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: No, you are not required to send any WhatsApp message. Your signed letter to the police is the only valid closure document. The offender's request is likely a trap—either to get you to waive your rights informally or to create a record that undermines your position. Contact the investigating officer directly and ignore the offender.
Priya Verma, a young professional living in a rented flat in Koramangala, Bengaluru, had a harrowing experience. In early March 2025, a male acquaintance, Rohan Gupta, called her a derogatory name in a public altercation. She immediately filed a complaint at the local police station. The police acted swiftly—they detained Rohan for about six hours. After he gave a written, unconditional apology, Priya submitted a signed letter to the police saying she was closing the matter conditionally. She made it clear: if he harassed her again, she would reopen the complaint.
But then things took a strange turn. Rohan called Priya, crying, and told her the police were asking for more proof. He claimed the station couldn't close the file unless Priya sent him a WhatsApp message reading: "I don’t want the cop station to take any further action against you and we have resolved the issue." Priya felt something was off. She was right.
Priya approached the Chamber of Advocate Sudhir Rao, Supreme Court of India, after a friend's referral. The office of Advocate Sudhir Rao immediately identified that this demand was not standard police procedure. The team advised Priya to contact the investigating officer directly, which she did. The officer confirmed he had never asked for any WhatsApp message—the signed letter was sufficient. Advocate Sudhir Rao's expertise in criminal procedure and police complaints helped Priya avoid a potential legal trap that could have nullified her conditional closure.
Key Facts of the Case
- Priya filed a police complaint after being verbally abused by Rohan Gupta.
- The police detained Rohan for six hours.
- Rohan gave an unconditional written apology to Priya.
- Priya submitted a signed, written letter to the police closing the matter conditionally (subject to reopening if harassed again).
- Rohan later called Priya, claiming the police needed a WhatsApp message to close the file.
- Priya contacted the investigating officer directly—he confirmed the letter was sufficient.
- The office of Advocate Sudhir Rao advised against sending any WhatsApp message.
The Direct Legal Answer
Is a WhatsApp message required after a signed letter?
Absolutely not. Once you have submitted a signed, written letter to the police station closing a complaint, that is the official record. The police do not require—and will not ask for—an informal WhatsApp message. Any such demand from the offender is almost certainly not coming from the police.
Is this a trap?
Yes, it likely is. Getting you to text "I don't want any further action" can be used later to argue that you voluntarily dropped all claims unconditionally. It could undermine your conditional closure. Worse, it could be used to show that the matter was resolved privately, making it harder to reopen proceedings later.
Is the offender lying or are the cops lazy?
The offender is almost certainly lying. Police may, in rare cases, ask for a written or email confirmation if the complainant is out of station. But a WhatsApp message from you to the accused? That has no procedural value. The police would never ask the accused to get a WhatsApp text from the complainant. That's a red flag.
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 engage with the offender. Do not respond to his calls or messages. If he persists, inform him that any further contact will result in a fresh police complaint. Contact the investigating officer directly—ask for the Station House Officer (SHO) if you have a name. Verify from the police whether they actually asked for anything.
This type of matter—police complaints, conditional closure, and potential resumption—requires an advocate who regularly handles criminal procedure. General practitioners may not be aware of the subtle traps an accused can set to manipulate the record.
Applicable Sections of Law
The matter of verbal abuse and harassment falls under the Bharatiya Nyaya Sanhita (BNS) 2023. The police procedure for complaints and closure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.
- Section 296 BNS: Deals with criminal intimidation and harassment, which would apply if the abuse escalates.
- Section 352 BNS: Public nuisance or insult with intent to provoke breach of peace.
- Section 193 BNSS: Procedure for complaint to Magistrate and police powers to investigate.
The written letter submitted by Priya is a valid form of closure under police practice. No informal communication is required.
Punishment and Penalties
Under the BNS, verbal abuse and harassment can attract the following penalties:
- Section 296 BNS: Imprisonment up to two years, or fine, or both.
- Section 352 BNS: Imprisonment up to three months, or fine, or both.
- The offence is generally cognizable and bailable.
- It is compoundable with the permission of the court.
Jurisdiction — Where to File the Case
For criminal matters like this, the complaint should be filed at the police station within whose territorial jurisdiction the incident occurred. In this case, it was the Koramangala police station in Bengaluru. If the matter proceeds to court, the case would be heard by the Magistrate of the same jurisdiction. Filing at the wrong police station can lead to delays and even dismissal.
What if Police Refuse to File FIR?
If the police refuse to register your complaint:
- You can approach the Superintendent of Police (SP) or the Commissioner of Police under Section 173(4) of the BNSS.
- If that fails, file a private complaint before the Magistrate under Section 175(3) of the BNSS.
- As a last resort, you can file a writ petition in the High Court seeking a direction to the police.
Remember: the police have a duty to register a cognizable offence. Denial without valid reason is illegal.
Rights of the Accused
Even in a case like this, the accused has certain rights:
- Right to remain silent (Article 20(3) of the Constitution) — against self-incrimination.
- Right to legal representation (Article 22) — the accused can consult a lawyer.
- Right to be produced before a Magistrate within 24 hours if arrested.
- Right to a copy of the FIR and to know the grounds of arrest.
These rights are fundamental and cannot be violated by the police.
Bail Provisions
Under the BNSS, for bailable offences (like those under Section 352 BNS):
- Bail is a right — the accused can be released on bail by the police or the court.
- For non-bailable offences (if the charge is under a more serious section), the accused can apply for regular bail under Section 480 or 483 of the BNSS.
- Anticipatory bail under Section 482 BNSS is available for non-bailable offences if the accused fears arrest.
- In most verbal abuse cases, bail is easily granted because the offences are bailable.
Quashing of FIR / Case
The accused can approach the High Court under its inherent powers under Section 528 BNSS to quash the FIR or the proceedings if:
- No prima facie offence is made out.
- The complaint is an abuse of process of law.
- The offence is compoundable and the parties have settled.
However, quashing is not automatic. It requires strong grounds and is usually not granted in cases involving serious allegations.
If You Are the Victim
- Do not communicate with the accused directly — especially not via WhatsApp or text.
- Contact the investigating officer and confirm the status of your complaint.
- Keep a copy of your signed letter to the police for your records.
- If the accused harasses you again, file a fresh complaint immediately.
- Consider a restraining order or a protection order if the harassment escalates.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN, or Voter ID).
- A copy of the police complaint (FIR or NC).
- A copy of the signed letter you submitted closing the matter.
- Any written apology from the accused.
- Call logs, WhatsApp screenshots (if any) showing the accused's messages.
- Any video or audio recordings of the incident (if available).
- Witness statements, if any.
What Evidence Is Required?
- Primary evidence: Direct proof of the incident, such as CCTV footage, audio recording, or photographs.
- Secondary evidence: Witness testimony, call records, WhatsApp chats.
- Documentary evidence: The apology letter, the closure letter, police acknowledgments.
- In verbal abuse cases, witness statements can be crucial.
- Circumstantial evidence, like the timing and context of the abuse, can also help.
How the Police Behave in Such Cases
In cases of verbal abuse and minor harassment, police often try to mediate between parties. They may detain the accused for a few hours, take a written apology, and then close the file if the complainant agrees. However, they are not supposed to act as a conduit for the accused to extract informal waivers from the complainant. If the accused claims the police want something, always verify directly with the investigating officer.
Timeline of Legal Process
- Day 1: Complaint filed -> Police investigate -> Accused detained/questioned.
- Within 2-3 days: Conditional closure by complainant's letter -> File closed at station level.
- If reopened: New complaint -> Investigation -> Chargesheet within 60-90 days (for minor offences).
- Trial: Framing of charges within 30 days -> Evidence -> Arguments -> Judgment in 6-12 months (for petty cases).
- Appeal: To the Sessions Court within 30 days if convicted.
These are approximate timelines. Actual duration depends on the court's caseload.
How Long Will the Investigation Take?
For a minor verbal abuse complaint, the police can complete the investigation within a week or two. The accused may be charged with a summons case, meaning the trial will proceed without arrest. If the matter is reopened, the same timeline applies—the police will not take more than 60 days for a non-serious offence.
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, verbal abuse cases under BNS are compoundable with the permission of the court. If the parties reach a settlement—like an unconditional apology and a written undertaking not to repeat the behaviour—the court can close the proceedings. However, be careful: any settlement must be in writing and approved by the court. A private WhatsApp message does not substitute for a formal settlement.
Common Mistakes People Make
- Engaging a lawyer without domain experience: This type of matter—police complaints, conditional closure, and procedural traps—requires an advocate who regularly handles criminal cases. A general practitioner may not spot the legal pitfalls in off-the-record demands.
- Sending any text or message to the accused after filing a complaint. It can be used against you.
- Believing the accused without verifying with the police.
- Not keeping a copy of all documents submitted to the police.
- Ignoring the offender's repeated calls—which itself can be part of a tactic to get you to respond.
- Posting about the case on social media, which can prejudice the investigation or be used as evidence.
FAQs People Normally Have
Can the police call the accused back after I have given a closure letter?
They can, but it is rare for a simple verbal abuse case. If they need more statements or clarification, they may call either party. But demanding a WhatsApp message as proof of closure is not standard procedure.
What if the accused keeps calling me?
Tell him clearly to stop. If he persists, file a fresh complaint for harassment under Section 296 BNS. Do not engage.
Can I reopen the complaint later?
Yes, if your closure letter stated it was conditional. Reopen by sending a written request to the police and following up with the investigating officer.
Should I ignore the accused's calls?
Yes. Do not respond. Every communication can be twisted and used against you. Let him contact you through the police or his lawyer.
Is it a crime to make false police demands like this?
Misleading the complainant or forging police orders can attract criminal liability. If the accused is lying about the police's demand, he may be liable for cheating or criminal intimidation.
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.