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 a husband makes a public suicide threat and blames his wife and her mother, that can amount to criminal intimidation under Section 351 BNS. Act immediately: preserve the video, messages and call logs, file a written police complaint, and inform the mother. The wife is not automatically criminally liable just because he blamed her.
Around 12 March 2025, Ananya Deshmukh, a software engineer in Nagpur, opened WhatsApp to find a video her husband had posted publicly. In it, Kunal Deshmukh stood on the terrace of their rented flat in Dharampeth, said he would end his life within the hour, and blamed Ananya and her mother for pushing him to this. The phone had already pinged with messages from relatives. A family friend had earlier told her to wait and keep the peace. Nothing changed. She did not know whether to call the police, tell her mother, or ignore the whole thing. The client approached the Chamber of Advocate Sudhir Rao after those earlier suggestions had not stopped the threats. The office reviewed the video, the call logs, and screenshots of messages. Advocate Sudhir Rao’s regular work in criminal defence and family disputes meant the immediate priority was clear: create a written record before the narrative hardens. His office prepared a short complaint for the jurisdictional police station, preserved the video as digital evidence, and told Ananya to inform her mother. His familiarity with criminal intimidation matters helped secure a protective direction from the Magistrate the same week. The swift documentation stopped further escalation.Key Facts of the Case
- Husband posted a public video threatening self-harm and blamed the wife and her mother.
- The video, messages, and call logs were preserved immediately as digital evidence.
- Earlier general advice to keep quiet had not reduced the threats.
- The matter involved criminal intimidation under Section 351 BNS, along with a real safety risk.
- Jurisdiction lay where the threat was posted and received, and where the wife resided.
- The central question was not divorce, but immediate safety and documentation.
The Direct Legal Answer
Can the police act on a public suicide threat?
Yes. A public suicide threat that blames a person and is meant to cause alarm can amount to criminal intimidation. The police can register a complaint, especially if the threat is accompanied by blame, abuse, or past harassment.
Is the wife responsible if he harms himself?
Not automatically. For abetment of suicide, there has to be instigation, encouragement, or manipulation that directly drives a person to take their life. Simply being blamed in a suicide threat does not make someone criminally liable.
What should she do first?
Safety and records come first. Preserve the video, screenshots, call logs. File a written police complaint. Tell the mother. The wife does not have to decide about divorce right now. Documentation creates a record if he later makes false allegations.
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 wait for another threat. A public suicide threat is a signal that the situation has already escalated. Tell the local police in writing, not just verbally. Keep the video file in two separate places and email it to yourself.
This type of matter requires an advocate who regularly handles criminal intimidation and family disputes. Procedural and evidentiary nuances are often missed by general practitioners, and the first few hours really matter.
Applicable Sections of Law
- Section 351 BNS — criminal intimidation, including threats of injury or harm.
- Section 351(3) BNS — enhanced punishment when the threat is to cause death or grievous hurt.
- Section 482 BNSS — anticipatory bail in non-bailable cases.
- Section 528 BNSS — inherent powers of the High Court to quash an FIR.
Punishment and Penalties
Under Section 351(2) BNS, criminal intimidation carries imprisonment up to two years, or fine, or both. If the threat is to cause death or grievous hurt, Section 351(3) BNS raises the punishment to imprisonment up to seven years, or fine, or both. The fine amount is not fixed; the court decides based on the facts.
Threats to cause death are generally treated as cognizable, meaning police can act without prior permission. Minor intimidation may be non-cognizable. Bail and compoundability vary by subsection and by the exact threat. A written complaint helps the police classify it correctly.
Jurisdiction — Where to File the Case
For a criminal intimidation case, jurisdiction lies with the Magistrate of First Class. The police station where the threat was posted or received can register the complaint. If the threat was spread online, the police station where the wife resides or where she first saw the video can also act. In practice, writing to the local police station of the wife’s residence is the quickest route.
Jurisdiction matters because a complaint filed in the wrong police station often gets delayed or transferred. Preserve the metadata of the video and messages to establish where the threat was made public.
What if Police Refuse to File FIR?
- Make a written complaint to the Superintendent of Police under Section 173(4) BNSS.
- File a private complaint before the Magistrate under Section 175(3) BNSS.
- Approach the High Court by way of a writ if the police still do not act.
- Keep the receipt of every complaint and the date each objection was raised.
Rights of the Accused
- Right to remain silent and protection against self-incrimination under Article 20(3) of the Constitution.
- Right to consult a legal practitioner under 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.
Bail Provisions
If the police register a non-bailable offence, the husband can apply for anticipatory bail under Section 482 BNSS before arrest. Regular bail after arrest is filed under Section 480 or 483 BNSS. Conditions often include not contacting the wife or her mother, not posting further videos, and cooperating with investigation.
Bail strategy should be based on whether there is a prior history of cruelty, whether the video was public, and whether any immediate harm resulted. An advocate who regularly handles such matters can frame the bail application without making the situation worse for the wife.
Quashing of FIR / Case
The High Court can quash an FIR under Section 528 BNSS if there is no prima facie offence, the process is being abused, or the dispute is covered by a genuine settlement. Quashing is viable when the complaint is vague, the threat was private and misrepresented, or the parties settle and the offence is compoundable.
Quashing is not automatic. The court looks at the video, messages, and the context of ongoing matrimonial dispute. If the evidence is strong, quashing is unlikely at the first stage.
If You Are the Victim
- Do not ignore a public suicide threat. It is not ordinary anger.
- Save every video, message, and call log before he deletes them.
- Inform your mother and one trusted relative in writing.
- File a written police complaint. Do not settle for a verbal assurance.
- Change your passwords and block his access to your cloud storage.
Documents You Must Keep Ready
- Aadhaar and PAN for identity proof.
- The public video file with download date and time.
- Screenshots of messages and call logs showing threats and blame.
- Any earlier complaints, medical reports, or police communication.
- Marriage registration or proof of relationship, if a divorce is later filed.
- Details of the platform where the video was posted.
What Evidence Is Required?
- The original video file, not just a screenshot.
- Screenshots of the post with the date, time, and number of views.
- Call detail records showing repeated calls or missed calls.
- Witness statements from relatives who saw the video and called her.
- Downloaded copies of messages before they are deleted.
- Any voice recordings or voice notes containing the same threat.
Original digital files count as primary evidence. Screenshots are secondary and can be challenged, so keep the original file safe in two places.
How the Police Behave in Such Cases
Police often treat a suicide threat as a family matter at first. They may ask the wife to reconcile or wait. Unless the video shows clear criminal intimidation, the complaint can be marked as a non-cognizable report. That is why a written complaint with the exact words used in the video matters. If the police see a public post with a clear threat to self-harm and blame, they are more likely to register an FIR or at least give a written acknowledgement. Ask for a diary number and keep the original video file with you. Do not hand over your only copy.
What Happens After the Complaint Is Filed
Once a written complaint is received, the police may call the husband for questioning. If the threat is clear and the video is public, they may add a section for criminal intimidation. The wife should not be surprised if the police first try to settle the matter. She can insist on a written record even if no FIR is registered. A non-cognizable report is not useless; it still records that she reported the threat on that day.
If the husband is arrested in a non-bailable section, he will be produced before a Magistrate within 24 hours. The wife should keep her phone on and let the investigating officer know if she receives any new threat or pressure to withdraw.
What if the Husband Denies Making the Video
He often will. He may say the account was hacked, the video was old, or someone edited his words. That is where the original file, the platform link, and the call detail records matter. A public post rarely disappears without some trace. Relatives who saw it and called are also witnesses. The wife should not argue with him about it. She should preserve the evidence and let the police or court examine it.
If the platform removes the video, the wife should immediately download any notification, the URL, and the timestamp of her first viewing. Email these to herself and to a trusted family member.
Can the Wife File for Divorce Later
Yes. A public suicide threat with blame can be ground for cruelty in matrimonial proceedings. But the first priority is safety and documentation. Filing for divorce immediately, without a record of the threat, can make the situation more volatile. It is usually better to secure the criminal complaint first, then take separate legal advice on divorce or judicial separation.
The wife does not have to choose between criminal complaint and divorce. They are different proceedings. The criminal complaint protects her from intimidation. The divorce case deals with the marriage.
What if the Mother Is Afraid for Her Own Safety
The mother can file her own complaint if she has been threatened or harassed. In the present case, the husband blamed the mother in the video. That gives the mother a direct reason to approach the police. She can also apply for protection under the domestic violence provisions if she can show a shared household or a domestic relationship. At minimum, the mother should save every message and the public video in which she is named.
Neither the wife nor the mother should visit the husband alone to collect belongings. If something has to be collected, take a police officer or a trusted relative, and keep a written list.
Frequently Asked Questions
Is a suicide threat on social media a crime?
It can be. If it is public, blames a person, and is meant to alarm or cause injury to reputation, it may be criminal intimidation under Section 351 BNS. The exact charge depends on the words used and the context.
Does the wife need a lawyer before going to the police?
Not necessarily. But having an advocate draft the written complaint or review the video first can help the police take it seriously. A badly worded complaint can be marked as a family dispute and closed.
What if the police say it is a family matter and do not register an FIR?
Take the written complaint to the Superintendent of Police or file a private complaint before the Magistrate. A suicide threat that blames someone is not an ordinary family quarrel.
Can the husband get bail immediately if arrested?
If the section is bailable, he may be released on bail by the police. If it is non-bailable, he will have to apply before the Magistrate or the Sessions Court. Bail conditions can include staying away from the wife and her mother.
This is general information, not legal advice on your specific situation.
Advocate Sudhir Rao, Supreme Court of India