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

Mr. Alok Sharma recently began seeing Ms. Priya Mehra after she had ended a seven-year relationship with Mr. Vikram Chauhan. For about two months, Mr. Sharma and Ms. Mehra were in communication and had gone on a trip together. Ms. Mehra had made it clear that her previous relationship was over, but Mr. Chauhan was struggling to accept the separation.

The situation escalated when Mr. Chauhan unexpectedly entered Ms. Mehra’s apartment in Nagpur, accessed her phone, and discovered her new relationship with Mr. Sharma. Initially, he spoke calmly to Mr. Sharma over the phone. However, the next morning, his demeanor changed drastically. He called Mr. Sharma, verbally abused him, and made serious threats against him and his family, stating he would cause them grievous harm.

Concerned for his safety and fearing that Mr. Chauhan might manipulate Ms. Mehra into filing false charges against him, Mr. Sharma took a precautionary step. He recorded a phone conversation with Ms. Mehra, in which she acknowledged that their relationship was consensual, short-term, and mutually understood to have no future commitments. He also saved pictures from their trip as evidence of their amicable and consensual interactions. Mr. Sharma is now seeking legal guidance on what further steps he should take to protect himself and his family from these threats and potential false allegations.

Advice in such cases

When faced with threats and potential legal complications arising from a partner’s past relationship, it is crucial to act calmly and strategically. Here are some immediate steps to consider:

• Avoid all direct communication with the person making the threats. Do not engage in arguments or try to reason with them, as it can escalate the situation.
• Document every threat, message, or interaction. Keep screenshots of chats, call logs, and any recordings you have made. Note the date, time, and specifics of each incident.
• Inform your trusted family members or friends about the situation. Their awareness can provide both emotional support and a potential witness to your state of mind and the threats you are receiving.
• 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

Several provisions of India’s new criminal laws can be invoked in such a scenario:

• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Criminal Intimidation. Threatening someone with injury to their person, reputation, or property, or to the person or reputation of anyone in whom that person is interested, with the intent to cause alarm, is a punishable offense. The threat to harm Mr. Sharma and his family falls directly under this section.
• Section 327 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses House-trespass. Mr. Chauhan entering Ms. Mehra’s apartment without her permission to intimidate, insult, or annoy her or to commit an offense constitutes house-trespass.
• Electronic Evidence: The admissibility of your recording is governed by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Electronic records are admissible as evidence, provided their authenticity can be established as per the procedure laid down in the Act.

If you are the complainant

If you are in Mr. Sharma’s position and wish to take legal action against the person threatening you:

• File a Police Complaint: You should immediately approach the nearest police station to file a complaint against the individual for criminal intimidation. You can submit a written complaint detailing the threats, providing any evidence you have, such as the call recording. The police may register a Non-Cognizable Report (NCR) or, if the threat is severe, an FIR.
• Preserve All Evidence: Your call recording, chat messages, and any other documentation are critical pieces of evidence. Ensure they are saved securely in multiple locations. The evidence you have gathered to prove the consensual nature of your relationship is also vital.
• Seek a Restraining Order: Your lawyer can help you approach the court to obtain a restraining order, legally prohibiting the person 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.

If you are the victim

If you fear being victimized by false allegations as a form of retaliation, proactive steps are essential:

• Gather Proactive Evidence: The steps Mr. Sharma took—recording a conversation confirming consent and saving pictures—are excellent proactive measures. This evidence can be used to challenge the credibility of any false complaint and establish the true nature of your relationship.
• Anticipatory Bail: If you have a reasonable apprehension that a false criminal case (especially for a non-bailable offense) might be filed against you, you can file an application for anticipatory bail in the Sessions Court or High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• Maintain a Record: Keep a detailed timeline of your relationship and the events that transpired, including the threats. This written record can be invaluable for your defense.
• 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

Police response can vary. Initially, in cases of threats stemming from personal disputes, the police might suggest mediation or issue an informal warning to the other party. However, if you present clear evidence of a serious threat to life and safety, they are obligated to take action. Filing a formal, written complaint increases the likelihood of a formal investigation. The police will assess the credibility of your complaint and the evidence provided before registering an FIR. Persistence and formal follow-up, often with the help of a lawyer, can ensure the matter is treated with the seriousness it deserves.

FAQs people normally have

Is a call recording from a messaging app admissible in court?

Yes, electronic records, including call recordings from apps like Telegram or WhatsApp, are admissible as evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA). However, to be accepted by the court, you may need to provide a certificate under Section 63 of the BSA, affirming the authenticity of the electronic record and the proper functioning of the device used to record it. The fact that the voices are clear is a significant advantage.

What evidence is required?

To build a strong case, whether for prosecuting the person making threats or defending against false allegations, you should gather:

• The call recording containing the threats.
• The call recording where consent is admitted.
• Screenshots of any threatening messages or call logs.
• Photographs or other evidence proving the consensual nature of your relationship.
• Contact details of any potential witnesses (though in such personal matters, they may be scarce).
• A detailed written timeline of events.

How long will the investigation take?

There is no fixed timeline for a police investigation. For a complaint of criminal intimidation, it could take anywhere from a few weeks to several months, depending on the police’s workload, the evidence available, and the cooperation of the parties involved. If the case proceeds to court, the judicial process will take its own course, which can be lengthy. An experienced lawyer can help navigate the process and ensure timely follow-ups.

Advocate Sudhir Rao, Supreme Court of India