If you are stuck in such a situation, here is what to do.

Mr. Sameer, a professional working in the city of Alipur, found himself entangled in a complicated personal matter. He was in a relationship with Ms. Sharma, whom he knew from his university days. Concurrently, he maintained a very close friendship with a work colleague, Ms. Gupta, a fact he chose not to disclose to Ms. Sharma.

The situation escalated when Ms. Sharma discovered the extent of Sameer’s communications with Ms. Gupta. This discovery led to a breakdown of their relationship, and they parted ways. Believing the matter to be resolved, Sameer deleted all related digital conversations and ceased contact with both individuals. However, the issue resurfaced recently when Ms. Sharma contacted Ms. Gupta, making several accusations about past events. This prompted the involvement of Ms. Gupta’s sister, who claims to have a legal background and has now threatened to initiate legal proceedings against both Sameer and his ex-girlfriend, Ms. Sharma. Sameer is now worried about his legal position, particularly because Ms. Sharma may still possess the chat history between him and Ms. Gupta.

Advice in such cases

• Do not panic and avoid any impulsive communication with any of the parties involved. Responding in anger or fear can worsen the situation.
• Preserve any new communication you receive. Take screenshots of messages, emails, or any form of threat. This can be crucial evidence later.
• Do not delete any further data from your devices.
• 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

Depending on the specific nature of the threats and accusations, several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) could be relevant:

• Section 351 (Criminal Intimidation): If the threats made by Ms. Gupta’s sister are intended to cause alarm to Sameer or to compel him to do an act he is not legally bound to do, it may constitute criminal intimidation.
• Section 356 (Defamation): If Ms. Sharma made false statements to Ms. Gupta with the intent to harm Sameer’s reputation, it could be considered defamation.
• Section 85 (Act likely to cause harm, but done without criminal intent, and to prevent other harm): This is more of a general principle, but the intent behind the actions of all parties would be examined by the court.

If you are the complainant

If you are in Sameer’s position and wish to take action against the person threatening you:

• Collate all evidence of the threats, including messages, call logs, and any witness information.
• Prepare a detailed timeline of events leading up to the threats.
• 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
• Your lawyer may advise sending a formal legal notice to the person making the threats, demanding they cease and desist.
• If the threats are serious, a police complaint can be filed, which may lead to the registration of a First Information Report (FIR).

If you are the victim

If you are receiving threats and are worried about potential legal action against you:

• Cease all communication with the opposing parties. Let all future correspondence be handled through your legal counsel.
• Do not admit to any fault or wrongdoing, either verbally or in writing.
• 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
• Work with your lawyer to understand the potential claims against you and prepare your defense. This includes recalling the facts accurately and identifying any evidence that supports your version of events.

How the police behave in such cases

Police authorities are often cautious when dealing with disputes arising from personal or romantic relationships. They may initially perceive it as a non-cognizable or civil matter. However, if a complaint discloses a cognizable offense like criminal intimidation, they are bound to act as per the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). They will likely ask the complainant to provide concrete evidence of the threats before initiating a formal investigation.

FAQs people normally have

What evidence is required?

The most crucial evidence in such cases includes:

• Digital communications like text messages, emails, and social media chats that contain the threats or defamatory content.
• Call recordings (note: their admissibility in court can be subject to legal scrutiny, but they are useful for investigation).
• A detailed, chronological written account of all the incidents.
• Contact information of any potential witnesses.

How long will the investigation take?

The duration of a police investigation varies significantly. A preliminary inquiry might take a few weeks. If an FIR is registered, the investigation timeline is governed by the BNSS, but practical delays can occur, especially if digital forensic analysis is required. A straightforward case might conclude in a few months, while more complex matters can take longer.

Advocate Sudhir Rao, Supreme Court of India