If you are stuck in such a situation, here is what to do.
Mr. Sameer, a young professional residing in Nagpur, recently ended a relationship of several months with his partner, Ms. Anjali. Following the breakup, Mr. Sameer found himself in a distressing situation. He alleged that Ms. Anjali began pressuring him to reconcile, resorting to threats of lodging false complaints of sexual abuse against him. In a moment of intense anger and frustration, Mr. Sameer reacted with harsh and inappropriate language, which Ms. Anjali managed to record. The situation escalated when she started causing public disturbances at his residence and his workplace at “Innovate Solutions Pvt. Ltd.,” creating embarrassing scenes. The ordeal has now reached a critical point, with Ms. Anjali threatening to commit suicide and leave a note implicating Mr. Sameer and his family members.
Advice in such cases
Navigating such a volatile situation requires a calm and strategic approach. Emotional reactions can worsen the matter. Here are the immediate steps you should consider:
Cease All Communication: Do not engage in arguments, debates, or any form of communication. Any interaction can be twisted or used against you. Block her number and social media profiles if necessary.
Preserve All Evidence: Meticulously save every piece of evidence. This includes text messages, emails, call logs, and any recordings of threats. If she creates disturbances, try to secure CCTV footage from your workplace or residence.
Inform Your Family: Since your family has been named in the threats, it is crucial to keep them informed. Their support and awareness are vital for a united front.
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
Under the new Indian penal laws, several provisions can be invoked in such a scenario:
Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with criminal intimidation. Threatening to injure a person’s reputation by filing false cases or threatening suicide to cause alarm constitutes an offence under this section.
Section 347 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to extortion. If the threats are used to compel you to do something against your will (like continuing the relationship), it may amount to extortion.
Section 117 of the Bharatiya Nyaya Sanhita, 2023 (BNS): While attempting suicide is not an offence, abetting it is. A suicide note falsely implicating someone can lead to serious legal trouble for the named individuals, making the threat itself a potent tool for intimidation.
Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section covers defamation. If false allegations are made public, a case for defamation can be pursued.
If you are the complainant
If you are in a position like Mr. Sameer’s, you are the complainant. You must act proactively to protect yourself:
File a Police Complaint: Approach the police and file a detailed written complaint. Clearly state the sequence of events, the nature of the threats, the blackmail, and the public harassment. Attach copies of all evidence you have gathered.
Seek an Injunction: You can approach a civil court to file for an injunction to legally restrain the person from contacting you, visiting your home or workplace, or making defamatory statements against you.
Anticipatory Bail: Given the threat of a false sexual abuse case, it is wise to discuss the possibility of filing for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) with your lawyer.
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 feel you are the aggrieved party in a breakup and have been wronged, there are legal channels available. However, resorting to threats is counterproductive.
Seek Legal Recourse Properly: If you have been subjected to abuse or insult (such as the offensive language used by Mr. Sameer), you have the right to file a complaint. However, false threats will only weaken your position.
Mental Health Support: Threatening suicide is a sign of extreme distress. It is essential to seek help from mental health professionals rather than using it as a threat. This is not a legal tool and can cause immense harm.
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 often handle such cases with caution. Initially, they might perceive it as a personal dispute or a “lovers’ quarrel” and suggest mediation. However, the gravity of threats involving false sexual assault allegations and suicide notes usually compels them to take action. They will likely register a complaint if you provide credible evidence and may summon the other party for an inquiry. Be prepared to be patient but persistent.
FAQs people normally have
What evidence is required?
Strong evidence is the backbone of your case. You should collect:
Screenshots of threatening text messages, chats from social media, or emails.
Call recordings containing threats (their admissibility can be debated, but they are crucial for the investigation).
CCTV footage of any public disturbances.
Statements from witnesses, such as colleagues, neighbours, or friends who have seen the harassment.
How long will the investigation take?
The timeline for an investigation varies. Under the BNSS, efforts have been made to expedite the process. A preliminary inquiry may take a few weeks. If an FIR is registered, the investigation could last several months, depending on the evidence collection, witness availability, and the complexity of the case. A good lawyer can help in ensuring the police act promptly.
Advocate Sudhir Rao, Supreme Court of India