminal intimidation and DV Act violations are punishable by imprisonment, not just fine. The court can also order him to pay monetary relief to you under the DV Act.

How long does a protection order last?

Interim protection orders are passed quickly — within days — and remain in force until the final disposal of the case. The final order lasts as long as the court deems necessary.

Can I file if he lives in a different city?

Yes. File where you reside, where the threat was made, or where the abuser resides. The court ensures that jurisdiction exists to protect you. Your advocate will handle the territorial aspects.

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

Advocate Sudhir Rao, Supreme Court of India