Woman Harassed Near Home for Refusing Phone Number – Legal Rights and Action Steps

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: If someone harasses you by following you near your home or repeatedly demanding your phone number after you've refused, you can file a police complaint for criminal intimidation, stalking, or harassment. This is a cognizable offence under the Bharatiya Nyaya Sanhita, 2023. Do not ignore the incident—report it immediately to the local police station and your housing society security.

A young woman, Meera Srinivasan, was interning with an IT firm in Indore. One evening in late March 2025, while walking back to her apartment near Gomti Nagar, a man stopped her and asked for her phone number. She politely refused multiple times. He kept pushing. When she firmly declined, he pulled out his phone and called a few other men, muttering something she couldn't catch clearly. Frightened, she ran into her society gate and locked herself inside. But she started seeing him around the same area almost every day. He'd stand outside a nearby shop or just walk past slowly. Meera felt trapped in her own neighborhood. She initially spoke to a local lawyer who told her there wasn't much she could do since "nothing physically happened." That advice was wrong. She then approached the Chamber of Advocate Sudhir Rao. The office sent a detailed legal notice to the man, assisted her in filing an FIR under appropriate BNS provisions, and coordinated with the local police to gather CCTV footage. The man was called for questioning, issued a stern warning, and the court imposed a restraining order. Advocate Sudhir Rao's specific domain expertise in criminal law—particularly in cases involving stalking and harassment—helped secure a protective order in her favor within weeks. Meera can now walk freely in her locality again.

Key Facts of the Case

• The incident occurred near the victim's residence in Gomti Nagar, Indore, in March 2025.
• The unknown male persistently demanded the victim's phone number after she refused multiple times.
• The victim was approached by a second person known to the first man, escalating her fear.
• The victim sought legal advice from a non-specialist initially, which provided little guidance.
• A formal FIR was lodged under relevant BNS provisions after consultation with a domain-specific advocate.
• CCTV footage from the society vicinity was secured and submitted as evidence.
• The accused was summoned by the police, questioned, and later bound by a court-issued restraining order.

The Direct Legal Answer

Yes, you should absolutely go to the police. Let's break down the specific questions.

Should I report this to the police even though nothing physically happened?

Yes. The law does not require physical harm. Persistent unwanted following, watching, or contacting after refusal amounts to criminal harassment or stalking. The moment you felt threatened and altered your route or routine, you have grounds to complain.

Should I inform my society security?

Absolutely. Inform the security guard, the society managing committee, and your building watchman. Give them a description of the person. Ask them to maintain a visitor log and to not allow any unknown male loitering near your block. This creates a safety net and a paper trail.

What if I see him again?

Do not confront him. Call the police control room (112) immediately. Move to a public area with more people. If safe, take a clear photo or video discreetly. Do not delete any evidence. Keep your phone charged.

Can he get arrested just for asking for my number?

Asking politely once is not a crime. But following you, refusing to take no for an answer, calling others to corner you, and repeatedly appearing near your home—that is criminal intimidation and stalking. It is a cognizable offence. The police can arrest him or at least issue a notice to appear.

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 written diary of every instance—date, time, his appearance, what he said, and any witnesses. Share your live location with a trusted family member when you go out. Do not engage with him on social media or message apps. Do not post about him on Instagram or WhatsApp—some courts treat that as provocation or violation of privacy. A lawyer who regularly handles such criminal matters can also help you get a restraining order from the magistrate's court, which is far more effective than just a verbal warning.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), the key provisions are:

• Section 323 BNS – Stalking: following, contacting, or attempting to contact a woman despite her disinterest, causing her fear of violence. This is a cognizable offence.
• Section 308 BNS – Criminal intimidation: threatening someone with injury to their reputation or property, causing them to fear for their safety. This covers his calling of other men to intimidate you.
• Section 187 BNS – Word, gesture or act intended to insult the modesty of a woman. Persistent demands and following can fall under this.
• Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – if the harassment has a caste dimension, but generally not applicable here.

Punishment and Penalties

• Minimum punishment: Varies. For stalking (Section 323 BNS), imprisonment up to three years for first conviction.
• Maximum punishment: For criminal intimidation (Section 308 BNS), up to two years imprisonment or fine or both.
• Cognizable / Non-cognizable: Stalking is generally cognizable (police can arrest without warrant). Criminal intimidation may be cognizable depending on the threat level.
• Bailable / Non-bailable: Stalking is bailable. Criminal intimidation causing fear of death or grievous hurt is non-bailable. Most street harassment cases are bailable.
• Compoundable: These offences are generally compoundable (can be settled) only if the victim agrees and court permits, but it is not advisable to settle harassment cases.

Jurisdiction — Where to File the Case

The police complaint must be filed at the police station that has territorial jurisdiction over the area where the incident occurred. In this case, the Gomti Nagar police station in Indore. The magistrate's court in the same district will handle any subsequent restraining order application or criminal trial. Filing in the wrong police station will cause delays—they will simply transfer it. Jurisdiction also affects the identity of the accused: the police must be able to locate and summon him. If he lives in a different city, the case may need to be transferred there.

What if Police Refuse to File FIR?

Unfortunately, some police stations are reluctant to register a complaint in what they view as "minor" harassment. Here's what you do:

• Approach the Superintendent of Police (SP) under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) with a written complaint.
• If the SP also refuses, file a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS.
• As a last resort, file a writ petition in the High Court under Article 226 of the Constitution, seeking a direction to the police to register the FIR.
• Always keep a copy of your written complaint with a receipt or photocopy. Send it by registered post to the police station as well.

Rights of the Accused

A person accused of stalking or harassment has several legal protections. You need to know them so the case stays strong:

• Right to remain silent (Article 20(3)): He cannot be compelled to be a witness against himself.
• Right to legal representation (Article 22): He can consult and be defended by 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 his arrest.
• He can apply for bail and is presumed innocent until proven guilty.

Bail Provisions

Stalking (Section 323 BNS) is a bailable offence. The accused can apply for regular bail before the magistrate. For criminal intimidation causing fear of death or grievous hurt, it may be non-bailable. In this specific case, it is bailable. However, if repeated incidents occur and he breaks a court undertaking, the police can seek cancellation of bail. If he anticipates arrest, he can apply for anticipatory bail under Section 482 BNSS. For a first-time offender in a harassment matter, bail is usually granted but often with conditions—such as staying away from the victim's residence and not contacting her.

Quashing of FIR / Case

The accused can file a petition under Section 528 BNSS before the High Court to quash the FIR. Common grounds are: the allegations do not make out a prima facie offence, the complaint is frivolous or an abuse of process, or the matter is compounded (settled) with the victim's consent. Quashing is a long shot in harassment cases, especially if the victim has CCTV footage or multiple eye witnesses. A wise accused will not attempt this unless the case is clearly baseless.

If You Are the Victim

• Do not ignore the incident. Your fear is valid. Complain immediately.
• Preserve every shred of evidence—CCTV footage, social media screenshots, messages, any photographs you take of him.
• Inform your family, trusted friends, and society security. Do not suffer in silence.
• Download the "112 India" app on your phone. It sends your location and an SOS alert to the police control room.
• Consider installing a door-chain camera or a peephole camera. Many affordable options are available on Flipkart or Amazon.

Documents You Must Keep Ready

• Your Aadhaar card or other government-issued photo ID.
• A written diary of each incident (date, time, location, description of the person, what he said).
• Any photographs or videos you manage to record discreetly.
• CCTV footage from your society or nearby shops.
• Any WhatsApp messages, SMS, or call logs from unknown numbers.
• If you have a complaint copy or receipt from the police, keep it safe.
• A list of witnesses who saw the incident (neighbors, security guard, shopkeepers).

What Evidence Is Required?

• Primary evidence: Testimony of the victim (you). Your sworn statement in the FIR is primary evidence.
• CCTV footage: Captures his actions and presence near your home. Essential.
• Photographs: If you can take his picture safely, that is direct evidence of identity.
• Call records: If he calls or messages you, save everything. Do not block him immediately—blocking deletes evidence. Take screenshots first.
• Witness statements: The security guard or a neighbor who saw him following you can corroborate your account.
• Medical certificate: Not needed for harassment unless there is physical injury or severe anxiety/depression (you may consult a psychologist for a certificate).

How the Police Behave in Such Cases

In my experience, police response varies significantly by station. In Indore and similar cities, they are increasingly sensitized to women's safety after recent high-profile cases. However, many officers still ask: "Did he touch you?" and may try to downplay it. That is why you must insist on an FIR, not just a "complaint report." The FIR triggers a formal investigation. If they resist, cite Section 173(4) BNSS and demand a written refusal. Do not argue—just follow the escalation steps above. Some police stations have a dedicated Women's Help Desk; ask for it.

Timeline of Legal Process

• Day 1: FIR registration. The police may take 1–2 hours to record your statement. Ensure you sign the FIR and get a free copy.
• Days 1–30: Police investigation—collecting CCTV, questioning the accused, recording witness statements.
• Day 30–60: If the police find enough evidence, they file a charge sheet before the magistrate. If not, they file a closure report (which you can challenge).
• Day 60–90: Magistrate takes cognizance, issues summons to the accused, and frames charges.
• Month 3–6: Trial commences. You and your witnesses depose. The accused's side presents their case.
• Month 6–9: Judgment. In simple harassment cases, it often wraps up within a year. Complex cases or police delays can stretch longer.
• Post-judgment: Appeal process if either side challenges.

How Long Will the Investigation Take?

Typically, the police take 30 to 45 days to complete the investigation for a stalking/harassment case. The charge sheet must be filed within 90 days from the date of arrest (if the accused is in custody) or as soon as possible otherwise. If the police do not file a charge sheet within 60 days, you can approach the magistrate to expedite it.

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, stalking and harassment are compoundable—meaning the victim and accused can settle the matter with the court's permission. However, I strongly advise against settling a harassment case. These offences often escalate to more serious crimes if the perpetrator goes unpunished. If you wish to settle due to shared community or family pressure, the court will still weigh public interest. Settlement is more appropriate for minor property disputes, not for conduct that threatens personal safety. If you do consider it, ensure the court records an undertaking from the accused that he will not approach or contact you again in the future.

Common Mistakes People Make

• Not documenting the incident. Victims often wait too long and lose CCTV footage or forget exact dates.
• Posting about it on social media. This can backfire—the accused may claim you defamed him or that you are "overreacting" in public.
• Confronting the harasser alone. Never do this. It turns into a one-sided aggression and you may get hurt—or worse, be accused of provocation.
• Engaging a lawyer without relevant domain experience. This is a huge mistake. A general civil lawyer may not know the procedural nuances of criminal FIRs, bail, or restraining orders. An advocate who regularly handles criminal harassment cases understands evidence preservation, police station dynamics, and magistrate court strategy. That domain familiarity often leads to a faster, stronger outcome.
• Blocking the harasser immediately. Blocking erases evidence. Take screenshots and save call logs first. Then block.
• Not informing family or society security. Silence helps the harasser. Tell people.

FAQs People Normally Have

What if I don't know his name or address? Can I still file an FIR?

Yes. You can file an FIR against an unknown person. Describe his appearance, clothes, approximate age, and the location. The police will use CCTV and local inquiries to identify him.

Can I get a restraining order without filing a police complaint?

Technically yes, as a civil remedy. But practically, a criminal complaint gives you the quickest route to a protection order. The magistrate can pass an interim order within a few days if the FIR shows immediate threat.

Will I have to face him in court?

Yes, eventually. During trial, you will need to depose and identify him. But the prosecution will handle cross-examination. The office of Advocate Sudhir Rao can prepare you for that—it is not as intimidating as it sounds.

Can I sue him for compensation?

Yes, you can file a civil suit for damages—trespass, harassment, and mental trauma. The amount depends on the severity and the court's discretion. But that is a separate, civil proceeding. Your criminal complaint comes first.

What if the police tell me to "just ignore it" or "it's not a big deal"?

Do not accept that. You have a legal right to file an FIR for cognizable offences. Politely but firmly state that you want an FIR registered. If they refuse, follow the escalation to the SP and then the magistrate.

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.