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 Verma was nineteen years old when she first came to us. She had grown up in Kanpur, and the trouble had started years before that — when she was barely thirteen, walking home from her tuition centre in the Govind Nagar locality. A man nearly eight years older had begun following her every day, waiting near her school gate, appearing outside her home. She didn't tell anyone at first. The shame, the confusion, the fear — she carried it all quietly. Over time, through fear and manipulation, she was pushed into a relationship she never freely chose.
The man, Devraj Tiwari, controlled her completely. He lied about attending Lucknow University. He forced her to smoke, threatening violence when she resisted. A mutual acquaintance eventually told Priya that Devraj's stated intention was to keep her dependent on substances so she could never leave. When her father tried to intervene on a public street in early March 2024, Devraj struck him. The family filed multiple police complaints at the Govind Nagar police station — and Devraj was let go each time. The local police informally advised the family to relocate rather than pursue the matter. So they did. They left their ancestral home and moved to Pune.
Eight months later, around November 2024, Devraj appeared outside Priya's new apartment in the Kothrud area of Pune. He waited there six to ten hours at a stretch, every two or three days. By this point he had already been involved in a fatal road accident in Kanpur, had received bail, and was working irregularly as a cab driver while openly speaking about violence. Priya's family had tried approaching the local Kothrud police station on their own. The complaint was not converted into an FIR. That's when they reached Advocate Sudhir Rao.
The matter involved multiple overlapping offences — stalking, criminal intimidation, voluntarily causing hurt, and coercion to consume a narcotic substance. The approach taken was structured: an application was filed before the Pune Magistrate under Section 175(3) BNSS seeking direction to the police to register an FIR, alongside a representation to the Superintendent of Police under Section 173(4) BNSS. Within three weeks of that filing, an FIR was registered. A restraining order was simultaneously sought. The intervention of an advocate experienced in handling such matters, who understood both the procedural pressure points and the evidentiary documentation required, made a measurable difference to how quickly the machinery moved.
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.
Document Everything Immediately: Start maintaining a written diary of every incident — date, time, location, what happened, witnesses present. Screenshot any messages, calls, or social media contact from the accused. Don't wait to do this. Memory fades; records don't.
Do Not Engage With the Accused Directly: It can be tempting to confront or reason with a stalker. Don't. Any direct contact can be twisted to suggest consent or willingness to engage. Let your advocate handle all communication-related strategy.
This category of matter — combining stalking, coercion, intimidation, and potential narcotics-related compulsion — involves procedural and evidentiary dimensions that a general practitioner may not be fully familiar with. Engaging an advocate who regularly handles such criminal matters can significantly affect how fast the FIR is registered and how strongly the case is built from the start.
Applicable Sections of Law
The following provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) apply to cases of this nature:
- Section 78 BNS — Stalking: Criminalises any man who follows, contacts, or monitors a woman repeatedly against her will, or attempts to force personal interaction despite a clear indication of disinterest. Applies directly to the sustained surveillance and waiting behaviour described.
- Section 115 BNS — Voluntarily Causing Hurt: Covers the repeated physical assault on the victim and her father. The act of hitting someone causing bodily pain, disease, or infirmity constitutes hurt under this provision.
- Section 351 BNS — Criminal Intimidation: Applies where the accused threatened the victim with injury to cause alarm or compel her to act against her will, including threats to prevent her from attending college.
- Section 173(4) BNSS — Complaint to Superintendent of Police: If a police station refuses to register an FIR, the aggrieved person may send the substance of the complaint to the SP in writing, who may investigate or direct an investigation.
Punishment and Penalties
- Section 78 BNS (Stalking): First conviction — imprisonment up to three years and a fine. Second or subsequent conviction — imprisonment up to five years and fine. The offence is cognizable and non-bailable on second conviction.
- Section 115 BNS (Voluntarily Causing Hurt): Imprisonment up to one year, or a fine up to ten thousand rupees, or both. Cognizable, bailable, and compoundable with permission of the court.
- Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. Where the threat is to cause death or grievous hurt, imprisonment extends up to seven years. Cognizable and non-bailable in the aggravated form.
Jurisdiction — Where to File the Case
For stalking and criminal intimidation, the FIR must be filed at the police station within whose territorial jurisdiction the incident occurred. Since the accused now waits outside the victim's residence in Pune, the police station covering that residential area has clear territorial jurisdiction. And here's the thing — if the same accused committed prior offences in Kanpur, a separate complaint can be filed there too under Section 202 BNSS for incidents occurring within that territorial area. The trial for stalking under Section 78 BNS is conducted before the Chief Judicial Magistrate or Judicial Magistrate First Class having jurisdiction over the area.
What if Police Refuse to File FIR?
Police refusal to register an FIR in a cognizable offence is itself illegal, as held in Lalita Kumari v. Government of UP, 2014 by the Supreme Court, which made it mandatory for police to register an FIR when a cognizable offence is disclosed. If the police still refuse, the following steps are available:
- Send a written complaint to the Superintendent of Police under Section 173(4) BNSS by registered post or in person.
- File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS — the Magistrate can direct the police to investigate.
- File a writ petition before the High Court under Article 226 of the Constitution seeking a mandamus directing registration of the FIR.
- File a complaint before the State Human Rights Commission or the State Police Complaints Authority for police inaction.
Rights of the Accused
Even in serious stalking and assault cases, the law guarantees certain rights to the accused. Understanding these helps the victim's side anticipate what may happen during proceedings.
- Right against self-incrimination under Article 20(3) of the Constitution — the accused cannot be compelled to be a witness against himself.
- Right to legal representation at every stage under Article 22(1).
- Right to be produced before a Magistrate within 24 hours of arrest under Section 58 BNSS.
- Right to receive a copy of the FIR under Section 173(2) BNSS and to be informed of the grounds of arrest.
- Right to apply for bail — bailable offences allow bail as a matter of right; non-bailable offences require a bail application before the Magistrate or Sessions Court.
Bail Provisions
Stalking under Section 78 BNS (second or subsequent offence) is non-bailable. First-time stalking is bailable. Criminal intimidation in aggravated form is non-bailable. Where the offence is non-bailable, the accused must apply for regular bail under Section 480 BNSS before the Magistrate, or under Section 483 BNSS before the Sessions Court. Anticipatory bail under Section 482 BNSS is available if arrest is anticipated before it occurs. Make no mistake — the victim's advocate can appear at the bail hearing and oppose bail by placing the history of threats, the prior incidents, and the risk of repetition before the court. Courts have considered these factors seriously in cases like Arnesh Kumar v. State of Bihar, 2014.
Quashing of FIR / Case
Under Section 528 BNSS, the High Court has inherent power to quash an FIR where no prima facie offence is disclosed, where the proceedings amount to an abuse of the court's process, or where a compoundable offence has been genuinely settled. In stalking and criminal intimidation matters — particularly those with a documented history of violence and repeat offending — quashing petitions filed by the accused face a high threshold. Courts have consistently refused quashing where there is clear evidence of a pattern of behaviour, as seen in State of Haryana v. Bhajan Lal, 1992. The victim's advocate can file a strong reply opposing any quashing attempt.
If You Are the Victim
- File an FIR immediately at the police station nearest to where the stalking or assault is occurring. Insist on a copy of the FIR — you are legally entitled to it.
- Apply for a protection order under the Protection of Women from Domestic Violence Act, 2005 if the accused is or was in a domestic relationship with you — the Magistrate can pass an interim protection order within one hearing.
- Inform your residential society's security staff in writing about the accused's appearance, with a photograph if available — this creates a documented record of his presence.
- Save all call logs, messages, and any social media contact from the accused. Do not delete anything.
- If you feel immediately unsafe, contact the Women's Helpline at 181 or the emergency number 112 for immediate police presence at your location.
Documents You Must Keep Ready
- Aadhaar card and PAN card of the victim (for identity verification in complaints)
- Copies of all previous FIRs and police complaints filed, with acknowledgment receipts
- Medical records and doctor's certificates if physical assault caused injury
- Photographs of injuries, if any, with date and time metadata
- Printouts or screenshots of threatening messages, calls, or social media interactions
- Diary or log of stalking incidents — date, time, location, duration, witnesses
- CCTV footage from residential society or nearby establishments showing the accused waiting outside (preserve promptly — footage is often overwritten within 7-15 days)
- Witness statements from neighbours or security guards who have seen the accused outside the premises
What Evidence Is Required?
- Primary evidence of stalking: CCTV footage of the accused waiting outside the victim's home or college, with timestamps.
- Call detail records (CDR): Obtained through the advocate from the telecom provider, showing frequency and pattern of calls from the accused's number.
- Medical evidence: Doctor's certificates and hospital records documenting physical injuries from assault on the victim and her father.
- Digital evidence: Screenshots of threatening messages or calls on WhatsApp, SMS, or any platform — export with metadata where possible.
- Witness testimony: Neighbours, security guards, and classmates who witnessed the accused's presence or the assault.
- Written records: Previous FIR copies, police diary entries, and correspondence with the police station establishing a pattern of complaints and police responses.
How the Police Behave in Such Cases
Stalking complaints — especially where the accused and victim have a prior relationship — are sometimes treated by local police as a "personal matter" rather than a cognizable criminal offence. Officers may suggest mediation, discourage FIR registration, or record only a general diary (GD) entry. This is incorrect as a matter of law. Frankly, it happens more often than it should. The Supreme Court in Lalita Kumari v. Government of UP, 2014 made FIR registration mandatory for cognizable offences. In practice, prompt written complaints to senior officers and documented follow-ups change how seriously a case is pursued. Pressure through legal channels — Magistrate applications or SP representations — consistently produces faster police action than verbal complaints alone.
Timeline of Legal Process
- Day 1-3: File FIR at the jurisdictional police station. If refused, send written complaint to SP under Section 173(4) BNSS.
- Week 1-2: Police to record statements of victim and witnesses. Preserve CCTV footage through police or advocate.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal lawyer 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.