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, a 23-year-old man from City A, approached me regarding his relationship troubles with Ms.Y, his 22-year-old partner. The relationship had become increasingly toxic, with Ms.Y creating conflicts over trivial matters like Mr.X’s choice of clothing for dates. Due to her history of past abusive relationships, Ms.Y would frequently threaten to harm herself during arguments and explicitly stated she would blame Mr.X for any such act. These threats were escalating in frequency and intensity, causing severe mental distress to Mr.X. He was concerned about potential false accusations and legal consequences while also worried about Ms.Y’s wellbeing. The situation required immediate legal intervention to protect Mr.X’s interests while ensuring appropriate help for Ms.Y.

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.

Document all threats immediately through screenshots, recordings, and witness statements. Inform trusted family members or friends about the situation to create a support network. Consider involving mental health professionals for your partner’s wellbeing. Avoid being alone with the person making threats and maintain distance when possible.

Applicable Sections of Law

This situation involves multiple provisions under BNS and BNSS. Section 351 of BNS covers criminal intimidation when someone threatens another with injury to reputation or property. Section 308 deals with extortion through threats. Section 356 addresses defamation concerns regarding false accusations. Under BNSS, Section 154 provides procedures for filing complaints, while Section 41A outlines arrest procedures. These threats can also constitute mental harassment under domestic violence provisions.

If You Are the Complainant

• File a complaint at the nearest police station immediately documenting all threats
• Gather all evidence including messages, call recordings, and witness testimonies
• Request police protection if you feel threatened or unsafe
• Apply for anticipatory bail to prevent false arrest on fabricated charges
• Consider filing for a restraining order to maintain distance from the threatening party

If You Are the Victim

• Immediately inform mental health professionals or crisis helplines about self-harm threats
• Create detailed records of all incidents with dates, times, and circumstances
• Inform family members and close friends about the situation for support
• Avoid engaging in arguments that might escalate the threatening behavior
• Consider temporary relocation to a safe place away from the threatening individual

How the Police Behave in Such Cases

Police typically treat such cases seriously, especially when self-harm threats are involved. They may initially try mediation but will register FIR if evidence is substantial. Officers often involve counselors or mental health professionals. However, they might show reluctance in relationship disputes, requiring persistence from complainants. Documentation and witness support significantly influence police response and investigation quality.

FAQs People Normally Have

Can I be held responsible if someone harms themselves after threatening to blame me? Not if you have documented evidence of threats and have reported them timely. Is recording conversations legal? Recording your own conversations is generally permissible for evidence purposes. What if police don’t take action? You can approach higher authorities or file in magistrate court directly. Can I get anticipatory bail? Yes, if you reasonably apprehend arrest based on false accusations.

What Evidence Is Required?

• Screenshots of threatening messages or social media posts
• Audio/video recordings of verbal threats
• Witness statements from people who heard or saw the threats
• Medical records showing mental distress caused by threats
• Communication records showing pattern of threatening behavior
• CCTV footage if available during threatening incidents
• Expert psychological evaluation reports if applicable

How Long Will the Investigation Take?

Investigation typically takes 2-3 months for straightforward cases with clear evidence. Complex cases involving multiple incidents may extend to 6 months. Police investigation under BNSS must be completed within prescribed timelines. Court proceedings can take 1-2 years depending on evidence complexity and court schedules. Anticipatory bail applications are usually decided within 2-4 weeks.

Advocate Sudhir Rao, Supreme Court of India