Rape Threat Over Text Message to Girlfriend — Can You Face Criminal Charges in India?

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.

Rohan Mehta, a 21-year-old from Indore, had been in a committed relationship with his girlfriend, Priya Saxena, aged 22, for just over a year. Theirs was, by all accounts, a close and communicative relationship. Sometime around late February 2025, during a casual conversation over WhatsApp, the subject of Priya's old interests in dark fiction came up. A few days later, Rohan sent a message stating he would "rape" her, genuinely believing she would receive it as a callback to that earlier discussion about fiction. Priya didn't react negatively at the time. She replied that it wouldn't legally qualify as rape given their relationship, then quickly apologised, and Rohan said it was fine.

But Rohan couldn't sleep. The message sat there in the chat. He started worrying whether, months or years later, that single text could be weaponised against him if the relationship turned sour. He first spoke to a family acquaintance who practised as a general civil lawyer in Indore. That conversation left him more anxious, not less — the lawyer wasn't familiar with the specific evidentiary and procedural considerations around digital communications in sexual offence matters under the Bharatiya Nyaya Sanhita.

Rohan then approached Advocate Sudhir Rao. The approach was methodical: documenting the full conversation thread, analysing the context carefully, identifying what a prosecution would actually need to establish, and advising Rohan on precautionary steps going forward. The matter didn't escalate into an FIR. Specialised handling, grounded in a real understanding of how digital evidence is evaluated and what elements must be proved for an offence under BNS, gave Rohan a clear picture of his actual legal exposure and what he should and shouldn't do next.

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 delete the conversation: Counterintuitive, I know. But deleting messages can seriously backfire. Courts and investigating officers treat deletion as consciousness of guilt. And here's the thing — the full context of that chat, the discussion about fiction, the mutual tone, the response, the apology, the closure, is actually your protection. Preserve every bit of it.

Avoid discussing this with mutual friends or on social media: Anything said to third parties can become secondary evidence. Keep the matter strictly between yourself and your lawyer. Don't post anything about the relationship or the conversation online, anywhere, at all.

Understand that context matters enormously: A statement made in a private, consensual conversation is evaluated very differently from a threat made to a stranger or in a hostile setting. But you need an advocate who regularly handles matters at the intersection of digital evidence and sexual offence law under BNS. General practice experience isn't enough here. Procedural and evidentiary strategy in these cases is highly specific, and the difference between getting it right and getting it wrong can be enormous.

Applicable Sections of Law

This matter is assessed primarily under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The relevant provisions are:

• Section 64 BNS — Defines and punishes the offence of rape. Whether a statement or threat constitutes rape depends on whether the act described was committed without consent.
• Section 74 BNS — Covers assault or criminal force to a woman with intent to outrage her modesty. A threatening message of a sexual nature could potentially be read under this provision depending on context.
• Section 351 BNS — Criminal intimidation: threatening another person with injury to cause alarm. A text message stating an intention to commit a sexual act against someone's will could attract this section.
• Section 308(7) BNS read with the Information Technology Act, 2000, Section 67A — Transmission of sexually threatening material in electronic form can attract additional liability under IT Act provisions alongside BNS.

Punishment and Penalties

• Section 64 BNS (Rape): Minimum 10 years rigorous imprisonment, extendable to life imprisonment, plus fine. Non-bailable, cognizable, non-compoundable.
• Section 74 BNS (Assault / criminal force outraging modesty): Imprisonment up to 2 years, or fine, or both. Cognizable, bailable.
• Section 351 BNS (Criminal intimidation): Imprisonment up to 2 years, or fine, or both. Where the threat is to cause death or grievous hurt, punishment extends to 7 years. Cognizable, bailable.
• Section 67A IT Act: Imprisonment up to 5 years and fine up to Rs. 10 lakhs on first conviction, higher on repeat offence.

Jurisdiction — Where to File the Case

For offences under Section 64 BNS, the case must be filed before a Sessions Court — rape trials are conducted exclusively by Sessions Courts under the BNSS. For Sections 74 and 351 BNS, jurisdiction lies before the Judicial Magistrate First Class (JMFC). Territorial jurisdiction rests with the police station in whose limits the alleged act or communication occurred, typically the place from which the message was sent or received. Since the communication was digital, the complainant's location can also trigger jurisdiction, and that makes this a point of careful analysis. Now, before you act, getting jurisdiction right from the outset matters far more than most people realise.

What if Police Refuse to File FIR?

• If the victim or any complainant approaches police and the FIR is refused, they may approach the Superintendent of Police under Section 173(4) BNSS with a written complaint requesting investigation.
• A private complaint may be filed directly before the Magistrate under Section 175(3) BNSS, requesting the Magistrate to direct police to register the FIR and investigate.
• If both avenues fail, a writ petition before the High Court under Article 226 of the Constitution of India is available — the High Court can direct registration of FIR as held in Lalita Kumari v. Government of UP, (2014) 2 SCC 1.
• Document every refusal in writing. Verbal refusals by police don't protect you; written acknowledgment of your attempt to report matters.

Rights of the Accused

• Right against self-incrimination under Article 20(3) of the Constitution — you can't be compelled to be a witness against yourself. Don't make voluntary statements to police without counsel present.
• Right to legal representation under Article 22(1) — you have the right to consult and be defended by a lawyer of your choice from the moment of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 58 BNSS — this is absolute and non-waivable.
• Right to a copy of the FIR free of cost, and the right to know the grounds of arrest, under Section 47 BNSS.
• Right to silence during interrogation — anything said to police before a Magistrate is not admissible as confession, per Section 23 of the Indian Evidence Act (as applicable to pre-BNS proceedings) and equivalent provisions under the Bharatiya Sakshya Adhiniyam, 2023.

Bail Provisions

Offences under Section 64 BNS (rape) are non-bailable. Full stop. If arrested, the accused must apply for bail before the Sessions Court. Anticipatory bail under Section 482 BNSS is available where there's reasonable apprehension of arrest, and in matters like this one, where no FIR has yet been filed, anticipatory bail is often the strategic first step an experienced advocate will consider. Regular bail post-arrest is governed by Section 480 and Section 483 BNSS. Courts weigh the gravity of the offence, antecedents, flight risk, and likelihood of tampering with evidence. For Section 74 and Section 351 BNS, which are bailable offences, bail is a matter of right.

Quashing of FIR / Case

Frankly, this is often the most important tool available in cases like Rohan's. If an FIR is registered and the contents don't disclose a prima facie offence, or if the complaint is an abuse of the process of court, the accused may approach the High Court under Section 528 BNSS (which mirrors the inherent powers previously under Section 482 CrPC) for quashing of the FIR. The Supreme Court laid down the governing principles in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. Where the chat logs establish mutual consent, the absence of any threat in the traditional sense, and immediate resolution between the parties, quashing is a viable strategy. An advocate with specific experience in this category of matter will assess quashing prospects early, rather than waiting for trial.

If You Are the Victim

• Preserve all digital evidence immediately — screenshots of the conversation with timestamps, and back them up to a second device or cloud account.
• File a complaint at the nearest police station. Insist on a written acknowledgment. If refused, approach the SP under Section 173(4) BNSS.
• You may approach the concerned Magistrate directly with a private complaint under Section 175(3) BNSS if police are uncooperative.
• Seek a Protection Order if you apprehend further contact or harassment — applications under the Protection of Women from Domestic Violence Act, 2005 may be relevant if the parties share a domestic relationship.
• Document all communications, including any subsequent messages or calls, after the incident. Each communication forms part of the evidentiary record.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the accused / complainant
• Full screenshot series of the chat conversation, including the date, time stamps, and the profile identifiers of both parties
• Device from which messages were sent (do not factory reset or delete data)
• Call records between the parties around the relevant dates
• Any prior written or digital communication establishing the context of the conversation (including older chats about fiction preferences)
• Medical records, if any physical act accompanied or followed the communication
• Witness statements from any person who was made aware of the conversation contemporaneously
• A certified copy of the FIR, once registered

What Evidence Is Required?

• Primary digital evidence: Original device containing the WhatsApp / SMS conversation, authenticated under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (electronic record provisions).
• Certificate under Section 63(4) BSA: A certificate from the custodian of the electronic record confirming its authenticity is mandatory for electronic evidence to be admissible.
• Secondary corroboration: Any person to whom the complainant disclosed the conversation contemporaneously can testify as a witness.
• Context evidence: Prior chat logs establishing the nature of the relationship, mutual consent, and the fictional discussion that preceded the disputed message.
• Expert evidence: A forensic expert may be required to confirm that messages were not edited, fabricated, or selectively screenshotted.
• Statement of the parties: Recorded before Magistrate under Section 183 BNSS for the complainant's statement.

How the Police Behave in Such Cases

Make no mistake — police often take complaints involving sexual offences seriously and may act swiftly, especially after the amendments brought in post-2013. Where the complainant is a woman reporting a sexual threat, police are under a legal obligation under Section 173 BNSS to register the FIR if a cognizable offence is disclosed. In practice, investigating officers may not immediately assess contextual nuances in digital communications. They may seize devices, summon the accused for questioning, and register an FIR before a full factual picture is even examined. And here's why this matters so much: early engagement of an advocate who handles criminal matters involving digital evidence can significantly change the trajectory, because proactive steps taken before an FIR is filed carry far more weight than scrambling to respond after one is registered.

Timeline of Legal Process

• Step 1 — Complaint / FIR registration: Day 1 to Day 3, depending on police cooperation
• Step 2 — Police investigation: Device seizure, recording of statements, forensic analysis — typically 30 to 90 days
• Step 3 — Chargesheet filing: Under Section 193 BNSS, within 60 days for serious offences (extendable with Magistrate's permission)
• Step 4 — Cognizance and summons: Court takes cognizance and issues process — within 1 to 3 months of chargesheet
• Step 5 — Framing of charges: Sessions Court frames charges after hearing both sides — 3 to 6 months from cognizance
• Step 6 — Trial (evidence and arguments): Examination of witnesses, cross-examination, arguments — 1 to 4 years depending on complexity

Advocate Sudhir Rao, Supreme Court

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.