Rape Threats and Death Threats Received on Phone — What You Must Do Legally 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.

Priya Nair, a second-year college student from Gomti Nagar, Lucknow, came to us in early March 2025 in a deeply distressed state. She'd been receiving repeated phone calls from two different numbers — callers making explicit rape threats against her mother and direct death threats against her younger brother. This had happened at least twice within a span of two weeks, and the calls were clearly traced back to a well-connected former acquaintance who had developed a personal grudge against her family.

She'd first approached a local advocate in her neighbourhood. He filed a general complaint at the nearest police station. The police took the complaint, didn't register an FIR, and days passed without any action while the calls continued. She was told to "wait and watch." Frankly, that response was simply not acceptable given what was being threatened.

When she came to Advocate Sudhir Rao, the matter was handled with the specificity it demanded. A formal application under Section 173(4) of the BNSS was filed before the Superintendent of Police, along with a detailed private complaint before the competent Magistrate. Simultaneously, all call records, screenshots, and audio recordings were preserved as primary digital evidence. Within approximately three weeks of this structured approach, the police registered the FIR and summoned the accused. The calls stopped almost immediately after the FIR was filed — and Priya's family finally had some breathing room, along with legal protection they could actually point to.

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 any call records or messages: Preserve every piece of digital evidence immediately. Call logs, screenshots of the numbers, any voice recordings, and WhatsApp messages must all be saved and backed up. Don't clean your phone before speaking to a lawyer.

File a written complaint, not just a verbal one: Always submit a written complaint at the police station and insist on a written acknowledgement. A verbal complaint leaves no record and can be ignored. Your lawyer can draft this for maximum legal effect.

Matters involving criminal threats, repeated harassment, and influential accused persons require an advocate who regularly handles such cases. Procedural steps like ensuring proper FIR registration, invoking the correct BNS sections, and preserving digital evidence in legally admissible form are often missed when someone approaches a general practitioner. Domain experience genuinely makes a difference here.

Applicable Sections of Law

This matter is squarely criminal in nature. And here's the thing — people often assume a threatening phone call is just a "minor dispute" until they see the actual provisions that apply. The relevant provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) include:

• Section 351 BNS — Criminal intimidation: threatening a person with injury to their body, reputation, or property, or threatening a third person (family member) to cause alarm. This is the primary provision here.
• Section 74 BNS — Assault or use of criminal force with intent to outrage modesty, and by extension, verbal/telephonic threats of a sexual nature directed at a woman.
• Section 308 BNS — Extortion, where threats are used to induce fear or extract any benefit.
• Section 173(4) BNSS — Remedy available to a complainant when police refuse to register an FIR; application to be filed before the Superintendent of Police.

Punishment and Penalties

Now, before you act, understand what you're dealing with in terms of what the law actually provides.

• Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. If the threat is to cause death or grievous hurt, imprisonment may extend to seven years.
• Nature of offence: Cognizable and non-bailable when the threat involves death or grievous hurt.
• Compoundable status: Generally non-compoundable without court permission, giving the victim stronger leverage.
• Section 74 BNS: Imprisonment up to one year, or fine, or both; cognizable offence.
• Additional provisions under the Information Technology Act, 2000 (Section 67 for obscene electronic transmission) may also be invoked depending on the medium used.

Jurisdiction — Where to File the Case

The FIR should be filed at the police station within whose territorial jurisdiction the victim received the threat calls. Since the offence is experienced at the victim's location, that police station has primary jurisdiction — as affirmed in Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that registration of FIR for cognizable offences is mandatory. If the calls originated from another city, the police can coordinate with that jurisdiction. The case is thereafter triable before the Judicial Magistrate First Class (JMFC) having territorial jurisdiction over the area where the FIR is filed. Getting jurisdiction right from the outset avoids procedural delays later.

What if Police Refuse to File FIR?

Police inaction is unfortunately common in threat-call cases, especially when the accused has local influence. You're not without options — not by a long shot.

• File a written application before the Superintendent of Police under Section 173(4) BNSS, attaching all documentary evidence.
• If the SP also fails to act within the prescribed period, file a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS.
• The Magistrate can direct the police to investigate and submit a report, effectively forcing registration.
• As a last resort, file a Writ Petition before the High Court under Article 226 of the Constitution seeking a direction for FIR registration — courts have consistently protected victims in such matters, including in Sakiri Vasu v. State of UP, 2008.

Rights of the Accused

If the person making the threats is arrested, they retain the following constitutional and statutory rights:

• Right against self-incrimination under Article 20(3) of the Constitution — the accused cannot be compelled to be a witness against themselves.
• Right to legal representation under Article 22 of the Constitution — they must be allowed to consult an advocate of their choice.
• Right to be produced before a Magistrate within 24 hours of arrest, as mandated under Article 22(2) and Section 58 BNSS.
• Right to be informed of the grounds of arrest and to receive a copy of the FIR under Section 171 BNSS.
• Right to apply for bail before the appropriate court, subject to the bailable or non-bailable nature of the charge.

Bail Provisions

The bailable nature depends on which specific BNS provision applies. Where the threat involves death or grievous hurt (Section 351, aggravated form), the offence is non-bailable. In such cases:

• Regular bail can be sought before the JMFC or Sessions Court under Section 480 / 483 BNSS after arrest.
• Anticipatory bail under Section 482 BNSS is available if the accused apprehends arrest — this can be filed before the Sessions Court or High Court.
• Typical bail conditions in threat-call matters include a direction not to contact the complainant, surrender of the accused's phone, and a personal bond with surety.
• Opposing anticipatory bail at this stage is a critical strategic step for the victim's side, and should be handled by counsel with experience in criminal matters.

Quashing of FIR / Case

Once an FIR is registered, the accused may approach the High Court seeking quashing under Section 528 BNSS (inherent powers). Grounds typically raised include absence of prima facie offence, malicious prosecution, or a compromise between parties. Make no mistake — as the victim, you should be aware this will likely be attempted. In State of Haryana v. Bhajan Lal, 1992, the Supreme Court laid down the limited circumstances in which FIR quashing is permissible, and threat-call cases with strong digital evidence generally survive such attempts. Ensure your evidence is preserved and properly placed on record before any quashing petition is heard, so the court has the full picture.

If You Are the Victim

Don't wait. These situations don't resolve themselves.

• Do not engage with the caller — don't argue, threaten back, or respond emotionally. Every word you say can be used out of context.
• Record all incoming calls using a call-recording app and immediately back up the recordings to cloud storage.
• Note down the exact date, time, and number for every threatening call received. A written log strengthens your complaint considerably.
• Inform trusted family members and ensure the threatened persons (your mother, sibling, etc.) are aware so they can also take precautions and be available as witnesses.
• Approach a lawyer without delay. Threat-call cases can escalate quickly, and early legal intervention — including securing an anticipatory injunction or fast-tracking the FIR — can make a real difference to your safety.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the complainant (identity proof)
• Printed call log showing the threatening numbers and timestamps
• Audio recordings of the threatening calls (saved and backed up)
• Screenshots of any threatening messages or missed call patterns
• Written complaint copy with acknowledgement from the police station
• Any prior communications with the accused that establish the background or motive
• Witness statements from family members who were also targeted or who heard the calls
• Phone bill or service provider record (obtained via your telecom provider) confirming the call details

What Evidence Is Required?

Evidence is everything in these cases. A complaint without solid documentation won't get you far.

• Call recordings (primary evidence): Audio recordings of the actual threatening calls, authenticated under the principles laid down in Anvar P.V. v. P.K. Basheer, 2014 for electronic evidence admissibility.
• Call detail records (CDR): Obtained from the telecom service provider through a court order or police request; these confirm the origin and duration of calls.
• Screenshot logs: Timestamped screenshots of incoming calls from the threatening numbers.
• Witness testimony: Statements from family members who overheard the threats or were directly threatened.
• Identity of the numbers: TRAI subscriber data or police-obtained details linking the numbers to the accused.
• Prior communications: WhatsApp chats, emails, or social media messages establishing motive or prior conflict with the accused.

How the Police Behave in Such Cases

Be prepared. In threat-call matters, especially where the accused has social or political connections, police can initially be reluctant to register an FIR. They may suggest the complainant "sort it out" informally, or claim the matter is "not serious enough." And here's why that shouldn't discourage you — after Lalita Kumari v. Government of UP, 2014, mandatory FIR registration for cognizable offences is the law, but enforcement requires persistence. Once an FIR is filed, the investigating officer will typically request call records from the telecom provider and may record statements from the complainant and witnesses. Having a lawyer present during statement recording is advisable to ensure your words are accurately captured.

Timeline of Legal Process

• Day 1–3: File written complaint at the police station and demand FIR registration.
• Day 3–10: If no FIR, approach SP under Section 173(4) BNSS. Simultaneously consult a lawyer for private complaint drafting.
• Week 2–3: Private complaint filed before JMFC if SP fails to act; Magistrate may direct police to register FIR.
• Week 3–8: Police investigation begins — call records obtained, accused summoned or arrested.
• Month 2–4: Chargesheet filed before Magistrate (within 60 days for non-bailable offences under Section 193 BNSS).
• Month 4–6: Cognizance taken by Magistrate; charges framed against accused.
• Month 6 onwards: Trial commences — examination of witnesses, cross-examination, arguments.
• 12–24 months (approximate): Judgment, subject to adjournments and court load.
• Post-judgment: Appeal, if required, before the Sessions Court or High Court.

How Long Will the Investigation Take?

For non-bailable cognizable offences under the BNS, the police are statutorily required to file a chargesheet within