If you are stuck in such a situation, here is what to do.
Mr. Rohan found himself in a distressing situation. After being in a relationship with Ms. Priya for about a year, he concluded they were incompatible and decided to end things. Despite his repeated attempts to communicate this clearly, Ms. Priya refused to accept the breakup and insisted on marriage. When Rohan eventually blocked her communication channels as a last resort, her behaviour escalated.
Ms. Priya showed up at his workplace, a major tech company called “Innovatech Solutions” in the city of Aadityapur. For three consecutive days, she waited outside the office for hours, causing a disturbance and creating an uncomfortable environment for the security staff and other employees. This caused significant damage to Rohan’s professional reputation, with his manager and HR department getting involved. He is now deeply concerned that she might appear at his residence and fears that involving the authorities could lead to false allegations against him, complicating the matter further. He sought legal guidance on how to protect himself and legally prevent her from approaching his home or office.
Advice in such cases
Document Everything: Keep a detailed record of every incident of harassment. Note the date, time, location, and a description of what happened. Save all messages, emails, and call logs. If there are witnesses, note their names.
Inform Your Employer: Your safety and the workplace environment are your employer’s concern. Inform your HR department and manager about the situation in writing. They can take steps to enhance security, instruct reception and security staff not to allow the person on the premises, and serve as official witnesses if needed.
Cease All Contact: Do not engage with the person. Any response can be misinterpreted as encouragement. If you must communicate a final time, do it through a documented medium (like an email or a message sent through a third party) clearly stating your wish to be left alone.
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 of 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.
Applicable Sections of Law
Under the new Indian legal framework, several provisions can be invoked:
Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Stalking): This section is directly applicable. Stalking includes repeatedly following a person, attempting to contact them to foster personal interaction despite clear indication of disinterest, or monitoring their use of the internet or any other form of electronic communication. The act of repeatedly visiting a workplace falls squarely under this definition.
Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Criminal Intimidation): If the person threatens you with any injury to your person, reputation, or property to cause alarm, this section can be applied.
Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Defamation): If the ex-partner makes or publishes any imputation concerning you with the intent to harm your reputation, a complaint for defamation can be filed.
Preventive Action under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: You can approach the police to initiate proceedings for taking security for keeping the peace, commonly known as a restraining order or a bond for good behaviour.
If you are the complainant
Gather Evidence: Collect all the documentation you have maintained, including screenshots, call records, CCTV footage from your workplace, and statements from colleagues or security guards who witnessed the incidents.
File a Formal Complaint: Go to your local police station and file a written complaint detailing all the events chronologically. Provide them with all the evidence you have collected. Insist on the registration of a First Information Report (FIR) under the relevant sections of the BNS.
Seek a Restraining Order: Your lawyer can help you file an application in court seeking an injunction or restraining order, legally prohibiting the person from contacting you or coming within a certain distance of your home and workplace.
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 of 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.
If you are the victim
Prioritise Your Safety: Your immediate safety is the most important thing. If you feel you are in danger, do not hesitate to call the police emergency number. Inform your family and trusted friends about the situation.
Secure Your Environment: Take practical steps to secure your home and be vigilant about your surroundings. Inform your building’s security if you live in an apartment complex.
Maintain a Log: Keep a detailed diary of every single incident, no matter how small it seems. This continuous record is powerful evidence of a pattern of harassment.
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 of 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.
How the police behave in such cases
Initially, the police might treat the issue as a “personal” or “domestic” dispute and may be hesitant to register an FIR, suggesting mediation instead. However, you have the right to insist on filing a complaint, especially when acts constituting a cognizable offence like stalking have occurred. Presenting your case clearly, with evidence and legal backing, often compels them to take action. The fear of false allegations is valid, but being proactive and creating a documented history of harassment from your side provides a strong defence. A lawyer’s intervention can ensure the police take the matter seriously and follow the correct procedure.
FAQs people normally have
What evidence is required?
Strong evidence is crucial. This includes:
Screenshots of unwanted messages, emails, and call logs.
CCTV footage from your office premises showing the person’s presence.
Written statements from witnesses like colleagues, security guards, or HR personnel.
A detailed, chronological log of all incidents of harassment.
Any proof of you clearly telling the person to stop contacting you.
How long will the investigation take?
The duration of a police investigation can vary significantly. For a straightforward case with clear evidence, it might take a few weeks for the police to file a chargesheet. However, if the case is complex or evidence is difficult to obtain, it can take several months or longer. The court proceedings that follow have their own timeline. A lawyer can help expedite the process by ensuring regular follow-ups and proper filing of all necessary documents.
Advocate Sudhir Rao, Supreme Court of India