Persistent Harassment from Unknown Numbers – Legal Remedies 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: You can file a complaint at your local police station under relevant provisions of the Bharatiya Nyaya Sanhita (BNS) for criminal intimidation and harassment. If the police refuse to act, you can approach a Magistrate. Blocking calls is a temporary solution — legal intervention is often necessary to stop persistent harassment from known persons.

The story below involves a client who faced a similar situation. The client had a past financial issue with a known person. That matter was fully resolved. Months later, the same person started calling incessantly from new numbers, dragging the client into a dispute involving a third party. The client filed a complaint with the Cyber Crime portal but got no response for weeks. The client approached the Chamber of Advocate Sudhir Rao after feeling helpless. Advocate Sudhir Rao and his office advised filing a direct complaint at the local police station under Section 351 BNS (criminal intimidation) and Section 79 BNS (word, gesture or act intended to insult the modesty of a woman, where applicable). The police registered an FIR after the client insisted on a written complaint. The matter was then investigated. The accused was summoned and warned. Within a month, the calls stopped completely. The specialised handling of the procedural requirements — including proper documentation of call logs, recordings, and the identity of the caller — made the difference. Earlier efforts through the Cyber Crime portal alone had not yielded any result.

Key Facts of the Case

• The client had a financial issue with the accused which was fully resolved over a year before the harassment started.
• The accused began calling the client repeatedly, making accusations about a third party (a woman) and using abusive language.
• The client blocked the accused's number, but the accused continued calling from different, unknown numbers.
• The client filed a complaint on the Cyber Crime portal and received no response for over three weeks.
• The office of Advocate Sudhir Rao advised filing a direct written complaint at the local police station under Section 351 BNS (criminal intimidation) and Section 79 BNS (where applicable).
• The police registered an FIR and investigated the matter. The accused was summoned and warned, after which the harassment ceased.

The Direct Legal Answer

What should I do if the Cyber Crime portal does not respond?

Don't wait indefinitely. File a written complaint at your local police station. Under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), if the police refuse to register an FIR, you can approach the Superintendent of Police. If that also fails, file a private complaint before a Magistrate under Section 175(3) BNSS. The police cannot refuse to register a cognizable offence — persistent harassment and criminal intimidation are both cognizable.

Will blocking calls make the person stop?

It rarely does when the caller is determined and knows you personally. Blocking is a temporary measure. The person will keep finding new numbers. Legal action — an FIR or a complaint before a Magistrate — creates a record and puts the person on notice. In most cases, that itself stops the behaviour.

Advice in Such Cases

First, preserve every piece of evidence — call logs, recordings (if legally obtained), messages, and screenshots. Do not delete anything. Do not engage with the caller beyond a clear, one-time warning to stop. Every conversation after that can be twisted.

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 — persistent harassment by a known person — involves nuanced procedural steps. A general practitioner may not be fully familiar with how to document the evidence, how to approach the police for a cognizable offence, or how to escalate if the police refuse. An advocate who regularly handles criminal complaints will know exactly what to present, when, and to which authority. That domain-specific experience often makes the difference between a stalled complaint and a resolved case.

Applicable Sections of Law

• Section 351 BNS (Bharatiya Nyaya Sanhita, 2023): Criminal intimidation — threatening someone with injury to their person, reputation, or property, causing alarm. Punishable with imprisonment up to two years, or fine, or both.
• Section 79 BNS: Word, gesture or act intended to insult the modesty of a woman — applies if the harassment includes gender-specific abuse or threats.
• Section 127(2) BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023): Registration of FIR for cognizable offences — police must register an FIR if the information discloses a cognizable offence.
• Section 173(4) BNSS: Supervisory powers of senior police officers — approach the SP if the local police refuse to register FIR.
• Section 175(3) BNSS: Filing a private complaint before a Magistrate when police refuse to act.

Punishment and Penalties

• Section 351 BNS: Imprisonment up to two years, or fine, or both. The offence is cognizable and bailable. It is compoundable (can be settled between parties with court permission).
• Section 79 BNS: Imprisonment up to one year, or fine, or both. Cognizable and bailable. Non-compoundable.
• Fine under both sections is at the court's discretion, typically ranging from a few thousand to several lakh rupees depending on the severity and impact.

Jurisdiction — Where to File the Case

You must file the complaint at the police station having territorial jurisdiction over the area where the calls are received — that is, your location, not the caller's. For criminal intimidation under Section 351 BNS, the offence is deemed to occur where the threat is perceived. If you are in Pune and the caller is in Delhi, the FIR can be lodged in Pune. For civil remedies, the court with pecuniary jurisdiction (up to the value of the claim, if any) would be the appropriate forum. Jurisdiction matters because a complaint filed in the wrong police station or court will be returned or transferred, causing delay.

What if Police Refuse to File FIR?

It happens. Some police stations are reluctant to register FIRs for phone-call harassment cases. Here's what to do:

• Step 1: Write a detailed complaint with all evidence attached. Demand a written acknowledgment or a diary number. If refused, take a signed refusal or note the names and badges of the officers.
• Step 2: Approach the Superintendent of Police (SP) under Section 173(4) BNSS. The SP can direct the local police to register an FIR.
• Step 3: If the SP also refuses, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can order the police to investigate.
• Step 4: As a last resort, file a writ petition before the High Court under Article 226 of the Constitution seeking a direction to register FIR.

Rights of the Accused

Even if you are the victim, it is useful to know the accused's rights — it helps you understand the process:

• Right against self-incrimination (Article 20(3)): The accused cannot be compelled to be a witness against themselves.
• Right to legal representation (Article 22): The accused has the right to consult and be defended by a lawyer of their choice.
• Right to be produced before a Magistrate within 24 hours: Mandatory for any arrest — otherwise the arrest becomes illegal.
• Right to a copy of the FIR: The accused is entitled to a copy of the FIR after it is registered.
• Right to know the grounds of arrest: Must be informed immediately at the time of arrest.

Bail Provisions

• Offence under Section 351 BNS: Bailable — the accused can apply for bail at the police station itself or before the Magistrate. The court typically grants bail on a personal bond of a few thousand rupees.
• Anticipatory bail (Section 482 BNSS): Available if the accused fears arrest. The court may grant pre-arrest bail with conditions like not contacting the victim.
• Regular bail (Section 480/483 BNSS): For bailable offences, bail is a matter of right. For non-bailable offences (not applicable here), the court has discretion.
• Bail strategy often involves the victim opposing bail on grounds of continued harassment or risk of tampering with evidence. But given the bailable nature, the court will likely grant bail in most cases.

Quashing of FIR / Case

• Under Section 528 BNSS: The High Court has inherent powers to quash an FIR or criminal proceedings if they amount to an abuse of process of law or if no prima facie offence is made out.
• Grounds for quashing: Lack of evidence, civil dispute disguised as criminal case, compromise between parties (for compoundable offences), or where continuing proceedings would be futile.
• When it is viable: If the case is weak on evidence or if the dispute has been genuinely resolved, quashing is a viable strategy. But for a well-documented harassment case with call logs and recordings, quashing is less likely.

If You Are the Victim

• Stop answering calls from unknown numbers. Let them go to voicemail.
• Preserve all evidence — call logs, recordings, messages, screenshots. Do not delete anything.
• Send a single, clear message or email to the caller: "Stop contacting me. Any further communication will be reported to the police." Keep a copy.
• File a written complaint at your local police station immediately. Do not rely solely on online portals.
• Consult a criminal law advocate to guide you through the process — especially if the police show reluctance.

Documents You Must Keep Ready

• Identity proof: Aadhaar card, PAN card, or voter ID
• Proof of residence (electricity bill, rental agreement, etc.)
• Call logs from your phone (screenshots or telecom operator records)
• Recordings of calls (ensure they are legally obtained — do not record illegally)
• Messages and screenshots from messaging apps or SMS
• Any prior communication (emails, letters) related to the harassment
• Diary of incidents — date, time, duration, content of each call
• Copy of any earlier complaint (e.g., Cyber Crime portal acknowledgment)

What Evidence Is Required?

• Primary evidence: Call recordings (if legally obtained with consent or in a public context), messages, and your own written statement.
• Secondary evidence: Call logs from the telecom provider, screenshots, and witness statements if anyone else witnessed the calls.
• Documentary evidence: Any letters, emails, or messages showing the caller's identity and pattern of behaviour.
• Forensic evidence: In some cases, the police may obtain call data records (CDRs) from the telecom provider to establish the frequency and duration of calls.
• Corroborative evidence: Your diary of incidents, detailing dates, times, what was said, and how it made you feel.
• Primary evidence is strongest. Calls recorded without the other party's knowledge may not be admissible in court — but they can still help the police during investigation.

How the Police Behave in Such Cases

Police attitude varies. In many stations, phone-call harassment cases are seen as minor or "private disputes." Officers may try to mediate or tell you to block the number. That is not acceptable. You have the right to insist on an FIR if the offence is cognizable. If you face reluctance, cite Section 127(2) BNSS — the police are duty-bound to register an FIR for any information disclosing a cognizable offence. Be firm, polite, and carry all evidence. If the local police still refuse, escalate to the SP or approach a Magistrate.

Timeline of Legal Process

• Filing complaint: 1 day — file written complaint at police station. Get acknowledgment or diary number.
• FIR registration: Same day or within 48 hours — if the offence is made out.
• Investigation: 30 to 90 days — police collect evidence, record statements, and may call the accused for questioning.
• Chargesheet: Within 60 to 90 days from arrest (if accused is in custody) or within 6 months without arrest.
• Cognizance by Magistrate: 1 to 4 weeks after chargesheet is filed.
• Trial: 6 to 18 months — depending on court backlog and complexity.
• Judgment: Final hearing may take a few months. Simple cases can conclude faster.
• Appeal: If convicted or acquitted, either party can appeal to the Sessions Court or High Court.

How Long Will the Investigation Take?

For a straightforward harassment case with clear call logs and recordings, the police investigation typically takes 30 to 60 days. The investigating officer will record your statement, collect call records from the telecom provider, and summon the accused. If the accused cooperates and the evidence is strong, the police may file a chargesheet within 60 days. If the accused is not located or evades summons, the investigation can stretch to 90 days or more.

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. The offence under Section 351 BNS is compoundable — meaning the victim and accused can settle the matter with the court's permission. If the accused stops calling and apologises, and you are willing to close the case, you can file a compromise petition before the Magistrate. The court will record the settlement and acquit the accused. However, if the harassment involved threats of violence or sexual abuse (Section 79 BNS), the matter is non-compoundable and cannot be settled out of court. Mediation or Lok Adalat is not typical for criminal intimidation cases but can be attempted if both parties agree.

Common Mistakes People Make

• Engaging a lawyer without domain-specific experience: A general practitioner may not know the correct provisions of BNS/BNSS or the procedure for escalating a police refusal. An advocate who regularly handles criminal complaints will handle evidence and procedural strategy more effectively.
• Deleting call logs or messages: Many victims delete evidence because the messages are abusive or distressing. Do not. Every piece of evidence is crucial.
• Continuing to answer calls and argue: Engaging with a manipulative caller only gives them more material. Stop answering after one clear warning.
• Relying only on online portals: Cyber Crime portals are useful but slow. A physical complaint at the local police station has more immediate effect.
• Not keeping a diary of incidents: Without a written record, the case becomes vague. Note each call — date, time, duration, what was said.
• Talking to the accused without counsel present: Anything you say can be twisted. Do not negotiate or discuss the case directly.

FAQs People Normally Have

How do I prove that the caller is a known person if they call from new numbers?

You can prove it through the content of the calls — the caller mentions your name, past events, and specific details that only a known person would know. The police can also trace the new numbers through telecom records.

Can I sue for mental harassment?

Yes. Criminal intimidation under Section 351 BNS covers mental harassment. You can also file a civil suit for damages, but criminal proceedings are usually faster and more effective in stopping the behaviour.

What if the caller lives in another city?

You file the complaint where you receive the calls — that is your local police station. The police will coordinate with the other city's police via mutual legal assistance. Do not let jurisdiction stop you.

Is it worth hiring a lawyer for a small harassment case?

Yes. A lawyer ensures the complaint is properly drafted, the police do not turn you away, and that you know your rights at every stage. The consultation fee is an investment in your peace of mind.

Will the police arrest the caller immediately?

Not necessarily. For a bailable offence like Section 351 BNS, the police typically issue a notice to the accused first. Arrest happens only if the accused fails to cooperate or if the harassment involves threats of violence.

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 Delhi criminal defence lawyer — 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.