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

Mr. Sameer, a resident of Alipur, finds himself in a precarious situation. A business acquaintance, Mr. Karan, owed money to both Sameer and another individual, Mr. Vijay. While Karan settled his dues with Sameer, he failed to pay Vijay. Now, Vijay, seemingly in collusion with Karan, is persistently harassing Sameer, demanding that he pay the money Karan owes. The harassment has escalated to include various threats of harm, causing Sameer significant distress and fear for his safety. The only information Sameer has is their phone numbers, and he is seeking to understand his legal options to stop this harassment.

Advice in such cases

• Document Everything: Keep a detailed record of every call, message, and interaction. If possible and legal in your jurisdiction, record the threatening phone calls. Take screenshots of all threatening messages.
• Do Not Engage or Pay: Do not get into arguments or negotiations with the harassers. Most importantly, do not pay any money, as you have no liability. Paying might encourage them further.
• Preserve Evidence: The phone numbers are a crucial piece of evidence. Do not delete any call logs or messages from them.
• File a Police Complaint: Immediately go to your nearest police station and file a written complaint detailing the threats, harassment, and the background of the financial transaction (clarifying you owe nothing).
• 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

The actions of the harassers fall under serious criminal offenses under the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 328 of the BNS, 2023 (Extortion): This section applies when someone intentionally puts a person in fear of any injury to themselves or another, and thereby dishonestly induces them to deliver any property or valuable security. The threats to compel you to pay money you don’t owe amount to extortion.
• Section 351 of the BNS, 2023 (Criminal Intimidation): This section deals with threatening another person with any injury to their person, reputation, or property. The “all sorts of threats” you are receiving clearly fall under this offense.

If you are the complainant

• Draft a Clear Complaint: Write a detailed complaint for the police. Clearly state that you do not owe any money. Focus on the threats, harassment, and the fear they are causing. Mention the names of the individuals (Karan and Vijay) and provide their phone numbers.
• Submit to the Police: Submit the written complaint to the Station House Officer (SHO) of your local police station. Ensure you get a receiving copy (a stamped acknowledgment) of your complaint.
• Follow Up: If the police do not register a First Information Report (FIR), you can send a copy of the complaint to the Superintendent of Police (SP) or a higher-ranking officer.
• 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

• Prioritize Your Safety: If you feel the threats are imminent, inform your family and neighbours. Avoid meeting the harassers alone.
• Systematic Documentation: Create a timeline of events. Note down the date and time of each threatening call or message, and what was said. This organised information will be very helpful for the police and your lawyer.
• Stand Firm: Do not show fear or weakness to the harassers. Block their numbers after you have saved all evidence and reported them to the police. Let the authorities handle them.
• 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

Initially, the police might perceive the issue as a monetary dispute, which is civil in nature. However, it is crucial to emphasize the criminal aspect—the threats, harassment, and extortion. When your complaint clearly articulates the element of criminal intimidation and extortion, the police are obligated to take action. They should register an FIR under the relevant sections of the BNS if a cognizable offense is disclosed. With the provided phone numbers, the police’s cyber cell can trace the individuals’ identities and locations, which is a standard part of the investigation process.

FAQs people normally have

What evidence is required?

• Digital Evidence: Call recordings of the threats, screenshots of text messages, WhatsApp chats, or any other digital communication are primary evidence.
• Call Detail Records (CDR): The police will obtain the call logs from the service provider to prove the communication between you and the accused.
• Your Testimony: Your statement to the police and later in court is a crucial piece of evidence.
• Witnesses: If anyone has overheard the threatening calls or seen you being harassed, their testimony can support your case.

How long will the investigation take?

The duration of a police investigation can vary. For a straightforward case like this, where the accused’s phone numbers are available, tracing them should be relatively quick. The investigation, including collecting evidence and filing a chargesheet, can take a few months. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides timelines to expedite the process, but the actual time frame depends on the workload of the police, the cooperation of the accused, and the complexity of gathering evidence.

Advocate Sudhir Rao, Supreme Court of India