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.
Priya Verma worked at a mid-sized logistics firm in Pune. She had briefly dated a colleague, Rohan Desai, but ended the relationship in late February 2025. What followed was a pattern of persistent messaging, unwanted visits to her workstation, and veiled threats about "ruining her reputation" — once she blocked him on all platforms around 4 March 2025.
Priya first reported the matter internally to her HR department, hoping the firm would intervene. The response was slow, and Rohan's behaviour only escalated. She then approached a general practitioner advocate who drafted a cease-and-desist notice, but Rohan ignored it entirely and began sending threatening messages through mutual colleagues' phones. Things were deteriorating fast, and Priya was in genuine fear for her safety.
She eventually reached out to Advocate Sudhir Rao's office around 18 March 2025. A structured approach was adopted: key digital evidence was preserved immediately, an FIR was filed under the Bharatiya Nyaya Sanhita covering criminal intimidation and stalking, and simultaneously a complaint was lodged with the Internal Complaints Committee under the POSH Act. Within a short period, Rohan was issued a formal notice by police, the ICC initiated proceedings, and Priya received interim protection. The combination of domain-specific experience and a coordinated legal strategy made a measurable difference to how quickly matters moved compared to the earlier, piecemeal approach.
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.
Do not delete any messages or calls: Every threatening message, missed-call log, or voice note is potential evidence. Screenshot everything with timestamps visible, back it up to cloud storage, and hand copies to your advocate immediately. Frankly, I've seen cases weaken overnight simply because the victim deleted messages thinking they were "cleaning up."
Report to HR and ICC in writing: If the harassment is happening within a workplace, send a written complaint to your HR department and to the Internal Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. A verbal complaint often goes nowhere. Write it down. Get an acknowledgment.
Domain-specific experience matters here: Cases involving workplace harassment combined with criminal threats sit at the intersection of POSH law, BNS provisions, and digital evidence rules. Advocates who regularly handle this category of matter tend to move faster on preservation orders and FIR strategy. A general practitioner may not be fully familiar with these specific procedural steps, and that gap can cost time and weaken your case. And here's the thing — the first two weeks are critical, and that window closes fast.
Applicable Sections of Law
- Section 351 BNS (Criminal Intimidation): Covers threats to cause injury to a person, reputation, or property with intent to cause alarm or compel a particular act.
- Section 78 BNS (Stalking): Penalises any man who follows, contacts, or monitors a woman repeatedly despite a clear indication of disinterest.
- Section 74 BNS (Sexual Harassment): Covers unwelcome physical contact, demands for sexual favours, and any act with sexual overtones causing hostile work environment.
- Section 308 BNSS (Protection of Witnesses / Complainants): Courts may issue directions to prevent intimidation of complainants during investigation and trial.
- Sexual Harassment of Women at Workplace Act, 2013 (POSH Act), Sections 9 and 11: Complaint mechanism and inquiry process before the Internal Complaints Committee.
Punishment and Penalties
- Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. Where the threat is to cause death or grievous hurt, imprisonment may extend to seven years.
- Section 78 BNS (Stalking): First conviction: imprisonment up to three years and fine. Second or subsequent conviction: imprisonment up to five years and fine.
- Section 74 BNS (Sexual Harassment): Imprisonment up to three years, with or without fine.
- Cognizability: Stalking under Section 78 BNS is cognizable on second and subsequent offences; criminal intimidation under Section 351 BNS is cognizable where the threat involves death or grievous hurt.
- Bailability: First-offence stalking is bailable; repeat offences are non-bailable.
Jurisdiction — Where to File the Case
Get this right from day one. For the criminal complaint, the FIR must be filed at the police station having territorial jurisdiction over the place where the threat or stalking act occurred. Under Section 173 BNSS, a Zero FIR can also be filed at any police station and transferred later. The trial for offences under Section 78 and Section 351 BNS will lie before the Judicial Magistrate First Class. For the POSH complaint, jurisdiction lies with the Internal Complaints Committee of the employer, or the Local Complaints Committee if the employer has fewer than ten workers. A complaint filed in the wrong forum can delay the entire process significantly — and that delay always hurts the victim more than the accused.
What if Police Refuse to File FIR?
Refusal to register an FIR in cases involving threats and stalking is unfortunately common, particularly when the complainant and accused know each other. Here is what you can do:
- Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, requesting registration of the FIR.
- File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS, setting out all facts and attaching evidence.
- File a petition before the concerned High Court under Article 226 of the Constitution, seeking a direction to police to register and investigate the complaint.
- Refer to the Supreme Court's direction in Lalita Kumari v. Government of UP, 2014, which mandates that police must register an FIR when a cognizable offence is disclosed, without conducting any preliminary inquiry.
Rights of the Accused
Even in harassment matters, the accused retains specific legal rights. Now, before you act, you should understand this — the law doesn't suspend itself just because there's a credible complaint:
- Right against self-incrimination under Article 20(3) of the Constitution: the accused cannot be compelled to be a witness against himself.
- Right to legal representation under Article 22 of the Constitution: the accused must be allowed to consult and be defended by an advocate of his choice.
- Right to be produced before a Magistrate within 24 hours of arrest as mandated under Article 22(2) and Section 58 BNSS.
- Right to know grounds of arrest and to receive a copy of the FIR as provided under Section 47 BNSS.
- Right to fair trial as affirmed in Maneka Gandhi v. Union of India, 1978.
Bail Provisions
For first-time stalking under Section 78 BNS, the offence is bailable and the accused may seek bail at the police station level. For repeat offences or criminal intimidation involving threats of death or grievous hurt, the offence becomes non-bailable, requiring application before a Magistrate. Regular bail can be sought under Section 480 BNSS, and anticipatory bail under Section 482 BNSS is available if the accused apprehends arrest. Courts typically impose conditions such as no contact with the complainant, surrender of passport, and periodic reporting to the police station. And here's the thing: bail strategy in cases where the victim and accused share a workplace must account for the need to prevent ongoing contact, so conditions around workplace proximity are often sought.
Quashing of FIR / Case
The accused may approach the High Court under Section 528 BNSS to seek quashing of the FIR if there is no prima facie disclosure of a cognizable offence, or if the proceedings amount to an abuse of the process of law. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down specific categories where quashing is appropriate. But make no mistake: where real threats and digital evidence exist, quashing petitions in stalking and intimidation matters are rarely entertained. Quashing may become relevant only if the parties settle the dispute and the offence falls within compoundable categories, or if there is a genuine absence of any ingredient of the alleged offence.
If You Are the Victim
Stop. Don't reply to a single message — not even to defend yourself. Here's the full list of what to do:
- Stop all direct communication with the person who is threatening you. Do not reply, even to clarify or defend yourself.
- Preserve every message, call log, email, and social media interaction. Take screenshots with date and time clearly visible before blocking.
- Inform a trusted family member or friend immediately, both for emotional support and to have a witness to your distress.
- File a complaint with HR and the Internal Complaints Committee in writing on the same day if the harassment involves a workplace colleague.
- Approach the local police station or file a Zero FIR if you are in immediate danger. Your safety comes first, and the law is on your side.
Documents You Must Keep Ready
- Aadhaar card and PAN card (identity proof)
- Screenshots of all threatening messages, WhatsApp chats, emails, and social media posts (with timestamps)
- Call records showing missed calls or repeated contact (obtain from your mobile carrier if needed)
- Written complaint submitted to HR and the ICC, with acknowledgment copy
- Any witnesses' names and contact details
- Employment ID card and documents showing the accused's association with your workplace
- Medical or psychological consultation records if you sought help for emotional distress
- Any earlier written communication or cease-and-desist notice sent to the accused
What Evidence Is Required?
- Digital evidence (primary): Original device screenshots, WhatsApp and email threads, voice messages, and social media direct messages with metadata intact.
- Call detail records: Obtained from your telecom provider, showing the frequency and timing of calls from the accused.
- Witness testimony: Colleagues who observed the behaviour, received messages on the accused's behalf, or were told about threats by the accused.
- Electronic evidence certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023: Required to make digital evidence formally admissible.
- CCTV footage: From the workplace premises or common areas, preserved before it is overwritten.
- Written correspondence: HR complaints, ICC filings, and any replies received from the accused or the firm.
How the Police Behave in Such Cases
Now, before you call your advocate, understand what to expect at the police station. In harassment and stalking cases involving known persons, police often try to treat the matter as a personal dispute and suggest informal resolution. They may ask if the parties can "sort it out." This is not acceptable when there are specific threats. Officers may also require you to produce all digital evidence before registering the FIR, which is procedurally incorrect under Lalita Kumari v. Government of UP, 2014. Having an advocate present during the FIR registration process, or at minimum having sent a prior written complaint, usually changes how seriously the matter is handled at the station level. Frankly, police attitude shifts noticeably when they see a prepared complainant with a lawyer beside them.
Timeline of Legal Process
- Day 1-3: Preserve evidence, file FIR at local police station (or Zero FIR), and lodge written complaint with HR and ICC simultaneously.
- Week 1-2: Police begin preliminary investigation; ICC issues notice to the accused.
- Week 2-6: Police investigation continues, statements recorded, digital evidence seized; ICC inquiry proceeds (must complete within 90 days under POSH Act).
- Month 2-3: Chargesheet filed before Magistrate under Section 193 BNSS (police must file within 60-90 days depending on custody status).
- Month 3-5: Magistrate takes cognizance, summons issued to accused, charges framed.
- Month 5 onwards: Trial commences with prosecution evidence, cross-examination, defence evidence, and final arguments.
- Judgment: Sessions-level or Magistrate-level trial in such matters typically concludes in 1-2 years, subject to adjournments.
- Appeal: Sessions Court or High Court, as applicable, within the prescribed limitation period.
How Long Will the Investigation Take?
Where the accused is not arrested, police have 60 days to file the chargesheet under Section 193 BNSS. If the accused is in custody, this period is shorter. In stalking and intimidation cases with strong digital evidence, investigation tends to move quicker than average — practically speaking, expect the investigation phase to last between 45 and 90 days, though delays do occur at busy urban police stations. Regular follow-up by your advocate significantly reduces the risk of the investigation stalling. Don't assume the system will move on its own.
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.