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

A young woman named Ananya, residing in the city of Chandrapur, found herself in a deeply distressing and frightening scenario. A man she knew, Sameer, began a campaign of emotional blackmail against her. He would incessantly call her from various unknown numbers and send desperate text messages, often containing threats like, “I will end my life if you refuse to speak with me,” in an attempt to manipulate her into maintaining contact.

The situation escalated alarmingly when Sameer claimed he was waiting outside her residence all night, every night. Initially, Ananya dismissed it as an empty threat, but she soon noticed unsettling signs suggesting he was indeed present near her home. His harassment then moved from digital and psychological to physical, as he began to follow her when she was out in public. Ananya felt constantly unsafe, scared, and mentally drained. She had done nothing to encourage his behavior and wanted to sever all ties, but was paralyzed by the fear of causing distress to her family. This story is a common one, and it is crucial to know the legal recourse available.

Advice in such cases

• Do not engage with the perpetrator. Replying to messages or answering calls, even to tell them to stop, can be misinterpreted as encouragement.
• Preserve every piece of evidence. Take screenshots of messages and call logs, save emails, and note down the dates and times of every incident of stalking or harassment.
• Inform a trusted friend or family member about the situation. You should not have to face this 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 penal laws, several sections can be invoked in such a situation:

• Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Stalking: This section directly addresses the act of following a person, attempting to contact them repeatedly despite clear indications of disinterest, or monitoring their online activity. The act of Sameer waiting outside Ananya’s house and following her in public is a clear case of stalking.
• Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Criminal Intimidation: This section applies when someone threatens another with injury to their person, reputation, or property to cause alarm. Sameer’s threats of suicide, aimed at coercing Ananya into talking to him, constitute criminal intimidation as they are designed to cause her mental anguish and alarm.

If you are the complainant

As the person filing the complaint, you are the driving force behind the legal action. Here are the steps you should take:

• Draft a detailed written complaint outlining all the incidents in chronological order. Attach printouts of the evidence you have collected.
• Approach your nearest police station to file a First Information Report (FIR). The police are obligated to register an FIR for cognizable offenses like stalking.
• Provide a clear and concise statement to the police. Do not omit any details, no matter how small they may seem.
• 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

As a victim, the law provides you with specific rights and protections:

• You have the right to file a Zero FIR at any police station, regardless of jurisdiction. They are then required to transfer it to the appropriate station.
• You have a right to confidentiality. You can request the police to keep your identity confidential to protect you from social stigma or further harassment.
• If you are a woman, your statement should be recorded by a female police officer or in the presence of one, as mandated by law.
• You can seek a protection order from the court to legally prohibit the accused from contacting or approaching you or your family.
• 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

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police are expected to handle such cases with sensitivity and promptness. Upon receiving a complaint of stalking or criminal intimidation, they are duty-bound to register an FIR. The police will conduct a preliminary inquiry and gather evidence. They will take the victim’s statement, collect digital proof, and may question the accused. Given the nature of the threats, they should act swiftly to ensure the victim’s safety, which may include warning the accused or arresting them if the situation warrants it.

FAQs people normally have

What if the man actually attempts suicide?

While this is a deeply unfortunate possibility, his actions are his own responsibility. Emotional blackmail involving suicide threats is a form of abuse and control. The law is designed to protect you from such coercion. Your priority must be your own safety and mental well-being. You are not responsible for the actions of another adult, especially when they are using those actions to harass you.

Will my family be harassed or involved?

This is a valid fear. However, a lawyer can help you take legal steps, such as obtaining a protection order (restraining order) from the court, which would legally forbid the stalker from contacting you or your family. Informing your family can also create a support system that can help protect you.

What evidence is required?

Strong evidence is key to a successful prosecution. You should gather:

• Digital Evidence: Screenshots of all threatening or harassing messages, call logs from unknown numbers, and any social media posts or emails.
• Witnesses: If friends, family, or colleagues have witnessed the stalking or heard the threats, their testimony is valuable.
• CCTV Footage: If possible, obtain security camera footage from near your home, workplace, or any public place where the stalking occurred.
• Personal Log: Maintain a detailed diary of all incidents, including dates, times, locations, and what happened. This serves as a crucial record of the harassment.

How long will the investigation take?

The timeline for an investigation can vary. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, aims to make the process more efficient. After an FIR is filed, the police are required to complete their investigation and file a chargesheet (final report) in court, typically within 90 days for serious offenses. However, the duration depends on the complexity of the case, the amount of evidence to be collected, and the cooperation of witnesses. A good lawyer can help in following up with the police to ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India