Skip to main content

What Should You Do If Someone Threatens You Through Repeated Phone Calls?

What Should You Do If Someone Threatens You Through Repeated Phone Calls?

Repeated threatening phone calls can be more than an annoyance, particularly when the caller threatens physical harm, damage to property, disclosure of private information, or other consequences intended to frighten or pressure you. The appropriate legal response depends on what was threatened, the identity of the caller, the surrounding circumstances and the available evidence.

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), criminal intimidation is dealt with under Section 351. A threat may fall within criminal intimidation where it is made with the required intention to cause alarm or to make a person do something they are not legally bound to do, or refrain from something they are legally entitled to do. The provision also addresses threats made through anonymous communications. 

Preserve the evidence first

If threatening calls continue, avoid deleting or losing information that may help establish the pattern of conduct. Preserve:

  • Call logs showing dates and times
  • The caller's phone number
  • Voicemails or recorded messages, where lawfully available
  • Screenshots of call history
  • Related WhatsApp or SMS messages
  • Emails or social-media communications connected with the threats
  • Details of witnesses who may have heard relevant calls
  • A written chronology describing what was said and when

If the calls are connected with online communications, the National Cyber Crime Reporting Portal also recognises evidence such as screenshots, suspect mobile numbers, chat transcripts, videos, images and other supporting documents.

Make an appropriate complaint

If the threat appears to constitute a criminal offence, a complaint can be made to the local police with the available evidence. The complaint should clearly describe the caller, the dates and frequency of calls, the exact nature of the threats as far as possible, and why the conduct has caused concern.

Where there is an immediate danger to life or safety, contact the police emergency service at 112 rather than waiting for an ordinary complaint process. The National Cyber Crime Reporting Portal also advises contacting local police for emergencies and crimes other than cybercrimes. 

Where the conduct involves a cybercrime or related online activity, an appropriate complaint may also be made through cybercrime.gov.in, depending on the nature of the incident. The portal allows reporting of various cybercrime categories, including mobile and online crimes. 

Do not treat every unpleasant call as criminal intimidation

A rude, abusive or persistent call does not automatically establish the offence of criminal intimidation. The content of the threat, intention, surrounding circumstances and evidence matter.

For example, a specific threat of physical injury may raise different legal considerations from repeated calls that are merely unwanted. Other offences or legal remedies may also become relevant depending upon the facts.

What if the caller keeps using different numbers?

Changing phone numbers does not necessarily prevent a complaint. Keep records of every number and each incident rather than treating individual calls as isolated events. If the caller's identity is unknown, provide the available information to the investigating authorities.

If the threats are connected with an existing dispute—such as a property, matrimonial, employment, financial or business dispute—it is also important to preserve the documents and communications relating to that underlying dispute.

Adv. Anupam Kumar Mishra can assist in examining the nature of the threats, organising available evidence and understanding the appropriate legal and procedural options.

Where the circumstances warrant legal intervention, Adv. Anupam Kumar Mishra can also assist with understanding the complaint process and the remedies that may be available under the applicable law.

For general legal information or to discuss whether professional legal assistance may be relevant to your circumstances, you may contact :

Adv. Anupam Kumar Mishra
Advocate | Supreme court of India
WhatsApp: +91-9051112233

Legal outcomes depend on the facts, evidence, applicable law and procedural circumstances. This content is intended for general legal information and does not by itself constitute legal advice for a specific matter.

#CriminalLaw #CriminalIntimidation #ThreateningCalls #Harassment #LegalRemedy #PoliceComplaint #IndianLaw #LegalAwareness

Labels:

Comments

Post a Comment

Popular posts from this blog

Can an Accused Obtain Certified Copies of Orders Passed in a Criminal Case?

  Can an Accused Obtain Certified Copies of Orders Passed in a Criminal Case? Yes. An accused can generally seek certified copies of orders passed in a criminal case . An official copy may be required to understand the court’s directions, comply with an order, challenge it before a higher court, prepare a bail or revision application, or maintain an accurate record of the proceedings. The exact procedure can vary according to the court and applicable copying rules, but the basic process is usually straightforward. What is a certified copy? A certified copy is an officially authenticated copy issued through the court’s prescribed copying mechanism. It is different from simply downloading an order from the internet. The eCourts system allows users to search criminal cases and view available case history and orders. Cases can be searched using details such as the case number, party name, filing number or FIR number.  Where a formal certified copy is required, the appropriate copy...
Post a Comment
Read more

Can a Parent Seek Interim Visitation Rights While a Custody Case Is Pending?

  Can a Parent Seek Interim Visitation Rights While a Custody Case Is Pending? Yes. A parent can generally ask the court for interim visitation rights while a child custody case is still pending. Such an arrangement is temporary and is intended to address the child’s contact with the parent until the court makes a final determination regarding custody. Under Section 12 of the Guardians and Wards Act , 1890 , the court has power to make interlocutory orders concerning the temporary custody and protection of a minor. This provision can be relevant when a court is considering temporary arrangements during pending guardianship or custody proceedings.  What can interim visitation include? Visitation does not necessarily mean transferring custody of the child to the other parent. Depending on the circumstances, a court may consider arrangements such as: meeting the child on specified days; spending a specified number of hours with the child; visitation at a neutral or court-approve...
Post a Comment
Read more

FIR Registration & Criminal Case Assistance in India

  FIR Registration & Criminal Case Assistance in India Can Police Refuse to Register an FIR? If you have reported a cognizable offence to the police and the police refuse to record your complaint or register an FIR, you may have further legal remedies. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , information relating to the commission of a cognizable offence may be given to the officer in charge of a police station, including through electronic communication. The provision applies irrespective of the area where the offence was committed. If the police station refuses to record the information, the law provides a mechanism for approaching the Superintendent of Police (SP) and, where appropriate, subsequently approaching the Magistrate . What Can You Do If Police Refuse an FIR? A person facing refusal by the police can generally consider the following legal steps: 1. Submit a detailed written complaint to the police station The complaint should cle...
Post a Comment
Read more