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 harasses you with threatening and abusive phone calls — even after you’ve repaid a debt — you can file a police complaint and an online cybercrime report. Criminal intimidation and defamation are clearly offences under the Bharatiya Nyaya Sanhita, 2023. Save all call logs, recordings, and messages as evidence, and do not engage with the abuser.
In late 2024, a final-year student from Kochi approached the office of Advocate Sudhir Rao. He had borrowed ₹12,000 from an acquaintance, Rahul Sharma, and repaid the full amount by November 2024. But Rahul kept calling from multiple numbers — sometimes using a third person to shout abuse and threaten him. The calls escalated. They even reached the student’s grandmother. The student felt helpless. He tried ignoring the calls, but that only made things worse.
Before coming to us, he had tried speaking to a local lawyer who advised him to "just block the numbers." That didn't stop the calls. The harassment continued. He then approached our chamber. Advocate Sudhir Rao’s expertise in criminal intimidation and cyber-harassment cases made the difference. We helped him log a proper complaint — first online at the cybercrime portal, then a written FIR at the local police station in Kochi. The police issued a notice to Rahul within 48 hours. The calls stopped after that.
Key Facts of the Case
- The debt of ₹12,000 was fully repaid by November 2024 — no amount remained due.
- The harasser, Rahul Sharma, used multiple phone numbers and also had a third person call to abuse the victim.
- Calls were made to the victim's grandmother’s number, causing mental distress to the family.
- The victim had saved call logs, WhatsApp messages, and a recording of one abusive call.
- The office of Advocate Sudhir Rao guided the filing of a complaint on the cybercrime portal and a written FIR at the local police station.
- Police action was taken under relevant BNS sections for criminal intimidation and using abusive language.
- The harassment ceased after police intervention, within 48 hours of the complaint.
The Direct Legal Answer
Yes, you can take legal action. The repeated calls and threats after full repayment are not just rude — they are criminal. Indian law treats this as criminal intimidation and harassment. Here’s how to handle the specific issues raised:
What if he keeps calling from different numbers?
That doesn't make him invisible. You can still file an FIR. The police can trace any mobile number using call detail records (CDRs) from the telecom provider. Save every number he calls from.
What if a third person calls to abuse me?
That makes it worse. The person who calls to abuse you is also committing an offence. Both the caller and Rahul can be made accused. The evidence of the call — recordings, timestamps, logs — is crucial.
Should I wait for it to happen again before filing a complaint?
No. File the complaint now. Each fresh incident is a separate offence, but you don’t have to wait for another. A single complaint covering all incidents is valid and preferred.
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.
First, stop all direct communication with the harasser. Do not argue, explain, or try to prove you are innocent of his false accusations. Every response gives him more material. Let your lawyer and the police handle it.
Second, gather your evidence. Screenshots of WhatsApp messages. Call logs from your phone. Recordings of abusive calls — but be aware that recording a call without consent may have admissibility limits; save it anyway as corroborative evidence. A lawyer experienced in such matters knows exactly what format and procedure the courts accept.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the key sections are:
- Section 318 BNS — Criminal intimidation: threatening someone with injury to their reputation or person, causing them fear or alarm.
- Section 319 BNS — Attempt to extort: using threats to force someone into doing something against their will (if the caller demands anything further).
- Section 79 BNS — Using obscene or abusive language or gestures to insult someone — applicable if the caller uses vulgar words.
- Section 356 BNS — Defamation: falsely accusing someone of interfering in a relationship, damaging their reputation — this can also be a part of the complaint.
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police have the power to investigate and file a chargesheet. The victim can file a private complaint before a Magistrate under Section 173 BNSS if police refuse to act.
Punishment and Penalties
- Section 318 BNS: Imprisonment up to 2 years, or fine, or both. If the threat is to cause death or grievous hurt, imprisonment up to 7 years and fine.
- Section 79 BNS: Imprisonment up to 1 year, or fine, or both (for using obscene words in public or over phone).
- Cognizable / Non-cognizable: Section 318 BNS (simple type) is non-cognizable – but if it involves threat to cause death/grievous hurt, it becomes cognizable. However, the court can order police investigation even for non-cognizable offences.
- Bailable / Non-bailable: For a simple intimidation, it is bailable. For threat to cause death/grievous hurt, it is non-bailable.
- Compoundable: Yes, with the permission of the court – if both parties agree to settle.
Jurisdiction — Where to File the Case
For phone-based harassment, the victim can file the FIR at the police station within whose territorial jurisdiction the calls were received. That is, the police station covering your home or college area. Alternatively, you can file an online complaint at the National Cyber Crime Reporting Portal (cybercrime.gov.in) which is jurisdiction-neutral. If the matter goes to court, the Magistrate court of that same territorial jurisdiction will hear it. Jurisdiction matters because the wrong jurisdiction can delay the case significantly — filing in the right place ensures quick police response.
What if Police Refuse to File FIR?
Sometimes police say "go and compromise" or "it's a civil matter." That's wrong. Here's what to do:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS and submit a written representation with all evidence.
- If the SP also refuses, file a private complaint before the Magistrate under Section 175(3) BNSS — the Magistrate can direct the police to investigate.
- File a writ petition in the High Court under Article 226, seeking a direction to the police to register an FIR.
- Remember: for a cognizable offence, the police must register an FIR — they have no discretion to refuse.
Rights of the Accused
- Right to remain silent — cannot be forced to confess (Article 20(3) of the Constitution).
- Right to legal representation — the accused has the right to consult and defend himself through a lawyer (Article 22(1)).
- 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 bail if the offence is bailable or if the court grants regular bail.
Bail Provisions
For a simple criminal intimidation under Section 318 BNS, the offence is bailable. That means the accused can be released on bail by the police itself upon executing a bond. For the non-bailable variant (threat to cause death/grievous hurt), the accused can apply for regular bail under Section 480/483 BNSS before the Magistrate or Sessions Court. Anticipatory bail under Section 482 BNSS can be filed if the accused fears arrest. The victim's lawyer can argue for stringent bail conditions — like staying away from the victim and not contacting them.
Quashing of FIR / Case
The accused may approach the High Court under Section 528 BNSS to get the FIR quashed. Grounds for quashing include: no prima facie offence made out, the complaint is malicious, or the matter has been amicably settled. However, in cases where the harassment is serious and evidence is strong, the court is unlikely to quash the FIR. A quashing petition is often a delaying tactic — and a domain-expert lawyer knows how to oppose it effectively.
If You Are the Victim
- Save all evidence: call logs, chat screenshots, recordings, and anonymised lists of phone numbers used.
- Do not respond to threats or abuse — don't argue, don't justify.
- File a complaint on the cybercrime portal and at your local police station.
- Inform your family so they don't engage with the harasser.
- Consult a lawyer who regularly handles criminal intimidation cases — procedural errors can weaken your case.
Documents You Must Keep Ready
- Aadhaar card or other government ID (victim's identity proof).
- Call detail records (CDRs) from your mobile provider — request them formally if needed.
- Screenshots of WhatsApp / SMS messages with dates visible.
- Audio or video recordings of abusive calls (even if admissibility is marginal – they help corroborate).
- Bank statements or receipts showing full repayment of the debt.
- List of phone numbers used by the harasser.
- Any written or digital communication from the harasser — including those sent by third persons.
What Evidence Is Required?
- Call logs showing repeated calls from different numbers.
- Recordings of the abusive calls — ideally recorded with the caller's knowledge (though legal in India for personal safety with caution).
- Text messages or WhatsApp messages with threatening or abusive content.
- Bank transaction records proving full repayment.
- Witness statement (e.g., grandmother who received the calls).
- Primary evidence (original messages, recordings) is best; secondary evidence (screen recordings) is admissible if originals are unavailable.
How the Police Behave in Such Cases
Police officers may initially dismiss phone harassment as a "personal matter" or say "just block the number." That is not correct procedure. Under BNSS, they must register an FIR for a cognizable offence. In our client’s case, we submitted a well-drafted complaint with all evidence, cited the specific BNS sections, and the officer acted promptly. Often, police respond faster when a lawyer is involved — because the complainant knows the law.
Timeline of Legal Process
- FIR Filing: Same day or within 24 hours.
- Investigation: Typically 30–60 days — police record statements, collect call records, and trace the accused.
- Chargesheet: Filed within 60–90 days from arrest or notice.
- Cognizance and Framing of Charges: 30–60 days after chargesheet.
- Trial: 6 months to 1 year for simple matters.
- Judgment: Varies — but with a good lawyer, many such cases resolve within 6–9 months.
How Long Will the Investigation Take?
For a phone harassment case, the police investigation is usually quick — about 1 to 2 months. They will call the accused, record his statement, collect call records from the telecom provider, and file a chargesheet. If the accused is traced and arrested or served a notice, the process can be even faster.
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. Criminal intimidation under Section 318 BNS is compoundable — meaning the victim and accused can settle the matter with the court's permission. This usually involves the accused apologising in writing and undertaking not to harass again. The case can then be closed or disposed of. Settlement through Lok Adalat is also possible. However, if the harassment is serious or involves third persons, a full trial may be more appropriate. Settlement is advisable only if you genuinely feel safe and no further threats are expected.
Common Mistakes People Make
- Engaging an advocate without domain-specific experience: A general lawyer may not know how to file a cybercrime complaint properly, or how to argue for a Special Report under BNSS. This can delay police action and weaken your case. Domain expertise matters.
- Deleting call logs or messages: Don’t. Every piece of evidence is important. Save everything.
- Responding to the harasser: Arguing or pleading only encourages more calls. Stay silent and document.
- Not filing a complaint immediately: Delay gives the harasser confidence. File as soon as possible.
- Posting about it on social media: This can prejudice the case and be used against you. Keep it offline.
- Ignoring the calls to the family: If calls reach your grandmother, that's harassment of a third person — it strengthens your case. Use it.
FAQs People Normally Have
Can I file an FIR if the calls are from unknown numbers?
Yes. Save the numbers and report them. Police can trace them via telecom records.
Is a single abusive call enough for an FIR?
Yes, if it includes threats or obscene language, it can be the basis of a complaint.
Will the case affect my college or career?
No — you are the victim. The case is against the harasser, not you. It doesn't affect your academics or job.
Can I file the complaint online?
Yes. Visit cybercrime.gov.in and file a complaint. You will get an acknowledgement number.
What if I don't have recordings?
Call logs and your statement are evidence too. Recordings are helpful but not mandatory.
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.