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.

Mr.X received threatening phone calls from an unknown number in City A. The caller had obtained his contact details when Mr.X was inquiring about wedding venues and catering services. When Mr.X answered the call, a harsh voice asked if he was Mr.X and proceeded to issue death threats, using abusive language and threatening to harm him and his family. The caller claimed to know Mr.X’s address and workplace. Mr.X was terrified and immediately contacted the police. The threatening calls continued for several days, causing severe mental distress to Mr.X and his family members.

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.

Immediately record all threatening calls and preserve call logs as evidence. Report the matter to cyber crime cell along with local police station. Block the threatening number but maintain records before blocking. Inform your family members about the situation and avoid sharing personal information publicly.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), threatening phone calls constitute serious criminal offenses. Section 351 BNS covers criminal intimidation, while Section 352 BNS addresses criminal intimidation by anonymous communication. Section 356 BNS deals with defamation through electronic means. Additionally, provisions under the Information Technology Act can be invoked for cyber harassment. These sections provide comprehensive legal framework to prosecute individuals making threatening calls and ensure justice for victims.

If You Are the Complainant

• File an FIR immediately at the nearest police station with all evidence
• Approach cyber crime cell for technical investigation and number tracing
• Maintain detailed records of all threatening calls including dates, times, and content
• Request police protection if you feel physically threatened
• Follow up regularly with investigating officer for case progress updates

If You Are the Victim

• Document everything immediately including screenshots, call recordings, and witness statements
• Do not engage with the threatening caller or respond to provocations
• Install call recording apps to capture future threatening communications
• Inform trusted family members and friends about your situation for support
• Consider changing your phone number if threats continue persistently

How the Police Behave in Such Cases

Police typically take threatening call cases seriously, especially when death threats are involved. They will register an FIR under relevant sections and initiate technical investigation. Cyber crime teams work to trace the caller’s identity through telecom service providers. However, investigation may take time depending on technical complexities. Police may provide protection if the threat level is assessed as high risk.

FAQs People Normally Have

Can police trace unknown numbers? Yes, police can trace numbers through telecom service providers during investigation.

Is recording threatening calls legal? Yes, recording calls for self-protection and evidence is legally permissible.

What if caller uses different numbers? Each threatening call constitutes separate offense, strengthening your case.

How long before police take action? FIR should be registered immediately; investigation timeline varies based on case complexity.

What Evidence Is Required?

• Call logs showing incoming threatening calls with timestamps
• Audio recordings of threatening conversations if possible
• Screenshots of missed call notifications and caller identification
• Witness statements from family members who heard threats
• Medical certificate if threats caused mental distress
• Any written communications or messages from the perpetrator
• Details of how the accused obtained your contact information

How Long Will the Investigation Take?

Investigation typically takes 2-6 months depending on case complexity. Technical investigation for number tracing may require 15-30 days. If accused is identified quickly, arrest can happen within weeks. Court proceedings may extend 6 months to 2 years. Complex cases involving multiple jurisdictions or advanced technology may take longer to resolve completely.

Advocate Sudhir Rao, Supreme Court of India