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, a second-year B.Tech student from City A, approached me regarding harassment by his classmate Ms.Y. Initially, they had developed a close friendship during their first year, involving late-night conversations and calls. However, when Mr.X realized the relationship wasn’t progressing as he hoped and decided to distance himself, Ms.Y began persistent unwanted contact. The situation escalated when she sent false allegations via email to college authorities, claiming inappropriate behavior that never occurred. Most concerning were her suicide threats, creating emotional distress for Mr.X. The college administration became involved due to the email complaints, putting Mr.X’s academic future at risk. This case involved multiple legal issues including harassment, defamation, and criminal intimidation through suicide threats.

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.

• Document all communications including messages, emails, and call records immediately
• Inform college authorities about the harassment and false allegations with proper documentation
• Avoid any direct contact with the accused person to prevent further complications
• Report suicide threats to appropriate mental health counselors and college administration

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to this case. Section 351 (Criminal Intimidation) covers suicide threats used to cause alarm. Section 356 (Defamation) applies to false allegations made via email to authorities. Section 75 (Sexual Harassment) may be relevant if gender-based harassment occurred. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 allows for complaint filing, while Section 35 enables police to take cognizance of such offences. These provisions provide comprehensive legal remedies for victims of harassment, false accusations, and intimidation tactics.

If You Are the Complainant

• File a detailed complaint with college administration including all evidence of harassment and false allegations
• Lodge an FIR at the nearest police station under relevant BNS sections for criminal intimidation and defamation
• Maintain detailed records of all interactions, messages, emails, and witnesses who can support your case
• Request college authorities to investigate the false allegations and provide you with a fair hearing
• Consider seeking restraining orders to prevent further contact from the accused

If You Are the Victim

• Immediately preserve all evidence including screenshots, emails, call logs, and witness statements
• Report the matter to college counseling services and administration for institutional support
• File a police complaint under relevant sections of BNS for harassment, defamation, and criminal intimidation
• Seek legal counsel to understand your rights and available remedies against false allegations
• Consider approaching consumer forums if the college fails to provide adequate grievance redressal

How the Police Behave in Such Cases

Police typically take such cases seriously, especially when suicide threats are involved. They usually record detailed statements from both parties and collect digital evidence. Officers may counsel both students initially and coordinate with college authorities. However, they prioritize cases with clear evidence and may be reluctant to register FIRs without substantial proof. Documentation becomes crucial for police to take immediate action.

FAQs People Normally Have

Can college take action based on false allegations? Colleges must investigate fairly but cannot punish without proper inquiry and evidence.

Are suicide threats legally actionable? Yes, using suicide threats to intimidate someone constitutes criminal intimidation under BNS Section 351.

How to prove false allegations were made? Digital evidence, witness statements, and inconsistencies in the accuser’s story help establish falsity.

Can I get compensation for reputation damage? Yes, civil remedies include damages for defamation and mental harassment.

What Evidence Is Required?

• Screenshots and printouts of all messages, emails, and social media communications
• Call log records showing frequency and duration of unwanted calls
• Witness statements from classmates, friends, or hostel mates who observed the harassment
• College correspondence including false complaint emails and administration responses
• Medical records if mental health was affected due to harassment
• CCTV footage from college premises showing any incidents
• Audio recordings of threatening conversations if legally obtained

How Long Will the Investigation Take?

College internal investigations typically take 2-4 weeks depending on complexity. Police investigation may take 2-6 months for thorough examination of digital evidence and witness statements. Court proceedings, if initiated, can extend 6-18 months. Timeline depends on evidence quality, witness cooperation, and case complexity. Prompt legal action and proper documentation can expedite the process significantly.

Advocate Sudhir Rao, Supreme Court of India