In this article, Sanghamitra Sengupta discusses Laws to help you tackle threat calls.

We live in an age where individuals do not think twice before threatening to kill, maim or hurt the dignity of another simply because of one’s anger or sadistic attitude. It’s worse and more petrifying because you may not have an idea as to who is on the other side of the call, threatening to harm you. It is essential to know that making threat calls to someone is a criminal offense in our country. One need not change their phone number to get rid of such calls and must take the assistance of the law to put an end to the growing menace of threat calls in the country.

What kind of threat calls are mostly received in India?

Bomb Threats

Bomb threat calls are made by individuals interested in creating a pandemonium in the society for motives best known to them. Callers threatening to detonate a bomb give a verbal warning and aim to scare the receiver, prompting them to take quick but unnecessary action. Such phone calls are usually received by the police, airport officials and government offices.

Murder Threat

• Threat to property
• Extortion threat (A threat call demanding money which amounts to extortion and noncompliance of which may amount to damage to life and property)

Is one threat call sufficient to seek legal aid?

Yes. You need not wait for someone to threaten you twice or thrice for it to constitute a threat call and then seek legal aid. One call which is threatening in nature and makes you feel unpleasant is enough to allow you to seek help from the law and tackle the situation.

Here are the laws that one can take the assistance of when faced with threat calls:

Receiving threat calls – Reach out to the given numbers

181 – Women Helpline

This helpline number is solely meant for women and is known as the Abhayam helpline. There are female counselors who answer calls made to this helpline. The counselors take down the harasser’s number and forward it to a police constable at the helpline center itself. The police constable tracks down the caller and warns the caller of strict action. If the matter is deemed to be serious, a police complaint may be filed against the harasser as well.

100 – General Helpline Number

Now, this helpline number can be used by men as well as women. If the threatening call requires immediate attention as it has created immense and immediate fear in your mind, you can simply dial 100 which is the general police helpline in the country. Let the police know about the details of the caller and the police will contact the caller and put in efforts to nab him.

Approach the police on receiving a threat call

The police are willing to accept complaints from victims of threat calls. Before you make a complaint to the police, make sure you keep a proof of all the threatening calls. Do not delete the number from your call record. If the threat calls are not continuous but periodic, the victim can lodge a complaint in the ‘general diary’ of the police station having jurisdiction in your local area.

A general diary is very much a valid document and a victim may not worry about its importance with regard to an FIR. A general diary is basically the police station’s record of all wrongs taking place within its jurisdiction and also the action taken by the police. If the threat calls are constant, a victim can lodge an FIR in the police station.

The police officer, on receiving such a complaint, may then either call the harasser and threaten them with severe consequences to stop with the threatening calls. The police may also start an investigation, taking aid from the service provider of the phone number and nab the harasser.

Private police protection

If you are facing an imminent threat to your person and property, you can approach the police for private police protection. Charges need to be paid to the police for availing their protection service in the form of a uniformed security official for hourly shifts. It costs INR 2089 to hire a police sub-inspector for an 8-hour shift and hiring a police guard for an 8-hour shift will cost INR 1139.  

How to lodge a complaint against threat calls

Making threatening calls to someone is a criminal offense in our country, and the Indian Penal Code (IPC) deals with this offense effectively through various sections and prescription of punishment.

• Section 506 – Criminal Intimidation

Any person charged with this section will face either imprisonment extending up to 2 years or an imposition of fine or both. If the threat over a phone call was of causing grievous hurt, death, destruction to property by fire or committing a scheduled offense under IPC will invite a harsh punishment of imprisonment up to 7 years. The law is gender-neutral, and men can file a complaint against the one harassing them over a phone call as well.

• Section 354(D) – Stalking

Come 2013, and criminal law amended itself to the changing times and situations of the country. Prior to 2013, understanding of the offense of stalking was limited to physical stalking, but technology has its own ways and means of imposing itself negatively on people. The Criminal Law Amendment, 2013 inserted Section 354 (D) to IPC, making “electronic” stalking offense. This implies that if any person tries to contact a woman, to foster personal communication with her, without her willingness and desire, he commits stalking. A person charged under this section may be imprisoned for a term extending up to three years, and payment of a fine is also imposed.  

• Section 509 – Act hurting the modesty of a woman

If you are a woman and your harasser has called you and has uttered words which insult your modesty, then you can file a complaint to the police under Section 509 of the IPC, and your harasser will face a punishment of either imprisonment amounting to a year or imposition of fine. Barkha Dutt had filed an FIR to the police on receiving death and rape threats after the JNU incident. The police tracked down the harasser and charged him under this section.

What are the problems a complainant faces while reporting threat call to police and how to tackle them?

• On approaching the police, the police may refuse to register your FIR by not taking the matter seriously, and this is quite harassing for a victim of threat calls.
• If the police refuse to register your FIR, reach out to the Superintendent of Police (SP), Deputy Inspector General (DIG) or the Inspector General Police (IGP) with your complaint against the inspector. You can send your complaint to them by registered post as well.
• Complain to the nearest judicial magistrate who will order the police to register your FIR if deemed necessary.

Laws to deal with hoax bomb threat calls

Currently, callers making hoax bomb threat calls are arrested by the police after they are tracked down with the help of the “phone tracking system.” A case is registered under IPC against such callers. The Bureau of Civil Aviation Security is now considering an award of life imprisonment for callers who make hoax bomb threat calls to the airport by invoking the “Suppression of Unlawful Acts against Safety of Civil Aviation Act.”

• Section 177 of IPC

A hoax bomb threat caller may be charged under S. 177 of IPC which seeks to penalize individuals who furnish false information on any subject to a public servant, knowing the information is false. The punishment covers an imprisonment term of up to 6 months or fine of INR 1000. The false information must be of such a nature that its truth was necessary for the public servant to obstruct commission of an offense, prevent an offense or arrest an offender.

• Section 505 of IPC

This section seeks to penalize those who make statements with intent to cause alarm or fear to the public. Hoax bomb threat calls are bound to create a pandemonium in the public as it is a threat to the safety of citizens.

• Section 507 of IPC

This section seeks to penalize those who commit the offense of criminal intimidation by an anonymous communication. Usually, callers of hoax bomb threats conceal their identity, name, and place of residence which makes this particular section the perfect tool to press charges against such callers. An imprisonment term of two years can be imposed on the caller.

What to do when abusive and threatening calls are made by bank recovery agents?

Every bank has recovery agents who recover amounts of loan, EMI and credit card payments from customers. When debt becomes 90 days due, recovery agent visits are initiated. Due to the extremely high-interest rates prevailing in the market, customers often find it difficult to pay on time and find themselves in trouble. These recovery agents often adopt methods that are threatening in nature. In 2007, a man committed suicide accusing his recovery agent of making threatening calls and being the reason behind his move. Reserve Bank of India (RBI) has issued proper methods to be adopted by these recovery agents which they must not breach. So, if you receive threatening calls from bank recovery agents, there is a legal discourse for you.

• According to the Banking Codes and Standards Board of India, recovery agents have to collect money by according fair treatment and being persuasive. This implies that if your recovery agent is being abusive, you must not bear with it.
• If your recovery agent is threatening to disclose details of your bad debt to your neighbour or someone else, you must be aware of your Right to Privacy. A recovery agent cannot threaten to disclose your bad debt to anyone. If he does so, you can file a complaint against him with the bank, and this can result in removal of the agent.
• You also have a right of choosing the time and place at which a recovery agent can call you. He cannot call you after 7pm, but if your work timings don’t permit you to receive a call during the time window of 7am to 7pm, you may ask the agent to call you after 7pm. You can also ask your agent to not call you when you are at a specific place, such as workplace/office.
• You can file a complaint against the agent with the bank if his collection practice is unfair and threatening. The bank is then bound to investigate the matter. The recovery agents are accountable to the bank for the recovery practice adopted by them.
• If you are not satisfied the bank’s action taken towards the recovery agent, you can approach the Banking Ombudsman. Banking Ombudsman scheme was launched by RBI in 2006 to resolve complaints filed by bank customers.  

Are there ways to legally stop, threatening commercial calls?

Yes. Threatening calls may not always be from those who have a motive to threaten you or the usual suspects. Often, in India, due to the easy accessibility available to commercial service providers, threatening calls are made to coerce people into buying goods and services. This proves to be a major irritant and in order to protect people, the Telecom Regulatory Authority of India (TRAI) has made a provision under which customers who are being bothered or threatened by a commercial service provider can permanently or temporarily ban these numbers by simply sending an SMS “START 0” to 1909 or by dialling 1909. If you are being abused by a commercial service provider coercing you to avail his services, use this legal recourse to protect yourselves.

Conclusion

There are several legal ways to tackle the serious problem of threat calls in India, but there are also some methods you can adopt on a personal level such as blocking the number. But, these methods will not prevent a harasser from harassing someone else. Hence, it is advisable that in this age of harassers, you discourage such evil practices by seeking help from the law.