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

Mr. Sameer, a young professional working at a tech firm in Janakpuri, found himself in a deeply distressing situation. He had been in a relationship with Ms. Anjali for over a year, but due to growing incompatibilities, he decided it was best to part ways. For the past few days, every attempt to communicate his decision was met with extreme emotional distress from Anjali, including severe panic attacks. To avoid causing her more pain during her upcoming professional certification exams, Sameer decided to postpone the conversation.

However, the situation took a dark turn one evening. During an argument, Anjali began weeping and accused Sameer of abandoning her. Despite Sameer’s calm attempts to explain his position, Anjali escalated her threats, stating unequivocally that she would end her life and hold him responsible. Fearing the grave personal and legal repercussions of such an act, Sameer felt trapped and desperately sought legal guidance on how to protect himself while navigating this emotionally charged crisis.

Advice in such cases

Navigating such a sensitive issue requires a careful and strategic approach. The priority is to ensure everyone’s safety while also protecting your legal standing.

• Prioritize Safety: If you believe the threat is imminent, immediately contact emergency services or inform the person’s family or close friends. Your primary concern should be the preservation of life.
• Do Not Engage or Argue: Avoid getting into heated arguments or making promises you cannot keep just to pacify the situation. Remain calm and disengage from toxic conversations.
• Document Everything: Keep a record of all communications. Save text messages, emails, and any other form of correspondence where such threats are made. This documentation is crucial evidence.
• Inform Their Family: It is wise to inform the person’s parents or guardians about their emotional state and the threats being made. This not only helps them get the support they need but also serves as a record of your responsible actions.
• Consult with 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.

Applicable Sections of Law

Under Indian law, while threatening suicide is not a crime, coercing or threatening someone with such an act can have serious legal implications, especially if it is linked to abetment or criminal intimidation. The new criminal laws are pertinent here:

• Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with ‘Abetment of suicide’. If a person ends their life, anyone who instigated, conspired, or intentionally aided in the act can be held liable. A mere breakup is not considered abetment, but the court will examine if there was active and direct encouragement that left the person with no other option.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines ‘Criminal intimidation’. Threatening someone with injury to their person, reputation, or property to cause alarm or to make them do something they are not legally bound to do can be considered criminal intimidation. Using threats of self-harm to force someone to stay in a relationship can potentially fall under this section.

If you are the complainant

If you are the one being threatened (like Sameer), you are the complainant. Your goal is to create an official record to protect yourself from false allegations in the future.

• Gather and Preserve Evidence: Systematically collect all evidence, such as screenshots of messages, call logs, and if permissible, recordings of conversations where threats were made.
• File a Police Complaint: Visit the nearest police station and file a detailed written complaint. Even if they do not register an FIR immediately, insist on a General Diary (GD) or Community Service Register (CSR) entry. This creates a formal record of your report.
• Inform Mutual Connections: If you have mutual friends or acquaintances, it may be prudent to inform a trusted few about the situation. They can act as witnesses to your side of the story if needed.
• Consult with 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

As the person at the receiving end of these threats, you are the primary victim of emotional blackmail and potential legal jeopardy. Your actions should be focused on de-escalation and self-preservation.

• Set Clear Boundaries: Communicate your decision to end the relationship clearly and firmly, but without aggression. State that while you care for their well-being, you cannot be emotionally blackmailed into staying.
• Seek Your Own Support: Dealing with such a situation is incredibly stressful. Talk to your own family, friends, or a mental health professional to manage the anxiety and pressure.
• Create Distance: It is important to create physical and digital distance after communicating your stance and taking legal precautions. Continued engagement can often worsen the situation.
• Consult with 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.

How the police behave in such cases

Police response in such domestic or relationship-related matters can vary.

• Initial Reluctance: Police often view such cases as personal disputes and may be hesitant to file an FIR, especially if no physical harm has occurred. They might suggest that the couple should sort it out themselves or with their families.
• General Diary (GD) Entry: More often than not, the police will make a GD entry. This is a formal record that you reported the matter on a specific date and time, which is legally valuable for you.
• Counselling/Warning: In some cases, the police may call the other person to the station and issue an informal warning or recommend counselling for both parties.
• FIR Registration: If your complaint is accompanied by strong evidence of continuous harassment, blackmail, or intimidation, the police are more likely to register an FIR under the relevant sections of the BNS.

FAQs people normally have

Can I be arrested if my partner attempts suicide after a breakup?
An arrest is not automatic. For a charge of abetment of suicide under Section 108 of the BNS, the prosecution must prove that you actively instigated or goaded the person to take such a step. Simply ending a relationship is not a crime and does not typically meet the legal standard for abetment.

Will filing a police complaint ruin my partner’s future?
The primary purpose of filing a complaint is to protect yourself by creating a factual record. A GD entry is not an FIR and does not lead to a criminal trial. It is a defensive measure. Your lawyer can advise on the best way to frame the complaint to protect your interests without being unnecessarily punitive.

What if she files a false case of assault or harassment against me in retaliation?
This is a valid concern. Having a pre-existing police complaint (GD entry) where you have documented her threats of self-harm and emotional blackmail can serve as powerful evidence in your defence against any potential retaliatory and false allegations.

What evidence is required?

Strong evidence is key to protecting your position. You should collect:

• Digital Communication: Screenshots of text messages, WhatsApp chats, emails, or social media messages containing the threats.
• Call Recordings: If legally permissible in your context, recordings of phone calls can be very effective.
• Witnesses: Testimony from any friends, family, or colleagues who were aware of the situation or witnessed the threats.
• Timeline of Events: A detailed, dated log of incidents, arguments, and threats.

How long will the investigation take?

The timeline varies significantly based on the actions taken. A GD entry is a one-time event that is completed in a few hours. If an FIR is registered, the police will conduct an investigation as per the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This process, which includes gathering evidence, recording statements, and filing a final report (chargesheet), can take several months. Any subsequent court case would extend the timeline further. An experienced lawyer can help navigate this process efficiently.

Advocate Sudhir Rao, Supreme Court of India