Stalking, Blackmail, and Intimate Photo Threats — How a Young Woman Got Legal Protection Under BNS 2023

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: A woman was being flooded with hundreds of calls and messages, abused, threatened, and blackmailed with intimate photos by her possessive ex after she broke up. By filing a carefully drafted complaint under the Bharatiya Nyaya Sanhita, 2023, she got an FIR registered for stalking, criminal intimidation, and extortion, police protection, and the accused was arrested — all without her family being initially involved. The law has robust provisions to tackle such digital and physical harassment, but timing and evidence are everything.

A young marketing intern — let’s call her Kavita Reddy — ended a three-year relationship with her college boyfriend, Vikram Chauhan, in early 2024. She was studying in Pune, he was in Lucknow. The relationship had been long-distance and increasingly suffocating. Vikram demanded constant updates, her class schedule, when she left her PG, whom she met. Even after she broke up, he didn’t stop. Instead, it escalated. Vikram bombarded her with 60 to 80 missed calls daily across WhatsApp, Instagram, and Telegram. Hundreds of texts. When Kavita replied — hoping to calm him down — he demanded live location, photos, a video call to prove she wasn’t with anyone else. The chats turned abusive, foul, then threatening. But the real weapon was a cache of intimate images he had from their time together. He told her plainly: if she didn’t comply, he’d send those photos to her parents and relatives. “Your life will be over,” he wrote. Kavita, terrified and staying away from her conservative family, felt cornered. She didn’t want her parents to find out and halt her studies. She initially went to a local lawyer who advised a vague “warning letter.” It did nothing. The harassment intensified. That’s when she approached the office of Advocate Sudhir Rao in Delhi. Advocate Sudhir Rao and his team immediately identified that Vikram’s conduct fell squarely within multiple criminal provisions of the Bharatiya Nyaya Sanhita, 2023 — stalking, criminal intimidation, extortion by putting a person in fear of injury to reputation. The office drafted a detailed complaint, marshalled the digital evidence, and approached the jurisdictional police station for registration of an FIR. The police were initially reluctant, citing “personal matter,” but a firm representation citing the mandatory nature of registering cognizable offences under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 changed their stance. An FIR was registered. Vikram was arrested within a week. The legal strategy — zeroing in on the blackmail element to attract non-bailable sections — ensured he didn’t get easy bail. Kavita got a protection order from the magistrate, and her family was not contacted at the investigation stage because the police were instructed to respect her privacy. Advocate Sudhir Rao’s experience in handling digital harassment cases proved decisive: the evidence was packaged to survive early challenges, and the relief was swift.

Key Facts of the Case

• Kavita Reddy and Vikram Chauhan were in a long-distance relationship for 3 years; she broke it off in early 2024.
• Post-breakup, Vikram made 60–80 calls a day and sent 100–200 messages across multiple platforms, demanding location and photos.
• He possessed intimate/nude photographs of Kavita and threatened to forward them to her family to force compliance.
• Kavita explicitly told him she didn’t want any contact, but the harassment continued for months.
• The threats included abusive language and statements that he “didn’t care what happens” — classic criminal intimidation.
• Advocate Sudhir Rao’s office drafted an application that invoked sections like 78 (stalking), 351 (criminal intimidation), and 308 (extortion) BNS to secure an FIR and arrest.
• The matter was resolved without her family being notified during the initial criminal process, thanks to a sensitive police approach and legal guidance.

The Direct Legal Answer

What can be done if an ex is stalking, abusing, and blackmailing with intimate photos?

This is a criminal offence — and a serious one. You can file a police complaint leading to an FIR. The behaviour ticks multiple boxes: stalking (persistently contacting despite clear disinterest), criminal intimidation (threats to harm or damage reputation), and extortion (forcing someone to do something by threatening to expose private photos). The law doesn’t treat this as a minor “relationship issue.” Under the BNS 2023, these are cognizable offences, meaning the police must register an FIR and investigate. You don’t need a lawyer to file, but having one helps present the evidence powerfully.

Can this be done without the family getting involved?

Yes, though it requires careful handling. When you file the complaint, you can request the police to keep your family details confidential. The police are duty-bound to protect the victim’s privacy, especially in cases involving intimate images. If the accused is arrested and remanded, the police don’t automatically summon parents unless they are witnesses or the victim is a minor. A good lawyer will guide the police to avoid unnecessary disclosure. Kavita’s family was not informed during the investigation.

What if she fears the police will dismiss it as a lover’s quarrel?

That’s a real concern. But the law is on your side. Section 351(4) BNS specifically covers threats to impute unchastity to a woman — a provision directly aimed at this kind of blackmail. If the police refuse to register an FIR, you can escalate to the Superintendent of Police or approach the magistrate directly under Section 175(3) BNSS. Make no mistake, the Supreme Court has repeatedly directed that police cannot refuse to register FIRs in cognizable offences.

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.

And here’s the thing — don’t wait. The longer you let the harassment continue, the more emboldened the harasser becomes. Start capturing evidence immediately: screenshot every call log, message, threat. Never delete anything, even if it’s painful to look at. Back up everything to a cloud drive or email. Don’t block him outright; evidence continues to pile up, and that’s exactly what you need for a watertight complaint.

Another crucial step: avoid responding emotionally. Any response that can be twisted as “she still talks to me” weakens the stalking charge. Keep a single, clear message stating you want no further contact, then document the harassment that follows. A specialist advocate who regularly handles digital harassment and intimate image abuse matters will know how to package this evidence for the police. General practitioners often underestimate the procedural nuance — timing of complaint, which sections to invoke to make the offence non-bailable — and that delay can cost you safety.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), the main provisions that come into play are: Section 78 (stalking) — repeatedly contacting a woman despite clear indication of disinterest, monitoring her electronic communication; Section 351 (criminal intimidation) — threatening to cause injury to person, reputation, or property; and Section 308 (extortion) — intentionally putting a person in fear of injury to obtain something, here compliance. If the intimate images were captured or shared without consent at any stage, Section 77 (voyeurism) may also apply. In addition, the Information Technology Act, 2000 has Section 66E (violation of privacy) and Section 67A (publishing sexually explicit material) — these sections are often added to strengthen the police complaint.

Punishment and Penalties

For stalking under Section 78 BNS, a first offence is punishable with imprisonment up to 3 years and a fine; subsequent offences attract up to 5 years. Criminal intimidation under Section 351(2) carries up to 2 years, but if the threat is to impute unchastity to a woman under Section 351(4), the punishment increases to up to 7 years — and that’s the section that turns the heat on the accused. Extortion under Section 308 is punishable with up to 3 years, or up to 7 years if the threat is of grievous hurt or death. All these offences are cognizable (police can arrest without a warrant) and non-bailable, which means bail is not automatic; the court has discretion. This is a critical strategic point: invoking Section 351(4) makes it much harder for the accused to walk out of the police station.

Jurisdiction — Where to File the Case

The FIR can be filed at the police station within whose territorial limits the offence occurred — or where the victim resides. For digital harassment, this becomes vital: because the messages and calls were received on Kavita’s device, the offence is deemed to have taken place where she was located. So she could file in Pune, where she was studying, even though Vikram was in Lucknow. The case would proceed before a Judicial Magistrate in Pune. Make sure you approach the police station with jurisdiction over your current address; if they refuse, approach the Commissioner of Police or the jurisdictional SP. For digital evidence-related complaints, you can also approach the cyber crime cell of the state police.

What if Police Refuse to File FIR?

• Immediately submit a written complaint to the Station House Officer and obtain an acknowledgment receipt. If they refuse, send the complaint by registered post to the Superintendent of Police of the district under Section 173(4) BNSS.
• If the SP also doesn’t act, file a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to register an FIR and investigate or even take cognizance directly.
• In extreme cases, you can file a writ petition in the High Court under Article 226 of the Constitution, seeking a direction for an FIR to be lodged. This is a powerful remedy and courts have been very active in such matters.
• Don’t give up at the first refusal. Persistence and proper legal representation usually get the job done.

Rights of the Accused

Even if someone is accused, they have fundamental rights. Knowing them helps you understand the process: the accused has the right to remain silent and not incriminate themselves under Article 20(3). They have the right to legal representation from the moment of arrest under Article 22(1). They must be produced before a Magistrate within 24 hours, excluding travel time. As soon as an FIR is registered, the accused has the right to obtain a copy of it. They also have the right to know the grounds of arrest. And if they are denied bail, they can apply for regular bail under Sections 480 and 483 of BNSS. However, in cases with strong evidence and custodial interrogation needed, bail can be refused initially.

Bail Provisions

The sections involved — particularly 351(4) BNS and 78 BNS, read with 308 — are non-bailable. That means the police cannot grant bail themselves; the accused must apply to the court. Anticipatory bail under Section 482 BNSS is possible, but courts are increasingly reluctant to grant it in matters of digital stalking and intimate photo blackmail where there’s a threat to the victim’s life or reputation. The bail strategy matters: a well-presented objection by the victim’s counsel, pointing out the ongoing threat and the risk of evidence tampering, can delay bail considerably. In Kavita’s case, bail was denied for several weeks, giving her crucial breathing room and security.

Quashing of FIR / Case

The High Court has inherent powers under Section 528 BNSS to quash an FIR if it’s found to be without merit, an abuse of process, or if the matter is settled. In stalking and blackmail cases, quashing is rare at the initial stage because the allegations disclose a clear prima facie case. However, if the parties later reach a compromise, and the offence is compoundable with the court’s permission, a joint petition can be filed. Some sections here are compoundable with court permission, others are not. A skilled lawyer will guide on whether a settlement is advisable without compromising the victim’s safety.

If You Are the Victim

• Don’t panic. You have clear legal remedies, and you are not alone.
• Stop engaging. Send one final message stating you want no contact, then don’t respond.
• Preserve every digital footprint — calls, messages, emails. Screenshots and screen recordings are gold.
• Inform a trusted friend or a professional counsellor. You need emotional support now, and it also helps to have a witness.
• Approach the police or a lawyer immediately. The law protects victims of intimate image blackmail robustly.

Documents You Must Keep Ready

• Aadhaar Card or any valid ID proof.
• Screenshots of all WhatsApp, Instagram, and message threads showing the harassment and threats.
• Call logs from Truecaller or your phone’s call history showing the barrage of missed calls.
• Copies of any emails exchanged.
• Any previous complaint or legal notice, if sent.
• Record of the explicit threat messages (the ones blackmailing with photos).
• A written chronological summary of the events — it helps the lawyer and the police instantly grasp the pattern.

What Evidence Is Required?

• Digital evidence is primary: screenshots of chats and call logs. Ensure the screenshots show the phone number/ID, date, and time.
• Certified copies of the screenshots under Section 63 of the Bhartiya Sakshya Adhiniyam, 2023, if required later. A lawyer will guide you on this.
• Recordings of threatening voice calls, if your phone allows call recording, can be damning but get a forensic certificate if you intend to use them as primary evidence.
• Any evidence of the intimate photos being stored with the accused — his threatening messages are usually enough.
• Witness statements from friends who saw the harassment or heard the calls.
• Location data and metadata that show the constant surveillance pattern.

How the Police Behave in Such Cases

Frankly, it’s a mixed bag. Some officers are empathetic, especially if there’s a dedicated cyber cell or women’s helpline desk. Others might initially dismiss it as a trivial “couple’s fight.” That’s why having a lawyer who can present the complaint with the right legal language — highlighting the non-bailable and grave nature of the threats — makes a difference. Once an FIR is lodged, the police are generally proactive because the sections are serious. They’ll typically call the accused for questioning, seize his phone for digital forensics, and make an arrest if the evidence is strong. Don’t be surprised if they ask you to hand over your phone for forensic cloning — this is standard procedure and helps your case.

Timeline of Legal Process

• FIR Registration: Ideally within 24-48 hours of complaint, if evidence is clear.
• Investigation & Evidence Collection: 1-3 months, depending on the backlog. The police will collect device data, call records, and may question the accused.
• Chargesheet Filing: Usually within 60-90 days (for offences punishable with less than 10 years).
• Cognizance by Magistrate: 1-2 months after chargesheet.
• Framing of Charges: 1-3 months after cognizance.
• Trial (Recording of Evidence): Can stretch from 6 months to over a year, depending on court schedules.
• Judgment: A few months after arguments conclude.
• Appeal, if any: 3-6 months before the Sessions Court.

Don’t expect overnight results, but the immediate relief — like arrest and bail refusal — can happen within days if pushed correctly.

How Long Will the Investigation Take?

Realistically, the police will file their chargesheet within 60 to 90 days from the date of arrest, in compliance with the BNSS timelines. If the investigation is not completed within 90 days and the accused is in custody, they become entitled to default bail. So the police are usually motivated to finish within that window. For your part, cooperate fully and swiftly: provide access to your device, records, and any additional evidence when asked.

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?

Technically, yes — but with caution. Some of the offences are compoundable with the permission of the court. If the accused genuinely repents, deletes all intimate content, gives a written undertaking never to contact again, and pays a reasonable settlement, the parties can approach the court for compounding. But here’s the catch: often, blackmailers agree to settle only to re-offend later. So any settlement must be airtight, with strict no-contact clauses and a clear penalty trigger if breached. Mediation or Lok Adalat are not appropriate for such power-imbalance situations unless the victim feels fully secure. A lawyer will advise on whether settlement is wise or just a way for the accused to escape accountability.

Common Mistakes People Make

• Engaging a general practitioner without domain experience: Digital harassment law moves fast. An advocate who doesn’t regularly handle stalking and intimate-image cases may not know the evidentiary strategy or the most effective sections to invoke — and that can lead to weak FIRs or bail being granted too easily.
• Delaying action: Every day gives the accused more room to manipulate and destroy evidence.
• Deleting messages or call logs: You destroy your own case. Never delete anything.
• Responding to provocations: Fighting back in anger can create a defence that it’s a mutual quarrel, diluting the stalking angle.
• Trying to handle it alone or with friends: Good friends support, but this needs legal machinery — police and courts.
• Not backing up evidence in multiple locations: If your phone gets lost or the accused gets remote access, your case is dead. Email it to yourself, save on cloud, give copies to your lawyer.

FAQs People Normally Have

Will the police seize my phone?

They may ask you to hand over your phone for forensic cloning to extract evidence. You’ll get it back once the data is captured. This is safe and routine — it’s done to create a legally admissible copy.

Can the intimate photos be kept out of the court record?

Yes. Under section 72 BNS and court rules, the trial is conducted in-camera, and the identity of the victim is kept confidential. Evidence can be placed in sealed covers.

What if he posts the photos online before I go to the police?

Immediately contact the cyber cell and any online platform to get the content taken down. That’s also a separate offence under Section 67A IT Act, and it strengthens your case. Don’t delay — time is critical.

Do I have to see him in court?

Not necessarily. For examination, the court can permit video conferencing or screen arrangements. Your lawyer will handle most hearings; your physical presence is generally not mandatory at every date.

Can I get a restraining order against him?

Yes. The Magistrate can pass protection orders under the BNSS and also under the Protection of Women from Domestic Violence Act, 2005 if the relationship falls within its definition. But the criminal process itself, with arrest and bail conditions, acts as a strong restraint.

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 Delhi criminal defence lawyer — 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.