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 worked at XYZ Company in City A and regularly traveled in company transportation with Ms.Y, a divorced colleague. They maintained a professional friendship, with Ms.Y often discussing personal family matters. Over time, Ms.Y developed a relationship with Mr.Z, a regular cab driver. Subsequently, Mr.X began receiving threats and intimidation, which escalated to the point where he felt compelled to file a police complaint. However, the police allegedly pressured him to withdraw the complaint, suggesting it would resolve the matter amicably. Following the withdrawal, Mr.X faced severe workplace consequences including termination from his position. Two years later, he continues to struggle with the aftermath, facing both professional and personal challenges stemming from this incident.

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.

Never withdraw complaints under police pressure without proper legal advice. Document all interactions with police officials and obtain written records of any suggestions to withdraw complaints. Maintain detailed records of workplace incidents and communications. Consider approaching higher police authorities or judicial magistrate if local police are uncooperative. Preserve all evidence including messages, emails, and witness statements before taking any action.

Applicable Sections of Law

This case involves multiple provisions under Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 351 BNS covers criminal intimidation where threats are made to cause alarm. Section 352 BNS addresses criminal intimidation by anonymous communication. Section 174 BNSS deals with police powers to investigate cognizable offences. Section 173 BNSS governs the completion of investigation and submission of reports. Additionally, workplace harassment may invoke provisions related to wrongful restraint and causing hurt to reputation under relevant BNS sections.

If You Are the Complainant

• File a detailed written complaint with specific incidents, dates, and evidence
• Request acknowledgment receipt and copy of FIR registration
• Maintain communication records with investigating officers
• Approach senior police officials if local police show reluctance
• Seek legal representation before making any decisions about withdrawal

If You Are the Victim

• Document all threatening communications, calls, and incidents immediately
• Inform trusted colleagues and supervisors about the situation
• Preserve all digital evidence including screenshots and call records
• Seek medical attention if psychological stress affects health
• Consider approaching labor court for wrongful termination if employment is affected

How the Police Behave in Such Cases

Police often attempt to resolve workplace-related threat cases through mediation rather than formal investigation. They may pressure complainants to withdraw cases citing “mutual settlement” or “misunderstanding.” Some officers lack awareness of workplace harassment laws and may not take initial complaints seriously. However, persistence and proper legal representation usually result in appropriate action. Police behavior varies significantly based on jurisdiction and individual officer attitudes.

FAQs People Normally Have

Can I re-file after withdrawal? Yes, but it becomes complex. Legal assistance is crucial.

What if my employer terminates me for filing police complaint? This may constitute wrongful termination and harassment. Labor law remedies are available.

How long do such investigations typically take? Criminal intimidation cases usually take 3-6 months for investigation completion.

Can I claim compensation for job loss? Yes, through appropriate legal channels including labor courts and civil remedies.

What Evidence Is Required?

• Written records of all threatening communications
• Call logs and message screenshots
• Witness statements from colleagues
• Employment records and termination letters
• Medical records if psychological impact documented
• CCTV footage if available
• Email communications and official correspondence

How Long Will the Investigation Take?

Criminal intimidation investigations typically require 60-90 days under BNSS provisions. However, workplace-related cases may extend to 4-6 months due to complexity involving multiple parties and employment law intersections. Timeline depends on evidence availability, witness cooperation, and police efficiency. Court intervention may expedite the process if delays are unreasonable.

Advocate Sudhir Rao, Supreme Court of India