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

Mr. Sameer, a young man from the city of Shantipur, found himself in a distressing situation. He received a phone call one morning from an individual who identified himself as a police officer. This caller claimed that the father of Sameer’s former girlfriend, Ms. Priya, was planning to file a criminal case against him. The basis of this alleged case was the private and intimate conversations Sameer and Priya had shared, which were entirely consensual. The caller menacingly stated that Priya’s father possessed screenshots of these conversations and intended to use them to implicate Sameer. This situation is a classic example of intimidation and potential extortion, often used to pressure individuals after a relationship ends sourly.

Advice in such cases

• Stay Calm: Do not panic. These threats are often designed to scare you into making a mistake or paying money.
• Do Not Engage: Avoid lengthy conversations with the person threatening you. Do not admit to any wrongdoing or make any promises.
• Preserve Evidence: Record any calls if legally permissible in your state. Save all messages, call logs, and any other communication from the caller or the 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.

Applicable Sections of Law

In such scenarios, the person making the threats could be liable under Indian law, not the person being threatened. The relevant laws are found in the Bharatiya Nyaya Sanhita (BNS).

• Section 326 of BNS (Extortion): If the caller demands money or any valuable security by putting you in fear of an accusation, it amounts to extortion.
• Section 351 of BNS (Criminal Intimidation): Threatening someone with injury to their reputation or property to cause alarm is a criminal offense. Filing a false police case falls under this category.
• Consensual Acts: Consensual conversations between two adults do not constitute a criminal offense. Using screenshots of such private conversations to file a case can be challenged in court as a malicious prosecution and a violation of privacy.

If you are the complainant

If you are the one being threatened, you are the aggrieved party and have the right to file a complaint.

• Gather Evidence: Compile all evidence of the threats, including call recordings, screenshots of messages, and the phone number of the caller.
• 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.
• File a Police Complaint: Approach your local police station and file a formal complaint (FIR) against the unknown caller and the girl’s family for criminal intimidation and extortion. Provide the police with all the evidence you have gathered.
• Send a Legal Notice: Your lawyer may also advise sending a legal notice to the girl’s family, warning them of the legal consequences of their actions.

If you are the victim

If the other party proceeds with their threat and a false FIR is registered against you, you become the victim of a malicious complaint.

• Seek Anticipatory Bail: If you apprehend arrest, your lawyer can immediately file for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• 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.
• Quash the FIR: Your lawyer can file a petition in the High Court under Section 561A of the BNSS to have the false FIR quashed. You will need to present evidence showing that the case is fabricated and filed with malicious intent.

How the police behave in such cases

It is crucial to understand that the person calling you and claiming to be a police officer may be an imposter. This is a common tactic used in extortion. A real police officer would follow procedure, which involves issuing a formal notice under the BNSS to join an investigation, not making threatening phone calls. If a complaint is filed, the police are required to conduct a preliminary inquiry before registering an FIR in many cases. They must follow the due process of law and cannot arrest someone arbitrarily, especially for offenses punishable with less than seven years of imprisonment, without satisfying the conditions laid down in the BNSS.

FAQs people normally have

What evidence is required?

• Digital Evidence: Call recordings, SMS, WhatsApp messages, and call logs from the person making the threats.
• Proof of Relationship: Any evidence showing the relationship was consensual, such as old messages, photographs, or mutual friends who can act as witnesses. This helps counter any false allegations.
• Your Complaint: A copy of the complaint you file against the individuals threatening you.

How long will the investigation take?

The timeline can vary. If you file a complaint for intimidation, the police may conduct a preliminary inquiry that takes a few weeks. If a false FIR is filed against you, the process of getting it quashed from the High Court can take several months. A proactive legal strategy is key to a faster resolution.

Advocate Sudhir Rao, Supreme Court of India