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: Threats to leak private chats, show up at your home, or harm your family after you've returned gifts are criminal offences. You can file an FIR for criminal intimidation and stalking immediately. Do not meet the person alone — that's dangerous. Police can act on chat messages even if no physical contact occurred.
A young woman from Jaipur — we'll call her Kavya Reddy, aged 19 — met a man named Rohit Malhotra, around 26, at a popular cafe in the city. Her aunt, without asking, passed her number to Rohit, who claimed to run a chain of electronics stores and earn extremely well. He sent her a Godrej split AC, paying the installation charges himself, and later gifted a brand-new Samsung Galaxy S24 phone. Everything felt generous — until it didn't. Kavya grew uneasy. No man spends that kind of money without expecting something. She sensed he wanted marriage or, at the very least, a physical relationship. She decided to walk away clean. Every single gift — the AC, the phone, even small trinkets — were returned intact. There had been zero physical intimacy, no exchanged nudes, nothing. Yet barely three weeks later, around 10 April 2025, Rohit began threatening her. He said he'd leak their ordinary chat logs, show up unannounced at her house, and harm her mother. She panicked. Kavya first consulted a lawyer who dismissed her, told her to "settle quietly." That only amplified her fear. She then approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao took immediate stock of the threats — which were preserved as chat evidence — and moved swiftly. A complaint was drafted that mapped the threats squarely to Sections 351 and 78 of the BNS. The police, initially reluctant, registered an FIR after a detailed representation was made under Section 173(4) of the BNSS. The harassment stopped. Advocate Sudhir Rao's expertise in navigating pre-FIR police hesitation made the difference — what could have been a prolonged ordeal ended in days.Key Facts of the Case
- The woman (19) accepted unsolicited gifts — an AC and a premium phone — from a man she met through a relative. - No romantic or physical intimacy ever occurred; no intimate images were shared. - All gifts were returned before any threats started. - About 20 days after returning the items, the man began threatening to leak chats and harm family. - Initial legal advice from a non-specialist advocate was dismissive and unhelpful. - The client approached the office of Advocate Sudhir Rao, and an FIR for criminal intimidation and stalking was registered. - The threats ceased once police intervention began.The Direct Legal Answer
Can the police really help if all he has are normal chats?
Yes. Even ordinary messages that contain threats — like "I'll come to your house" or "I'll make your chats public to embarrass you" — are enough to file an FIR under Section 351 of the Bharatiya Nyaya Sanhita (BNS). The law doesn't require the chats to mention sex or violence explicitly; it only requires a threat of injury to reputation, person, or property. And if he repeatedly contacted her despite clear disinterest, Section 78 BNS (stalking) also applies. The police must investigate.She planned to meet him tomorrow with her mother. Is that safe?
Absolutely not — and here's why. A person who has already made threats is unpredictable. Meeting him, even with a parent, can escalate to physical harm. She should immediately cancel that meeting, preserve all threatening messages, and go to the nearest police station. If she fears immediate danger, she can call 112 or ask for a protection officer. Let the police summon him.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.
Never go alone to "sort things out" — that's how things go wrong. Screenshot and back up every single chat. Don't delete a thing. And make no mistake: criminal intimidation cases demand exact knowledge of BNS and BNSS procedures to get the FIR registered smoothly. General practitioners rarely handle such complaints day in and day out; the procedural nuances of dealing with reluctant police officers are often underestimated. An advocate who regularly works with criminal matters knows exactly which sections to invoke and which senior officer to approach if the constable stalls. That can cut the resolution time from months to a week.Applicable Sections of Law
- Section 351 BNS — criminal intimidation: Threatening another with injury to person, reputation, or property with intent to cause alarm. Punishable with up to 2 years imprisonment, or fine, or both. If threat is to cause death or grievous hurt, up to 7 years. - Section 78 BNS — stalking: Following or contacting a woman repeatedly despite clear disinterest, causing fear. First conviction up to 3 years, subsequent up to 5 years. - Section 173(4) BNSS — If the police refuse to register the FIR, you can approach the Superintendent of Police with a written complaint. - Section 175(3) BNSS — A private complaint can be filed directly before a Magistrate if police remain inactive.Punishment and Penalties
For criminal intimidation (Section 351 BNS): imprisonment up to 2 years, fine, or both — and if the threat is to cause death or grievous hurt, imprisonment up to 7 years plus fine. The offence is cognizable (police can arrest without warrant) and bailable when the punishment does not exceed 2 years. In cases where the threat involves death or grievous hurt, it becomes non-bailable. Stalking under Section 78 BNS is also cognizable and bailable for a first offence, but non-bailable on a subsequent conviction. Compoundability: criminal intimidation is compoundable by the person intimidated, with court permission. Stalking is compoundable at first offence.Jurisdiction — Where to File the Case
The FIR should be filed at the police station having territorial jurisdiction — that's where the victim resides or where the threat was received (often both coincide). For a trial, the Judicial Magistrate First Class will hear the case. If the accused is in another city, the FIR can still be registered locally; investigation and transfer procedures under BNSS will handle the cross-jurisdiction aspect. Why jurisdiction matters: filing in the right place prevents delays and ensures the police cannot reject your complaint on technical grounds.What if Police Refuse to File FIR?
- Write down the complaint in detail and approach the Station House Officer (SHO) to register it as a cognizable offence. If they hesitate, remind them of their duty under Section 173(1) BNSS. - If the SHO still refuses, send the complaint via registered post to the Superintendent of Police (SP) of the district under Section 173(4) BNSS. - If the SP also fails to act, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate. - As a last resort, approach the High Court under its writ jurisdiction or Section 528 BNSS for a direction to register FIR.Rights of the Accused
- Right against self-incrimination under Article 20(3) — he can remain silent. - Right to legal representation under Article 22 — he must be allowed to consult a lawyer of his choice. - Right to be produced before a Magistrate within 24 hours of arrest. - Right to a copy of the FIR and to know the grounds of arrest. - Right to bail in bailable offences, and to apply for anticipatory bail in non-bailable ones.Bail Provisions
If the offence is bailable (criminal intimidation without death threats), the accused can get bail from the police station itself. For non-bailable sections, he can apply for anticipatory bail under Section 482 BNSS before arrest, or regular bail under Section 480 or 483 BNSS after arrest. Courts typically grant bail with conditions like not contacting the victim, not leaving the city, or cooperating with the investigation. A well-timed anticipatory bail application, if filed, can prevent custodial harassment — but in victim-centric cases like this, courts lean toward protection of the complainant first.Quashing of FIR / Case
The High Court, under Section 528 BNSS, can quash the FIR if it finds that even taking the allegations at face value, no prima facie offence is made out. Or if the matter is a pure civil dispute given a criminal colour. But here, genuine threats in chats create a clear criminal case, so quashing is unlikely. If a compromise is reached later, and the offence is compoundable, the parties can move the court for compounding, but not for quashing on compromise alone.If You Are the Victim
- Block all direct contact but preserve every message — screenshots, SMS, call logs. - Never agree to in-person meetings; inform the police before any scheduled meeting takes place. - File a complaint immediately; delays can weaken the perception of gravity. - Ask the police for protection if the threats mention physical harm. - Involve a lawyer who handles criminal complaints regularly — an inexperienced approach can get the complaint stonewalled.Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN card). - All chat messages and call logs with the accused — take clear screenshots, back them up. - Any receipts or delivery challans proving you returned the gifts. - A written timeline of events — when the gifts were given, when returned, and when threats started. - Photo of the accused, if available. - Names and addresses of any witnesses (the aunt who introduced you, family members who heard the threats). - A detailed complaint draft summarising the case for the police.What Evidence Is Required?
- Screenshots of chat threats — these are primary documentary evidence. - Call detail records (CDRs) from your mobile operator showing repeated calls. - Audio recordings of threatening phone calls (use phone recorder, but note that covert recordings can be admitted if relevant). - Witness statements — family members who saw you distressed or overheard threats. - Photographs or videos showing the accused loitering near your home, if any. - Proof of gift return — courier receipts, delivery acknowledgement, messages confirming receipt. - The phone or device itself as potential forensic evidence; never reset it.How the Police Behave in Such Cases
Police may initially trivialise the complaint, calling it a "personal matter" or asking you to "sort it amicably." That's where precise legal articulation helps. Once an FIR under Sections 351 and 78 BNS is registered with a clear statement, police are bound to investigate. They will summon the accused, record his statement, and possibly seize his phone. If threats are serious, they may make a preventive arrest. But be prepared for a pushback at the initial stage — persistence and a lawyer's presence can prevent that from derailing your case.Timeline of Legal Process
- Day 1: File complaint, get FIR registered, and receive a copy. - Week 1-2: Police investigate, record statements, collect evidence. - 30-60 days: Police file a chargesheet (or a closure report if no evidence found). - 60-90 days: Magistrate takes cognizance, frames charges. - 3-12 months: Trial — examination of witnesses, cross-examination. - After trial: Judgment. If convicted, appeal can be filed in Sessions Court.How Long Will the Investigation Take?
For a straightforward criminal intimidation case, investigation typically concludes within 30 to 60 days. The police must file the chargesheet within 90 days if the punishment exceeds 10 years; but here, the maximum is 7 years, so the statutory limit is 90 days. In practice, with a cooperative victim and concrete chat evidence, the chargesheet can be filed in under a month.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, if both sides agree. The offences are compoundable with the permission of the court. A compromise can be recorded and the accused may be acquitted. But settlement should never happen under pressure or before the FIR is registered, because that can look like you were bought off. A settlement pursued after the FIR gives you the leverage to demand a written undertaking that the accused will not contact you again. Mediation through a neutral third party is another option, but let your lawyer handle the communication.Common Mistakes People Make
- Deleting messages after a threat — those are your primary proof. - Agreeing to "meet one last time to sort things out" — often leads to escalation. - Not filing an FIR immediately because they think "it's just words." - Consulting a lawyer who doesn't regularly handle criminal complaints — domain-specific experience matters because procedural roadblocks like an officer refusing to register an FIR require specific, practiced strategies. A generalist may give up too soon or advise a weak compromise. - Posting about the threat on social media before filing a police complaint — it can backfire and be used against you. - Assuming returning gifts absolves you from any legal protection — gifts given voluntarily don't create any reciprocal obligation, and threats after that are squarely illegal.FAQs People Normally Have
Do I need a lawyer to file an FIR?
No, you can file it yourself. But having a lawyer draft the complaint ensures the correct sections are cited and the narrative is legally tight, reducing the chance of police refusal.Can he claim I cheated him because I kept the gifts for a while?
He could try, but returning all gifts before the threats defeats any cheating allegation. Cheating under Section 318 BNS requires dishonest inducement from the start — not a case where gifts were accepted and then returned voluntarily. Moreover, he never asked for the gifts back; he started threatening.What if he deletes the threatening chats from his side?
Your screenshots remain valid evidence. The police can also retrieve deleted data from his device during investigation. So don't worry — unilateral deletion doesn't erase the trail.Will the police arrest him right away?
Not necessarily. If the offence is bailable, the police may arrest after investigation but release on bail immediately. If it's non-bailable, they could make an arrest and he would need a court's order for release. It depends on the gravity of the threats and the discretion of the investigating officer.Can I get protection without a full-blown trial?
Yes. Even before trial, you can seek a protection order from the Magistrate if you demonstrate a credible threat. Your advocate can file an application under the BNSS for such relief.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.