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: Recovery agents sending abusive calls and OTP spam to a person who never borrowed or guaranteed a loan can be criminally prosecuted. You have a clear right to file a police complaint — the call recordings and screenshots you’ve kept are powerful evidence. This isn’t just a breach of civil norms; it’s criminal intimidation, and the law provides real remedies.
A casual Sunday afternoon in Nagpur suddenly became a nightmare for Rohit Gupta. His phone buzzed with a call from an unfamiliar number. It was a recovery agent from a third-party agency hired by IndusInd Bank, demanding that Rohit pay his brother Ankit’s unsettled credit card dues. Rohit had never signed any guarantee. He wasn’t even a contact reference. He politely explained this. The calls didn’t stop. They multiplied. Then the abuses began. Vile, unprintable slurs targeting Rohit, his mother, and his sister. One male agent threatened to get him fired from his job. A female agent promised to send so many OTPs that Rohit would go “crazy.” And she did — Rohit’s phone was flooded with SMS confirmations from random websites. He recorded the calls. He also approached the agency’s manager, who said he would terminate the abusive employees. But not much changed for days. That’s when Rohit reached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao quickly recognised the full scope of the harassment: this was not merely an overzealous recovery call but a clear case of criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita, 2023. Advocate Sudhir Rao and his office prepared a structured complaint backed by call recordings, call logs, and OTP screenshots, and approached the jurisdictional police station. Within three days, an FIR was registered. The threats stopped. The specialised handling of digital evidence — preserving metadata and the full chain of calls — made all the difference. Without that, a general complaint might have been dismissed as a civil recovery dispute. But with domain-specific experience in criminal harassment, the matter moved briskly.Key Facts of the Case
- Rohit Gupta was neither a borrower nor a guarantor for his brother Ankit’s IndusInd Bank credit card loan. - Ankit had already reached a settlement with the bank’s recovery agency but was yet to make the payment. - The recovery agents obtained Rohit’s mobile number without his consent and began calling repeatedly. - Abuse, threats of job loss, and a flood of OTP spam from random websites were used to coerce payment. - Rohit recorded multiple calls where the agents used foul language even after being told the calls were being recorded. - The agency manager initially offered to terminate the employees but failed to take effective action. - Advocate Sudhir Rao’s office helped Rohit file an FIR, leading to the immediate cessation of harassment.The Direct Legal Answer
Can I file a police complaint if I’m not the borrower?
Absolutely. No law obligates a non-borrower or a non-guarantor to pay someone else’s loan. When recovery agents threaten, abuse, or spam you, they cross the line from civil recovery into criminal conduct. The offence of criminal intimidation (Section 351 BNS) and intentional insult (Section 352 BNS) are clear. You can walk into the nearest police station with your evidence and demand an FIR.What about the OTP spam and job threats?
Threatening to get you fired is text-book criminal intimidation — it’s a threat to injure your reputation and livelihood. Bombarding you with OTPs to cause mental harassment is part of the same pattern. Recorded calls where the agent says “I will make you crazy by sending OTPs” are gold-plated evidence. The police can add relevant sections of the Information Technology Act, 2000 if digital harassment is severe, but the BNS sections are usually sufficient to start the criminal process.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.
After consultation, stop engaging with the agents. Every additional call where you argue gives them a chance to twist your words. Let your advocate handle all communication. Preserve every shred of digital evidence. Do not delete call logs, recordings, or screenshots — they are your strongest weapons. And, critically, matters like these demand an advocate who regularly handles criminal harassment and digital evidence. A general practitioner may not be fully familiar with the procedural tightrope of proving telephonic threats, especially when the offenders frequently change numbers.Applicable Sections of Law
The primary criminal provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS) that cover such harassment are: - Section 351 BNS — criminal intimidation; threatening injury to person, reputation, or property. - Section 352 BNS — intentional insult with intent to provoke breach of peace; the vicious verbal abuse falls here. - The procedural backbone is the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for filing and pursuing the FIR. Where digital harassment like OTP bombing is used, provisions of the Information Technology Act, 2000 may also be added depending on the facts, but the core BNS sections are robust enough to initiate action.Punishment and Penalties
Under Section 351 BNS, criminal intimidation is punishable with imprisonment of up to two years, or fine, or both. This offence is cognizable (police can arrest without a warrant) and non-bailable. Section 352 BNS carries imprisonment of up to two years, or fine, or both. This is non-cognizable and bailable, which means police need a magistrate’s permission to investigate, but when coupled with the cognizable Section 351 charge, the FIR machinery moves. Fines are left to the court’s discretion based on the gravity of the abuse.Jurisdiction — Where to File the Case
For a criminal complaint of this nature, you approach the police station having territorial jurisdiction over the place where the offence occurred. In mobile harassment cases, that is usually the police station where you received the calls — i.e., your home or workplace in your city. So, Rohit filed the complaint at the police station in his Nagpur locality. If the police refuse to register the FIR, the matter can be escalated to the Superintendent of Police or the jurisdictional Magistrate. The case itself will be tried by a Judicial Magistrate First Class, as the punishment is up to two years.What if Police Refuse to File FIR?
If the station house officer refuses to register an FIR despite a clear cognizable offence, you have a multi-step remedy: - Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint and request a direction to register the FIR. - If that fails, file a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate can order investigation. - As a last resort, invoke the writ jurisdiction of the High Court for a direction to the police to register an FIR. But the first two steps usually suffice in cases backed by clear recordings.Rights of the Accused
Even the recovery agents, once named as accused, have defined rights under the Constitution and BNSS. The victim, though, should be aware of these so that no procedural lapses occur later: - Right against self-incrimination under Article 20(3) of the Constitution. - Right to legal representation under Article 22(1). - Right to be produced before a Magistrate within 24 hours of arrest (Article 22(2)). - Right to a copy of the FIR and to know the grounds of arrest. - Right to apply for bail under the applicable BNSS provisions.Bail Provisions
Since the charge under Section 351 BNS is non-bailable, any accused recovery agent would need to seek regular bail under Section 480 BNSS or anticipatory bail under Section 482 BNSS. Courts typically grant bail with conditions — such as not contacting the complainant, not leaving the city without permission, and depositing a bond. From the victim’s standpoint, knowing that the accused will be quickly out on bail shouldn’t discourage filing a complaint; the real victory is stopping the calls and building a deterrent.Quashing of FIR / Case
The High Court can quash an FIR under its inherent powers in Section 528 BNSS. This happens if the FIR, taken at face value, discloses no offence, or is a blatant abuse of process. In harassment cases where the complainant has clear recordings, quashing is unlikely. Sometimes, if the bank and agents genuinely settle and compensate, a joint compromise petition can be moved, but that’s rare. The State’s interest in prosecuting criminal intimidation is not easily washed away by a private settlement.If You Are the Victim
- Start recording calls immediately — inform the caller you are recording, but even if they continue, the recording is valid evidence. - Screenshot every abusive message and OTP flood; save them with time stamps. - Lodge a formal complaint with the bank’s grievance cell and ask for a written response. This becomes additional evidence. - Do not delete the call log; extract it from your mobile or obtain a copy from your service provider. - Approach a lawyer with the entire evidence folder. A well-documented complaint gets quicker police traction.Documents You Must Keep Ready
- Identity proof: Aadhaar card, PAN card, and a recent photograph. - Detailed written complaint with a chronological list of calls, dates, and the nature of abuse. - Call recordings stored in a pen drive or CD along with a transcript for easy reference. - Screenshots of OTP messages or any platform sign-up confirmations. - Call log printout or CSV file from your device, showing the numbers and times. - Bank complaint acknowledgment or email, if any. - Witness details if someone else heard the calls on speaker.What Evidence Is Required?
- Audio recordings of the calls (original files, not edited). Ensure the recording device has a clear voice capture. - Call detail records from your telecom provider to prove the calls originated from the agent’s number. - Screenshots of message threads showing the abuse and OTP spam. - Any written communication (emails, WhatsApp texts) from the recovery agency. - Your written complaint to the police with a sworn affidavit. - A printed timeline of events, since investigators appreciate a ready-made sequence. Secondary evidence like a friend’s testimony about hearing the abuse can also be useful, but primary digital evidence is decisive.How the Police Behave in Such Cases
Police stations often initially treat recovery harassment as a “civil matter” because a loan exists somewhere in the background. They might try to shoo you away or ask you to “adjust.” That’s where the recordings change the game. When you play the audio of the agent yelling the vilest abuses and threatening your job, the narrative shifts. The officer realises this isn’t a mere recovery call. In Rohit’s case, once the audio was heard, the FIR was registered without further resistance. Be polite but firm, and carry a written complaint with precise legal sections.Timeline of Legal Process
- Day 0: Filing of complaint and registration of FIR. - Days 1-5: Police collect evidence, call recordings, and may summon the accused agents. - 60-90 days: Investigation usually completes; police file a chargesheet before the Magistrate. - Next hearing: Magistrate takes cognizance and issues summons to the accused. - Framing of charges: If the accused pleads not guilty, the trial begins. - Trial: Complainant and other witnesses are examined and cross-examined. - Judgment: May take 6-12 months after charges are framed, depending on case load. - Appeal: Either side can appeal within prescribed limitation.How Long Will the Investigation Take?
In a straightforward case backed by strong recordings, the investigation typically wraps up within 60 to 90 days. The chargesheet must be filed before 90 days expire if the accused is in custody, or else they become entitled to default bail. Given that the recovery agents are usually not arrested, investigation proceeds at a reasonable pace. You can expect a chargesheet within three months.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?
For offences under Section 351 BNS (criminal intimidation), the offence is non-compoundable, meaning a private settlement between you and the accused cannot automatically close the criminal case. However, with the court’s permission, the parties can file a compromise petition and the High Court may quash the FIR under Section 528 BNSS if it is convinced that the settlement is genuine and no larger public interest is harmed. Mediation or a formal apology by the bank along with an undertaking to stop calls often helps. But till the court agrees, the case proceeds. So, settlement is possible, but it’s not a simple handshake deal.Common Mistakes People Make
- Engaging in heated arguments with agents, which can be misquoted or used to paint you as an aggressor. - Deleting call logs or recordings thinking it’s “over” after a temporary pause. - Delaying the police complaint — the more time passes, the weaker the evidence trail. - Filing a vague complaint without attaching digital proof; this gives police a reason to send you back. - Handling the matter without an advocate who regularly deals with criminal harassment and digital evidence. The chain of custody for recordings, metadata preservation, and framing of the FIR require specific know-how that a general practitioner may not have. - Posting details on social media before the FIR is registered. That can backfire and complicate the legal stand.FAQs People Normally Have
Can I get compensation for the harassment? Yes, you can file a parallel civil suit for damages for mental torture, but criminal prosecution is the faster and stronger first step.
Should I block the number? Blocking can stop the calls but also stops you from gathering further evidence. Let the calls come, record them, and don’t pick up unless you are ready with a recorder.
The manager said he’d fire them. Is that enough? An internal termination does not settle the criminal offence already committed. Your complaint is still valid and necessary for a deterrent.
Can I complain to the RBI? Yes, you can lodge a complaint with the banking ombudsman against the bank for using coercive recovery methods. That parallel route keeps institutional pressure on the bank.
What if the agent uses a virtual number? Even virtual numbers leave a trail with telecom providers. Police can trace them with a production order under Section 91 BNSS.
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 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.