Threat of College Complaint After Accidental Contact With Blocked Person | Legal Remedies

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 single accidental message to someone who blocked you does not automatically constitute stalking or a criminal offence under the BNS. A threat to report you to your college is a private complaint, not a police matter, unless there is evidence of repeated harassment. You have the right to remain silent, demand proof of the alleged offence, and defend yourself before any academic or legal forum.

One of our clients, a 22-year-old MBBS student at a private college in Indore, found himself in a genuinely awkward spot. In early May 2025, while clearing out old chats, he accidentally sent a "hello" to a former classmate — a woman who had blocked him nearly a year earlier after a minor misunderstanding. She had been in a relationship, and her partner, a reputed businessman in the city, saw the message. Within hours, the partner called our client's college administration, threatening to file a police complaint for stalking and to get him expelled. Panicked, the student first approached a local general practitioner who was unsure about handling what looked like a criminal harassment accusation. That's when he reached the Chamber of Advocate Sudhir Rao.

Advocate Sudhir Rao and his team immediately recognised this was not a simple criminal matter but a classic case of a threat inflated by personal emotions. There was no prior pattern of contact, no threatening language, and no evidence of intent to harass. The office sent a formal reply to the college — not a police complaint — pointing out that a single accidental message, without any context of persistent unwanted behaviour, does not meet the legal threshold for stalking under the Bharatiya Nyaya Sanhita. Advocate Sudhir Rao's expertise in cyber and criminal defence helped secure an assurance from the college that no disciplinary action would be taken unless a proper police complaint was lodged with evidence. The partner eventually backed down when he realised the law was clear.

Key Facts of the Case

• The client had been blocked by the complainant's partner in June 2024 — no contact occurred for nearly 11 months.
• The alleged "accidental contact" was a single text message — no repeated calls, no threats, no following.
• The complaint made to the college had no supporting evidence, no screenshots, no timeline of harassment.
• The college did not have any prior complaint against the student from any other person.
• The legal position under Section 78 BNS requires at least a "course of conduct" causing mental harm — one accidental message does not qualify.
• The partner's threat was made through a phone call, not in writing, and was immediately reported by the client to his college dean.

The Direct Legal Answer

Does a single accidental message to a blocked person amount to stalking?

No. Stalking under Section 78 of the BNS requires a "course of conduct" — meaning repeated, unwanted, and intrusive behaviour that induces fear or mental trauma. One accidental text, especially without any history of harassment, does not meet that standard. A court would look for evidence of intent, pattern, and harm. A genuine mistake is not a crime.

Can the partner's threat to report me to my college lead to expulsion?

Colleges can take disciplinary action based on complaints, but they are not courts. They need a reasonable basis. A simple accusation without evidence — especially from a third party (the partner, not the blocked person herself) — is weak. Most institutions will ask for a police complaint or at least a sworn statement from the complainant. Without that, expulsion is unlikely. However, it's crucial to submit your own written explanation to the college proactively.

What should I do if the partner files a false FIR?

If a false FIR is filed under Section 78 BNS or Section 79 (criminal intimidation), you have several remedies: file a counter-complaint, apply for anticipatory bail under Section 482 BNSS, and later file for quashing the FIR under Section 528 BNSS before the High Court if there is no prima facie case. The law protects against malicious prosecution.

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.

Keep a calm record. Do not delete any messages or call logs. Do not engage directly with the complainant or the partner — everything must go through your lawyer. And never post about the matter on social media; that can be used against you. Make no mistake, this category of case involves nuanced evidentiary issues — showing the difference between a mistake and harassment. A general practitioner may miss the procedural steps needed to get the college to take your side early.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS) 2023, the key section here is Section 78 — Stalking. It defines stalking as repeatedly following, contacting, or attempting to contact a person despite clear indication of disinterest, causing mental or physical harm. A single accidental contact without any such history does not constitute this offence. Also relevant is Section 79 (criminal intimidation) if threats are made. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, Section 173(4) provides for approaching the SP if police refuse to register an FIR, and Section 528 gives the High Court power to quash an FIR that is an abuse of process.

Punishment and Penalties

Stalking under Section 78 BNS is punishable with imprisonment up to three years for the first offence, and up to five years for a subsequent conviction. A fine is also imposed. The offence is non-bailable in certain cases and non-compoundable. For criminal intimidation under Section 79 BNS, imprisonment can extend up to two years or fine, or both. Note that these are penalties for the accused — if the complaint is false, the complainant can be prosecuted for giving false information under Section 229 BNS.

Jurisdiction — Where to File the Case

Criminal jurisdiction lies with the police station serving the area where the alleged incident occurred — typically where the blocked person resides or where the message was received. The case then goes to the jurisdictional Magistrate's court. Territorial jurisdiction matters because an FIR at the wrong station can cause unnecessary delays. If the matter involves a false complaint, you can file a private complaint under Section 175(3) BNSS before the same Magistrate who would have taken cognizance of the original FIR.

What if Police Refuse to File FIR?

If the police refuse to register an FIR, here's what you do:

• First, approach the Superintendent of Police under Section 173(4) BNSS — the SP can direct the SHO to register the FIR.
• If that fails, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
• The Magistrate can order an investigation under Section 175(4) BNSS.
• As a last resort, file a writ petition under Article 226 before the High Court seeking a direction to register the FIR.

Rights of the Accused

If an FIR is registered against you, you have fundamental rights:

• Right to remain silent — you are not required to confess anything (Article 20(3)).
• Right to legal representation — you can consult a lawyer before any interrogation (Article 22).
• Right to be produced before a Magistrate within 24 hours of arrest.
• Right to a copy of the FIR — within 24 hours of registration.
• Right to know the grounds of arrest at the time of arrest.

Bail Provisions

Stalking under Section 78 BNS is non-bailable in some cases, meaning bail is not a matter of right. However, for a first offence with no prior history, courts often grant regular bail. Anticipatory bail under Section 482 BNSS is advisable if you fear arrest. The court typically grants it with conditions: you must not contact the complainant, must cooperate with investigation, and cannot leave the country without permission. Make no mistake, getting anticipatory bail early protects your reputation and prevents police custody.

Quashing of FIR / Case

If the FIR is false and frivolous, you can file a petition under Section 528 BNSS before the High Court to quash it. Grounds include: no prima facie offence, the complaint is an abuse of process of law, or the matter is purely civil in nature. The High Court can quash the FIR if it finds that even if the allegations are true, no criminal offence is made out. This is a strong remedy — but it's not automatic. You need a competent advocate to draft the petition with precision, showing that the facts do not meet the ingredients of the alleged section.

If You Are the Victim

• Immediately block the person again and save screenshots of all communication.
• Write a formal complaint to the college administration with a clear timeline.
• If threatened with a police complaint, file a private complaint or inform the local police.
• Do not engage in any back-and-forth — let your lawyer handle communication.
• Preserve evidence like call logs, messages, and the date of the original block.

Documents You Must Keep Ready

• Identity proof (Aadhaar, PAN card).
• Screenshots of the original block record (proof that contact was cut off earlier).
• Timeline of events — dates, times, content of each message/call.
• Copy of the complaint made to the college (if any).
• Any response from the college administration.
• Witness statements, if available (friends, batchmates who know the backstory).
• Evidence of the accidental nature of contact (e.g., screenshot of an old chat, phone history showing no prior calls).

What Evidence Is Required?

• Primary evidence: The actual message itself — its content and timestamp. Show it was a generic greeting, not a threat.
• Secondary evidence: Screenshots of chat history proving no prior unwanted contact.
• Call detail records (CDRs): To show no repeated calls.
• Proof of block: A screenshot from the blocked account showing the date when blocking occurred.
• Character evidence: Statements from peers that you had no history of harassment.
• College record: Any prior disciplinary history (or absence of it).

How the Police Behave in Such Cases

Police often treat stalking allegations seriously, especially if the complainant is a woman. They may call you for questioning. However, in cases of accidental contact, the approach is usually softer. If you have no criminal background and can prove the contact was accidental, most officers will advise the parties to sort it out. But if the complainant insists, they may file a routine FIR. That's when you need a lawyer to handle the investigation stage — otherwise, small things like a loosely worded statement can be twisted.

Timeline of Legal Process

• FIR registration: Within a day if police agree; if refused, 1-2 weeks via SP or Magistrate.
• Investigation: Usually 30-60 days for a simple stalking case.
• Chargesheet filing: Within 90 days for cognizable offence (if no arrest, 60 days for accused in custody).
• Cognizance by Magistrate: Another 1-2 months after chargesheet.
• Framing of charges: 2-4 months after cognizance.
• Trial: 6-12 months in most Magistrate courts for such offences.
• Appeal: If convicted, appeal in Sessions Court takes 6-12 months.

How Long Will the Investigation Take?

For a simple stalking or criminal intimidation case, police investigation typically completes within 60 to 90 days. If no arrest is made, the investigation may be closed earlier if no evidence of repeated harassment exists. The police must file a chargesheet within 90 days from the date of FIR if the accused is not arrested; otherwise, the accused is entitled to default bail under Section 187 BNSS.

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?

Yes, stalking and criminal intimidation under BNS are compoundable offences — meaning the parties can settle with the permission of the court. If the blocked person herself does not support the complaint and the partner is the main complainant, settlement becomes easier. A compromise can be recorded before a Lok Adalat or directly in the trial court. The court will typically discharge the accused if the parties amicably resolve their differences. However, settlement is best done before charges are framed, because once trial begins, the court may be less willing to quash the case by consent alone.

Common Mistakes People Make

• Deleting the message history immediately — destroying evidence that could prove the accidental nature.
• Responding angrily to the partner or complainant on phone or email — this creates fresh evidence of harassment.
• Posting about the matter on social media — screenshots can be submitted in court.
• Speaking to police without a lawyer present — even innocent statements can be misrecorded.
• Engaging a lawyer who does not regularly handle such matters — stalking and cyber-threat cases require specific understanding of electronic evidence rules and the fine line between offence and mistake. A general practitioner may not know how to get the FIR quashed early or how to handle the college disciplinary process, costing you time and reputation.
• Assuming the college will always believe the complainant — they need evidence; submit your own written response immediately.

FAQs People Normally Have

Can I be expelled from college on the basis of a complaint alone?

No. Colleges cannot expel you without a proper inquiry and reasonable cause. A single unsubstantiated complaint from a third party rarely leads to expulsion. You have the right to a fair hearing.

What if the blocked person herself supports her partner's complaint?

Even then, a single message without a pattern of behaviour does not constitute stalking. But her statement could influence the police. You should retain the message and any evidence of the block to show there was no intent to harass.

Can I file a counter-case for defamation?

Yes, if the allegations are false and made with malice, you may file a defamation case under Section 355 BNS (defamation). But this is rarely practical unless the allegations have caused actual harm to your reputation, such as publication or suspension.

Is the police likely to arrest me immediately?

For a first-time offence with no prior history of harassment and a single accidental message, arrest is unlikely. The police may issue a notice for questioning, but you should attend with a lawyer.

Will my college record show this incident if I settle?

If you settle and the complaint is withdrawn, ask the college to issue a clean chit. There is no central database for such matters, but your college may maintain an internal record. A lawyer can negotiate to have the matter expunged from your file.

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.