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: Repeated obscene calls from an unknown number amount to criminal harassment under the Bharatiya Nyaya Sanhita. You can file a Zero FIR at any police station, approach the cyber crime cell to trace the caller, and seek a protection order. A lawyer with domain experience can expedite this process significantly.
Priya Verma, a 26-year-old software professional in Indore, started receiving frequent calls from an unknown number in mid-April 2025. The caller would use vulgar language and call continuously from evening until midnight. She blocked the number, but the calls kept coming from different VoIP numbers. Truecaller showed no name. No WhatsApp or UPI ID was linked. Scolding only made the caller more persistent.
Initially, she complained at the local police station. The response was slow — the constable told her to "just ignore" the calls. Frustrated, she approached the Chamber of Advocate Sudhir Rao. Here's the thing: the office immediately recognised this as a cognizable offence under the new criminal laws. Advocate Sudhir Rao and his office filed a written complaint under Section 173(1) BNSS, compelling the SHO to register an FIR. Simultaneously, they approached the cyber crime cell in Bhopal to trace the VoIP origin. Within 10 days, the caller was identified through IP logs and SIM card registration. A notice was served, a case under Section 79 BNS was filed, and the harassment stopped. The specialised handling — particularly the dual approach of police and cyber crime — made all the difference.
Key Facts of the Case
- Unknown male caller made repeated obscene calls to the woman from VoIP numbers.
- Calls continued after blocking — the caller switched numbers.
- No identity, name, or location was disclosed by the caller.
- Local police initially refused to register an FIR, saying it was a "minor issue."
- The Chamber of Advocate Sudhir Rao filed a formal complaint under Section 173(1) BNSS to compel registration.
- Cyber crime cell traced the caller using VoIP logs and SIM card registration data.
- A criminal case was filed under Section 79 BNS (word, gesture or act intended to insult the modesty of a woman) and Section 351 BNS (criminal intimidation by anonymous communication).
- The accused was given a stern warning and the harassment ceased entirely.
The Direct Legal Answer
Can I file a police complaint for repeated obscene calls?
Yes. Repeated obscene calls from an unknown number constitute a cognizable offence under Section 79 BNS. You can go to any police station — even if the caller's number is from a different city — and ask to register a Zero FIR.
What if the police refuse to take my complaint?
Don't accept a refusal. Write a formal complaint and submit it at the police station. If they still refuse, file a complaint before the Superintendent of Police under Section 173(4) BNSS. As a last resort, file a private complaint before the Magistrate under Section 175(3) BNSS.
How can I trace the caller's real number if he's using VoIP?
You can't trace it yourself — but the cyber crime cell can. They have the technical capability to obtain IP logs, call detail records, and SIM registration details from the telecom provider. File a complaint at the local cyber crime police station or on the national cyber crime portal (cybercrime.gov.in).
What if the caller uses a fake SIM or prepaid number?
The police can still trace it. Every SIM card, even prepaid, is linked to a retailer and an address. Call detail records will show the tower location. The process takes time but is effective — especially with a proactive lawyer pushing the investigation.
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.
Preserve all call logs, screenshots, and recordings of the calls. Don't delete messages or call history — they are critical evidence. Do not engage with the caller or respond to their provocations. And remember: this type of matter involves nuanced procedural strategies — like invoking Section 173 BNSS to force FIR registration, or coordinating with cyber crime cells — that a general practitioner may not be fully familiar with. An advocate who regularly handles such cases will know exactly which buttons to press and when.
Applicable Sections of Law
- Section 79 BNS — Word, gesture or act intended to insult the modesty of a woman. Punishable with imprisonment up to 3 years and fine.
- Section 351 BNS — Criminal intimidation by anonymous communication. Punishable with imprisonment up to 2 years.
- Section 173(1) BNSS — Every officer in charge of a police station is duty-bound to register an FIR for cognizable offences.
- Section 67 of the Information Technology Act, 2000 — Publishing or transmitting obscene material in electronic form.
Punishment and Penalties
- Section 79 BNS: imprisonment up to 3 years, fine.
- Section 351 BNS: imprisonment up to 2 years, fine.
- Both offences are cognizable (police can arrest without warrant) and bailable.
- These are compoundable offences — meaning the parties can settle with the court's permission.
Jurisdiction — Where to File the Case
For criminal matters, the territorial jurisdiction lies with the police station where the victim received the calls, or where the victim is ordinarily resident. You can file a Zero FIR at any police station — that FIR will later be transferred to the station with proper jurisdiction. For cyber crime complaints, the jurisdiction is nationwide — you can file online at cybercrime.gov.in. The magistrate court having jurisdiction over the area where the victim resides or where the offence was committed will try the case.
What if Police Refuse to File FIR?
If the police refuse to register your complaint, here's what you do:
- Step 1: Submit a written complaint at the police station and get an acknowledgement (or send it by registered post).
- Step 2: Approach the Superintendent of Police under Section 173(4) BNSS — the SP can direct the SHO to register the FIR.
- Step 3: File a private complaint before the Magistrate under Section 175(3) BNSS.
- Step 4: As a last resort, file a writ petition before the High Court under Article 226 of the Constitution.
Rights of the Accused
The accused in such cases has several constitutional protections:
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to legal representation under Article 22(1).
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to seek bail if the offence is bailable.
Bail Provisions
Since the offences under Sections 79 and 351 BNS are bailable, the accused has a right to bail. Bail can be obtained from the police station itself upon arrest, or from the magistrate's court. In cases where the police refuse to grant bail, the accused can approach the Magistrate under Section 480 BNSS. Anticipatory bail under Section 482 BNSS is also available if the accused apprehends arrest. The court may impose conditions such as not contacting the victim and surrendering the phone number used for the calls.
Quashing of FIR / Case
In exceptional cases, the accused can approach the High Court under Section 528 BNSS to quash the FIR. Quashing is possible if:
- No prima facie offence is made out from the FIR.
- The matter has been compromised between the parties (if compoundable).
- The FIR is an abuse of the process of law.
- However, quashing is not common in genuine cases of harassment — courts take such matters seriously.
If You Are the Victim
- Don't delete any call logs, missed call records, or messages — they are evidence.
- Record the calls if possible (check state laws on one-party consent).
- Block the number but preserve the call history before blocking.
- Report the number on the national cyber crime portal (cybercrime.gov.in).
- File a complaint at the nearest police station without delay.
Documentation Must Keep Ready
- Aadhaar card or other identity proof of the victim
- Screenshots of call logs showing date, time, and frequency of calls
- Any recordings of the conversation (if legally obtained)
- Truecaller or other caller ID screenshots (showing the unknown number)
- Written complaint drafted with the help of a lawyer
- Any earlier police complaints or acknowledgement receipts
- SIM card and phone bill of the victim's number
What Evidence Is Required?
- Primary evidence: Call detail records (CDRs) from the telecom provider — obtainable through police requisition
- Secondary evidence: Screenshot of call logs, missed calls, and call duration
- Auditory evidence: Recordings of the caller's voice (admissible with proper certification)
- Documentary evidence: Written complaint and police acknowledgement
- Witness testimony: Any person who witnessed the victim receiving calls and her distress
- Technical evidence: IP logs, VoIP provider records obtained via cyber crime cell
How the Police Behave in Such Cases
Honestly, police response varies widely. Some officers take these complaints seriously, especially with a lawyer's intervention. Others may downplay it as a "prank call" and ask the victim to just ignore it. That's why it's crucial to have an advocate pushing the process. The police can issue a notice to the telecom provider to share CDRs, and can summon the accused for questioning. With proper legal pressure, most police stations will cooperate. The key is persistence and following up in writing.
Timeline of Legal Process
- Day 1-3: File written complaint; if refused, escalate to SP under Section 173(4) BNSS
- Day 3-7: FIR registered; investigation begins; police requisition CDRs from telecom provider
- Day 7-15: Cyber crime cell traces VoIP logs and identifies the caller (if tech-savvy approach used)
- Day 15-30: Police summon accused; record statement; file chargesheet if offence made out
- Day 30-60: Magistrate takes cognizance; summons accused to appear
- Day 60-120: Trial — prosecution evidence, cross-examination, arguments
- Day 120-150: Judgment; if convicted, sentencing
How Long Will the Investigation Take?
For a straightforward case where the number is traced quickly, the investigation can be completed in 15-30 days. If the accused uses sophisticated VoIP masking or multiple SIM cards, it may take 60-90 days. The police must file a chargesheet within 90 days for these offences (being punishable with up to 3 years imprisonment).
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, harassment cases under Sections 79 and 351 BNS are compoundable offences. This means the parties can settle with the permission of the court. The accused may agree to stop the calls and provide an apology or compensation. However, settlement is only advisable if the harassment has genuinely stopped and the victim feels safe. The court will verify that the settlement is voluntary. In most practical cases, a stern police warning itself stops the behaviour — formal settlement is rarely needed.
Common Mistakes People Make
- Deleting call logs and messages — this destroys key evidence. Preserve everything.
- Engaging with the caller — scolding or arguing only encourages them. Block and report.
- Waiting too long to file a complaint — delay weakens your case. Act immediately.
- Posting about the harassment on social media — this can prejudice the investigation and invite further trouble.
- Hiring a lawyer who doesn't handle criminal or cyber cases regularly — such matters require specific knowledge of BNSS procedures, cyber crime protocols, and evidence preservation. A domain specialist will know how to force FIR registration, coordinate with cyber cells, and handle VoIP tracing. A general practitioner may miss these critical steps.
FAQs People Normally Have
Can I file an FIR if the caller is from a different city?
Yes. You can file a Zero FIR at your local police station. It will be transferred to the station with proper jurisdiction.
Will the police disclose my identity to the caller?
No. Your identity is protected during the investigation. The accused will only learn your identity if the case goes to trial and evidence is read in court.
Can I get a restraining order against the caller?
Yes. You can file an application before the Magistrate seeking a restraining order under Section 351 BNS or under the Protection of Women from Domestic Violence Act, if applicable.
What if the caller uses a forged or stolen SIM?
The police can still trace the last known user and the retailer who sold the SIM. The telecom provider will have records of who activated it and where.
Can I claim compensation for mental harassment?
Yes. The court can award compensation to the victim of a crime under Section 357 BNSS. You can also file a civil suit for damages for mental harassment and loss of reputation.
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.