Threatening to Break Someone's Arms and Legs Over a Phone Call — Can You File a Police Complaint 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.

Rohan Gupta owned a modest property in Gomti Nagar, Lucknow, where he rented out a ground-floor room to a young woman. Around late February 2025, things soured. The tenant had been repeatedly disrespectful toward Rohan's elderly mother — raising her voice, making dismissive remarks, and generally creating a hostile atmosphere at home. Rohan confronted the tenant firmly, asking her to mind her conduct. A few hours later, his father received a call from the tenant's uncle, one Prakash Srivastava, who demanded to know how they dared to "speak to his niece like that" and openly threatened to break Rohan's father's arms and legs.

The tenant, of course, had given her uncle only her version. Conveniently leaving out the part where she'd been misbehaving with an elderly woman. Rohan went back to her room the next morning and made clear she needed to vacate immediately. She left within two days of the confrontation. But the threatening phone call lingered. Rohan's father was shaken. The family initially tried approaching the local police informally, but were told it was a "minor domestic matter" and nothing was done. That's when Rohan reached out to Advocate Sudhir Rao.

With a structured approach — recording the call details, drafting a formal written complaint citing the correct BNS provisions, and pressing firmly at the police station while simultaneously preparing a private complaint before the Magistrate — the matter was taken seriously within days. The family received an acknowledgment of their complaint, and the threatening party was put on notice. The specialised handling made the difference that the earlier informal approach simply had not achieved.

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: Save the phone number from which the threat was made. Write down the exact words used, the time, and who was present or heard the call. If the call was recorded, preserve that recording carefully. Courts take contemporaneous notes seriously, so do this the same day — not the next morning, that same evening.

Do not retaliate or confront: Don't call back to argue or threaten in return. Any retaliatory statement you make can be used against you and will weaken your complaint. Let the law do the work from here.

And here's the thing — this type of matter, criminal threats and intimidation spilling out of landlord-tenant disputes, involves specific procedural steps under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita that a general practitioner may not be familiar with. Engaging an advocate who regularly handles criminal complaints and police-level matters typically leads to faster resolution and a properly constructed case record.

Applicable Sections of Law

This case is criminal in nature. The following provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) are directly applicable:

• Section 351 BNS (Criminal Intimidation): Threatening another person with injury to their body, reputation, or property to cause alarm or compel them to act against their will — squarely covers a phone call threatening to break someone's arms and legs.
• Section 352 BNS (Intentional Insult to Provoke Breach of Peace): Applicable where the threatening communication is also accompanied by deliberately insulting language.
• Section 115 BNS (Voluntarily Causing Hurt — attempt or abetment): Where a threat is specific enough to constitute an attempt or preparation to cause bodily harm.
• Section 173(4) BNSS: Relevant for escalating a complaint to the Superintendent of Police if the local station refuses to register an FIR.

Frankly, most complainants walk into a police station without knowing any of these section numbers, and that's precisely why they get turned away. Cite the law. It changes the conversation.

Punishment and Penalties

• Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. If the threat is to cause death or grievous hurt, punishment extends to seven years.
• Cognizable: Yes, where threat involves death or grievous hurt. Non-cognizable for lesser threats, though a written complaint can be filed before a Magistrate.
• Bailable: Yes, for simple criminal intimidation. Non-bailable where enhanced punishment provisions apply.
• Compoundable: Yes — criminal intimidation under Section 351 BNS is compoundable with the permission of the court, meaning the parties may settle the matter if both agree.
• Fine: Court's discretion; typically ranges from Rs. 5,000 upward depending on severity.

Jurisdiction — Where to File the Case

For a phone-call threat, the FIR or complaint can be filed at the police station that has territorial jurisdiction over the place where the threat was received — which is where Rohan's father was when the call came in. This is a settled position supported by the principle in Trisuns Chemical Industry v. Rajesh Agarwal, 1999, which addressed place of cause of action in multi-location incidents. The Magistrate with jurisdiction is typically the Judicial First Class Magistrate (JFCM) of that district. For non-cognizable threats, a complaint before the Magistrate under Section 175(3) BNSS may be filed directly.

Now, before you act, confirm exactly where your father or the threatened person was standing when that call came in. That location determines everything about where you file.

What if Police Refuse to File FIR?

Police sometimes treat phone threats as trivial. Don't accept that. Here's what you can do:

• Submit a written complaint at the police station and insist on a written acknowledgment with date and stamp.
• If the Station House Officer (SHO) refuses to register the FIR, escalate to the Superintendent of Police under Section 173(4) BNSS — the SP is empowered to direct registration of the FIR.
• File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS — the Magistrate may take cognizance and order investigation.
• As a last resort, approach the High Court by filing a writ petition under Article 226 of the Constitution seeking directions to the police to register the FIR — the Supreme Court in Lalita Kumari v. Government of UP, 2014 made mandatory FIR registration the law for cognizable offences.

Rights of the Accused

If the accused (the person who made the threatening call) is arrested or faces proceedings, they have the following rights:

• Right against self-incrimination: Article 20(3) of the Constitution — no person accused of an offence shall be compelled to be a witness against themselves.
• Right to legal representation: Article 22 of the Constitution guarantees the right to consult and be defended by a legal practitioner of their choice.
• Right to be produced before Magistrate within 24 hours of arrest — any delay is a constitutional violation.
• Right to a copy of the FIR and to know the specific grounds of arrest at the time of arrest itself.
• Right to remain silent during police questioning without that silence being used as an admission of guilt.

And here's why this matters even from the complainant's side — knowing the accused's rights helps you understand what the police can and can't do, so you're not surprised when proceedings move slower than you'd expect.

Bail Provisions

Criminal intimidation under Section 351 BNS is generally bailable. The accused may apply for bail directly at the police station upon arrest. Where the enhanced provision applies (threat to cause death or grievous hurt), the offence becomes non-bailable.

• Regular bail: Under Section 480 BNSS (bailable offence) or Section 483 BNSS (non-bailable offence before Magistrate).
• Anticipatory bail: Available under Section 482 BNSS if the accused apprehends arrest and approaches the Sessions Court or High Court proactively.
• Typical bail conditions: Personal bond, surety, surrender of passport, not contacting the complainant, periodic reporting to police station.
• Bail strategy in such cases often hinges on demonstrating no flight risk and willingness to cooperate with investigation — an advocate experienced in this domain knows how to frame that argument effectively.

Quashing of FIR / Case

The accused may apply to the High Court for quashing of the FIR under Section 528 BNSS, which preserves the court's inherent powers to prevent abuse of process.

• Quashing is considered where there is no prima facie offence disclosed in the FIR — for instance, if the alleged threat was vague or entirely denied with strong evidence.
• Since criminal intimidation under Section 351 BNS is compoundable, a settlement between the parties can form the basis of a quashing petition, as held in Gian Singh v. State of Punjab, 2012.
• Quashing is not automatic — the High Court weighs the seriousness of the offence, the stage of proceedings, and whether continuing the case serves public interest.

If You Are the Victim

• Note down the exact time, date, phone number, and words used in the threatening call — preferably in writing, immediately after the call ends.
• If possible, get the call recorded on the second instance, or ask a witness to listen on speaker. Courts have accepted such recordings as corroborative evidence.
• Approach the local police station with a written complaint — do not go alone; carry a family member or a representative as witness.
• Do not delete the call log or the number from your phone — this is primary digital evidence. Take a screenshot as a backup.
• Consult an advocate before signing any police statement — your statement on record must be accurate and legally framed from the start.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the complainant
• Screenshot of the incoming call log showing the threatening number, date, and time
• Any call recording if available (saved securely on a device and cloud)
• Rental agreement or any document establishing the landlord-tenant relationship
• Written record of any prior misbehaviour incidents (dates, witnesses)
• Witness names and contact details — family members or neighbours who were present
• Any written communications (WhatsApp messages, texts) from the tenant or her uncle
• Copy of police complaint acknowledgment once submitted

Keep originals. Don't hand over your only copy of anything to anyone at the police station without getting a receipt.

What Evidence Is Required?

• Call log screenshot: Showing the number, date, and duration — this is primary electronic evidence under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
• Call recording: If available, it is strong corroborative evidence. Admissibility was upheld in Ram Singh v. Col. Ram Singh, 1985 and subsequent cases accepting electronic records.
• Witness testimony: Any family member who heard the call on speaker or was present when the threat was communicated.
• Written complaint filed at police station with date stamp — establishes the timeline of your response.
• Rental agreement: Establishes context and relationship between parties.
• Prior conduct evidence: Notes, messages, or witnesses to the tenant's earlier misbehaviour — relevant to establish motive and sequence of events.

How the Police Behave in Such Cases

Make no mistake — police stations across India often treat verbal or phone threats as "civil" or "family" matters and are reluctant to register an FIR without pressure. Officers may ask you to "settle it amongst yourselves." This is procedurally incorrect, particularly where a specific threat of bodily harm has been made. Persistence matters. A written complaint forces the station to respond in writing, and when an advocate is involved with formal legal provisions cited by name and number, the attitude at the station often shifts noticeably. That said, don't expect an immediate arrest — investigation and summons to the accused are the more likely first steps.

Timeline of Legal Process

• Day 1-3: File written complaint at police station; obtain acknowledgment.
• Week 1-2: Police register FIR (or you escalate to SP / Magistrate if refused).
• Week 2-6: Police investigation — recording statements of complainant, witnesses, and accused; examining call records.
• Month 2-3: Chargesheet filed before Magistrate if sufficient evidence found.
• Month 3-6: Magistrate takes cognizance; summons issued to accused.
• Month 6-12: Framing of charges; accused pleads guilty or not guilty.
• Year 1-3: Trial — examination of witnesses, cross-examination, arguments.
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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.