Threats to one’s life are serious and should never be ignored, no matter the context. The steps you take in such situations can help safeguard your personal safety, secure justice, and possibly prevent harm. Here is a comprehensive guide covering the immediate actions, legal remedies, and precautions:
1. Immediate Actions
When faced with a death threat, your immediate safety is the most important consideration. Here’s what to do right away:
a. Assess the Situation
- Is it Immediate or Indirect? If the threat is made face-to-face or involves someone close to your location, try to remove yourself from the scene without escalating the situation.
- Is it Written or Verbal? Take note of how the threat was delivered—via text, phone call, social media, or in person—since this will be crucial for reporting later.
b. Stay Calm and Avoid Confrontation
- Avoid engaging in arguments or provoking the person issuing the threat.
- Try not to act emotionally, as this may escalate the situation.
c. Call for Immediate Help
- Police: If you feel the threat is imminent, call 100 (in India) or the local police helpline immediately. Share your location and details about the incident.
- Trusted People: Inform family, friends, or nearby individuals about the threat to create an instant safety net around you.
2. Preserve Evidence of the Threat
Evidence is crucial for taking legal action against the individual threatening you. Depending on the mode of the threat, do the following:
a. If the Threat is Verbal:
- Record the conversation, if possible (many smartphones have voice recording options).
- Jot down exact words used, the time, date, and context of the threat.
b. If the Threat is Written or Digital:
- Take screenshots of text messages, emails, or social media posts. Ensure timestamps and sender details are visible.
- Save voicemails or video calls in which the threat was issued.
- Do not delete the evidence, even if it’s disturbing to revisit.
3. Notify the Authorities
a. File an FIR (First Information Report):
Under Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS), criminal intimidation, including death threats, is a punishable offense. To register an FIR:
- Visit the nearest police station.
- Provide a detailed written statement of the threat, including the following:
- The name of the accused (if known).
- Time, date, and place where the threat was made.
- A copy of the evidence (if available).
- Request a copy of the FIR for your records.
b. Use Helplines for Additional Support
- If the perpetrator is stalking you online or harassing you digitally, report the issue at local cyber cells.
- For women facing such threats, the 181 Women Helpline is a dedicated service in India.
4. Legal Provisions in India for Protection
a. Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Criminal Intimidation
This section defines criminal intimidation as the act of threatening someone to cause harm or death. A convicted offender can face:
- Imprisonment of up to seven years, if the threat involves grievous injury or death.
- Fine or both.
b. Restraining Orders:
If the threat comes from someone you know (e.g., an abusive spouse, relative, or neighbor), the court may issue a restraining order or an injunction under civil law to prevent the individual from coming near you.
c. Specific Protection Laws for Vulnerable Groups:
- Women facing death threats from intimate partners or family members can file for protection under the Protection of Women from Domestic Violence Act, 2005.
- Employees threatened at their workplace can approach labor authorities or the company’s grievance redressal system.
d. Bail Conditions:
If the accused seeks anticipatory bail, you can contest it on the grounds of the severity of the threat. Courts generally impose restrictions on the accused, such as no-contact conditions.
5. Precautionary Measures for Your Safety
a. Improve Physical Security:
- Install CCTV cameras around your home or workplace to deter threats.
- Change locks and add security features if needed.
- Inform neighbors or security staff about the threat.
b. Stay in Contact with Others:
- Share your daily schedule with a trusted family member or friend.
- Use location-sharing apps for others to track your whereabouts in real-time.
c. Social Media Precautions:
- Make your profiles private and avoid revealing your current location in posts.
- Block the offender and avoid engaging with them online.
d. Seek Professional Help:
- Consider hiring a security guard or taking self-defense training if the threat persists.
- Consult a legal professional to file additional protective measures.
6. Seek Support for Mental Well-Being
Receiving death threats can be deeply unsettling. Don’t hesitate to seek:
- Professional Counseling: Talk to a licensed therapist to manage stress and fear.
- Support Groups: Joining community or online groups can provide practical advice and emotional strength.
7. When to Escalate the Situation?
If the local authorities are not taking your case seriously or the threats escalate:
- Approach a senior police officer, such as the Superintendent of Police (SP) in your area, with a complaint.
- File a writ petition for inaction by authorities under Article 226 of the Indian Constitution in the High Court.
FAQs
Q1: What if the police refuse to file my FIR?
You can send a written complaint directly to the Superintendent of Police (SP) of your area under Section 173 BNSS Alternatively, you may file an application with a magistrate under Section 173 BNSS to direct the police to register an FIR.
Q2: Is a verbal death threat punishable under BNS?
Yes, a verbal death threat is punishable under Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS) if it creates fear and is considered criminal intimidation.
Q3: What if the threatener is anonymous?
In case of an anonymous threat, especially over the phone or online, provide all relevant details to the police, including call logs or IP addresses (if known).
Q4: Can I request police protection?
Yes, if you feel at imminent risk, request police protection. You may also file a plea in court to order local law enforcement to protect you.
Q5: Is there a time limit to file a complaint?
No, you can file a complaint about a death threat anytime. However, it is advisable to act immediately to strengthen your case.
Conclusion
Taking swift action when someone threatens to kill you is crucial. By securing evidence, notifying the authorities, and taking personal safety measures, you can protect yourself and ensure the perpetrator is held accountable under the law. Always prioritize your safety and remember that seeking help is your right.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304