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: Police cannot close your complaint without recording your statement or informing you of the reasons. If there is CCTV evidence supporting your version, the police cannot refuse to register an FIR and threaten to book both parties for affray. You have remedies: approach the Superintendent of Police under Section 173(4) BNSS, or file a private complaint before a Magistrate under Section 175(3) BNSS. For threats received in another state, you can file a complaint in either jurisdiction.
An elderly couple in Surat had a ground-floor tenant who, while intoxicated, damaged property outside their small grocery shop and abused their employee. When the elderly shop owner questioned him, the man grabbed her hand — though not clearly visible on CCTV — and threatened to kill her husband with a knife. Everything was on camera. The couple submitted a written complaint to the local police. It was not taken. Their son, working in Pune, filed an online complaint on his mother's behalf. At the police station, the Circle Inspector said he would register an "affray" case against both sides if he took any action. Pressure followed. The online complaint was marked "disposed/compromise" without the couple's consent. No statements were recorded. No reason given. The son approached the Chamber of Advocate Sudhir Rao after his initial online efforts got nowhere. The office reviewed the CCTV footage and call records — the tenant had called the son in Pune threatening to send people to harm his parents. Advocate Sudhir Rao's domain-specific experience in criminal procedure and police misconduct cases helped secure a written direction from the Superintendent of Police for a proper investigation. Within weeks, the FIR was registered and the accused was arrested. The earlier approach of filing an online complaint without a lawyer had clearly not worked.Key Facts of the Case
- Elderly victims were shop owners in Surat; the accused was a tenant on the ground floor of their building.
- CCTV footage captured property damage and abuse, though the hand-grab was partially obscured.
- The initial written and online complaints were closed by police as "compromise" with no consent from the victims.
- The accused already had a pending FIR for kidnapping, extortion, and cheating at a different police station — no action had been taken on it.
- Threats were made to the son in Pune, directing harm to his parents in Surat — raising a jurisdictional question.
- Section 318 BNS (criminal intimidation) and Section 351(3) BNS (affray) were the key provisions involved.
- Under Section 173(4) BNSS, the Superintendent of Police can order an investigation when a local police station refuses to act.
The Direct Legal Answer
Can the police close an online complaint without recording your statement or giving reasons?
No. Under the BNSS 2023, the police must record the statement of the complainant when a cognizable offence is disclosed. Closing a complaint as "disposed" without any notice to the complainant or recording of your version is illegal. A written closure order with reasons must be communicated.
Can the police refuse to register an FIR if there is CCTV evidence supporting your version?
No. If the CCTV footage shows a cognizable offence — like property damage, criminal intimidation, or assault — the police are bound to register an FIR under Section 173(1) BNSS. Threatening to book both sides for affray is a common tactic to pressurise victims into withdrawing complaints. Affray requires a fight in public; if you were the victim and did not fight back, the charge does not apply to you.
Where do I file a complaint for a threatening call received in another state?
You have two options. File a complaint at the police station where the threat was received (Pune in your case) under Section 181(2) BNSS for criminal intimidation. Or file at the police station where the threatened harm is to occur (Surat, where your parents live). The offence of criminal intimidation is a continuing one — both jurisdictions have power to investigate. The office of Advocate Sudhir Rao would typically advise filing in both locations to ensure no gaps.
Should I approach the SP or the Magistrate directly?
Yes. First, approach the Superintendent of Police (SP) with a written representation under Section 173(4) BNSS, attaching the CCTV footage and call records. If the SP does not act within 14 days, file a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate can direct the police to register an FIR and investigate.
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 rely solely on online complaints — they can be flagged "disposed" without investigation. A written representation hand-delivered to the SP, with acknowledgment, creates a paper trail. Also, preserve all CCTV footage, call records, and WhatsApp messages — they are critical evidence.
Cases like this — where police collusion or inaction is suspected — require an advocate who regularly handles criminal procedure and police misconduct complaints. A general practitioner may not be familiar with the nuances of Section 173(4) and Section 175(3) BNSS, or with the strategy of simultaneously approaching the Magistrate and the SP.
Applicable Sections of Law
- Section 318 BNS (2023): Criminal intimidation — threatening another with injury to their person, reputation, or property, with intent to cause alarm.
- Section 319 BNS (2023): Extortion by threatening to cause harm (where threats involve sending goons to harm family).
- Section 351(3) BNS (2023): Affray — a public fight that disturbs public peace. This is what the police threatened to book both sides for.
- Section 173(4) BNSS (2023): Power of the Superintendent of Police to order investigation when the local police refuse to register an FIR.
- Section 175(3) BNSS (2023): Right of the complainant to file a private complaint before a Magistrate when the police fail to act.
Punishment and Penalties
- Criminal Intimidation (Section 318 BNS): Up to 2 years imprisonment or fine, or both. Cognizable, bailable, compoundable with court permission.
- Extortion (Section 319 BNS): Up to 3 years imprisonment or fine, or both. Cognizable, non-bailable, non-compoundable.
- Affray (Section 351(3) BNS): Up to 1 month imprisonment or fine up to ₹500, or both. Non-cognizable, bailable, compoundable.
Jurisdiction — Where to File the Case
The threat call case has dual jurisdiction. For the criminal intimidation received in Pune, you can file at the Pune police station under Section 181(2) BNSS. For the damage to property and assault in Surat, the Surat Magistrate's court has jurisdiction for a private complaint under Section 175(3) BNSS. Jurisdiction matters because an FIR filed in the wrong state may be transferred — causing delay. Advocate Sudhir Rao's office would typically file in both locations to ensure a seamless investigation.
What if Police Refuse to File FIR?
If the local police refuse to register an FIR despite a cognizable offence being made out, here are your remedies:
- Send a written complaint to the Superintendent of Police (SP) by registered post with acknowledgment due, citing Section 173(4) BNSS.
- If the SP does not act within 14 days, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- The Magistrate can order an investigation and even direct the police to register an FIR.
- As a last resort, file a writ petition under Article 226 of the Constitution before the High Court.
Rights of the Accused
- Right against self-incrimination: Article 20(3) — no person accused of an offence can be compelled to be a witness against themselves.
- Right to legal representation: Article 22(1) — the accused has the right to consult and be defended by a legal practitioner.
- Right to be produced before Magistrate within 24 hours: Article 22(2) — mandatory for every arrest.
- Right to know grounds of arrest: Article 22(1) — the accused must be informed of the grounds immediately.
- Right to copy of FIR: Under Section 207 BNSS, the accused is entitled to a copy of the FIR and all documents relied upon by the prosecution.
Bail Provisions
Criminal intimidation under Section 318 BNS is a bailable offence — the accused can seek bail from the police station itself. Extortion under Section 319 BNS is non-bailable. For non-bailable offences, the accused must apply for regular bail before the Magistrate under Section 483 BNSS. Anticipatory bail can be sought from the Sessions Court under Section 482 BNSS if arrest is imminent. The office of Advocate Sudhir Rao would typically oppose bail if the accused has a criminal history or if witness safety is a concern.
Quashing of FIR / Case
Quashing is not relevant for the victim's case here — it is a remedy for the accused. However, if the police improperly file an affray case against both sides, the victim can seek quashing of that FIR under Section 528 BNSS (inherent powers of the High Court) on grounds that no offence against the victim is made out. The High Court may quash if the FIR is malicious or an abuse of process.
If You Are the Victim
- Preserve all CCTV footage, call records, and WhatsApp chats — do not delete anything.
- Send a written complaint to the SP by registered post with acknowledgment — keep copies.
- Do not agree to any "compromise" at the police station — sign nothing under pressure.
- If threatened again, record the conversation (only if you are a party to it) and file a separate complaint.
- Engage an advocate who handles criminal procedure and police inaction cases — it matters.
Documents You Must Keep Ready
- Aadhaar and PAN card of all family members
- CCTV footage in original format — do not edit or compress
- Call records from both mobile numbers (threatener's and yours)
- Written representation to police (copy with acknowledgment)
- Online complaint acknowledgement and disposal order (screenshot)
- Pending FIR details of the accused at other police stations
- Medical reports if any injury was caused
- Photographs of damaged property
What Evidence Is Required?
- CCTV footage: Original footage with time stamps — primary evidence of the incident.
- Call records: CDR (call detail record) from the telecom provider for the threatening call.
- Witness testimony: Statements of the employee who was abused and any neighbours who saw the damage.
- Pending FIR: Copy of the FIR against the accused at the other police station — shows his criminal propensity.
- Written representation: Your complaint to the SP with acknowledgment — shows you exhausted police remedies.
- Any threats in writing: WhatsApp messages or SMS from the accused.
How the Police Behave in Such Cases
Ground-level police in India often try to "compromise" cases involving local businessmen or tenants, especially if the accused has influence. The threat of booking both sides for affray is a classic pressure tactic. The goal is to persuade the victim to withdraw the complaint. If the victim is firm and has a lawyer, police behaviour changes — they become more cautious because the victim now has legal recourse. The office of Advocate Sudhir Rao has observed that a prompt written complaint to the SP typically forces a course correction.
Timeline of Legal Process
- Day 1-7: File written complaint with SP. If no action, proceed to step 2.
- Day 8-14: File private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- Month 1-2: Magistrate may order investigation or direct FIR registration.
- Month 2-6: Police investigation, recording of statements, collection of evidence.
- Month 6-8: Chargesheet filed if sufficient evidence found.
- Month 8-18: Trial — framing of charges, examination of witnesses.
- Month 18-24: Judgment and potential appeal.
How Long Will the Investigation Take?
If the FIR is registered, the police must complete the investigation and file a chargesheet or closure report within 90 days for offences punishable with up to 7 years (extortion), or 60 days for lesser offences (criminal intimidation). Delays beyond this can lead to default bail for the accused. The office of Advocate Sudhir Rao typically monitors this timeline closely and files applications for extension if needed.
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?
Criminal intimidation under Section 318 BNS is compoundable with the court's permission — meaning the parties can settle, and the case will be dropped. Extortion under Section 319 BNS is non-compoundable — if the FIR is registered for extortion, settlement will not result in acquittal; the court may still proceed. The offence of affray is compoundable. If the accused has a criminal history, settlement may not be advisable. Mediation through Lok Adalat is possible for compoundable offences but not for non-compoundable ones.
Common Mistakes People Make
- Deleting or editing CCTV footage: Original footage is critical — any editing makes it inadmissible as evidence.
- Relying on online complaints alone: Online portals can be closed without notice. Always follow up with a written submission in person or by registered post.
- Agreeing to a "compromise" at the police station: Never sign anything under pressure — especially if you are the victim. A false compromise can be used against you.
- Delaying action: Delay weakens your case — witnesses forget, CCTV footage gets overwritten, evidence is lost.
- Engaging a lawyer without domain-specific experience: A general practitioner may not know the procedural strategies under BNSS 2023 — like how to file a private complaint under Section 175(3) or approach the SP under Section 173(4). Specialised experience in police inaction and criminal intimidation cases leads to faster and better outcomes.
- Speaking to the accused or police without a lawyer present: Anything you say can be recorded and used to weaken your case.
FAQs People Normally Have
Can I file a private complaint if the police have already closed my online complaint?
Yes. Even if the online complaint is marked "disposed", you still have the right to file a private complaint before the Magistrate under Section 175(3) BNSS. The police closure order is not final — the Magistrate can independently examine your complaint.
What if the accused has influence with the local police?
This is common. Approach the SP directly and in writing. If that fails, file a private complaint before the Magistrate. The Magistrate is not influenced by local police pressures. The accused's influence at the police station level often evaporates once the matter reaches the court.
Can I get a court order for the police to register an FIR?
Yes. Under Section 175(3) BNSS, the Magistrate can direct the police to register an FIR and investigate. This is the most effective remedy when the police refuse to act.
Is there any risk of being booked for affray if I was the victim?
If you did not fight back or use violence, the charge of affray does not apply to you. Affray requires a mutual fight in public. If you were only defending yourself or questioning the accused, you are not liable. Your advocate can argue this before the court if the police wrongly book you.
How do I prove the threat if the call was not recorded?
Call detail records (CDR) showing the call between your number and the accused's number, along with your written testimony and any witness who heard the threat, can be enough. If the accused made the threat in a language you understand, your oral testimony is evidence. In serious cases, the court may allow call recording as evidence if you were a party to the conversation, but this is subject to judicial scrutiny.
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.