If you have received a death threat over phone call, your safety comes first, so let me say this clearly at the start. If you believe you are in immediate danger, call 112, the national emergency number, right away and move to a safe place. A threat to kill is a serious criminal offence in India, and the law gives you strong tools to protect yourself and hold the caller accountable. Many people hesitate because they think a phone threat "is only words," but the law treats it very seriously. With the right steps taken quickly, you can secure your evidence, register a case, and obtain protection.

Let me begin with the law that applies. Since 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) has replaced the Indian Penal Code, and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure. Criminal intimidation, which covers threats to kill, is now dealt with in Section 351 of the BNS. This corresponds to Sections 503, 506, and 507 of the old IPC. If the threat was made before July 2024, the IPC provisions continue to apply because of the saving clause in Section 358(2) of the BNS.

Under Section 351(1) of the BNS, criminal intimidation means threatening another person with injury to his person, reputation, or property, or to the person or reputation of someone he cares about. The threat must be made with intent to cause alarm, or to make that person do something he is not legally bound to do, or to stop him from doing something he is legally entitled to do. A threat to kill you, or to kill a family member, falls squarely within this definition. It does not matter whether the threat was spoken in person, over the phone, or through a message.

The punishment depends on how serious the threat is. Under Section 351(2) of the BNS, simple criminal intimidation is punishable with imprisonment of up to two years, a fine, or both. Under Section 351(3), if the threat is to cause death or grievous hurt, the punishment increases to imprisonment of up to seven years, a fine, or both. A threat to kill during a phone call therefore falls under the aggravated form in Section 351(3), which corresponds to the second part of Section 506 of the IPC.

If the caller hid their identity, an additional provision applies. Under Section 351(4) of the BNS (formerly Section 507 IPC), when criminal intimidation is committed by anonymous communication, or the person takes precautions to conceal his name or address, he faces additional imprisonment of up to two years. This is highly relevant for calls from unknown, private, or internet-based numbers. The law recognises that anonymity makes a threat more frightening and harder to counter.

Depending on the facts, other offences may also apply. If the caller demanded money or property while threatening to kill you, the act may amount to extortion under Section 308 of the BNS (formerly Sections 383 to 389 IPC), which carries higher punishment when a person is put in fear of death. If the caller is repeatedly contacting a woman despite clear disinterest, it may amount to stalking under Section 78 of the BNS. Insulting words meant to provoke a breach of peace are covered by Section 352 of the BNS (formerly Section 504 IPC).

If the threat is linked to a gang, organised crime, or a wider plan, the police may also consider criminal conspiracy under Section 61 of the BNS or organised crime under Section 111. If the caller takes any step towards carrying out the threat, more serious offences such as attempt to murder under Section 109 may apply. If the threat comes through online platforms or involves impersonation, provisions of the Information Technology Act, 2000, such as Section 66C (identity theft) and Section 66D (cheating by personation using a computer resource), may also be relevant.

Your constitutional rights support every step you take. Article 21 guarantees your right to life and personal liberty, which includes the right to live without fear and to receive protection from the State. A death threat is not protected speech under Article 19(1)(a), because threats fall outside the scope of free expression and are subject to reasonable restrictions under Article 19(2). The police have a duty to protect your life, and courts can enforce that duty.

Now let us turn to the practical steps you should take immediately. The first step is to preserve the evidence. Take screenshots of the call log showing the caller's number, the date, the time, and the duration of the call. If the call was recorded, save the recording in its original form on your phone and make backup copies on a computer or pen drive. Do not edit, trim, or convert the recording, because altering it can affect its admissibility.

Write down everything you remember about the call as soon as possible. Note the exact words used, the tone, any names mentioned, any background noises, and any demands made. Record whether anyone else heard the call, for example on speaker phone, because they can be important witnesses. If the caller sent messages before or after the call, take screenshots of those too. A detailed written account made soon after the incident carries great weight with the police and the court.

Understand how electronic evidence works in court. Under Section 2(1)(d) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), electronic records are documents. Under Section 63 of the BSA (formerly Section 65B of the Evidence Act), electronic evidence must be accompanied by a certificate to be admissible. In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), the Supreme Court held that this certificate is mandatory when secondary copies are produced. Your lawyer can help you prepare it properly.

Courts have long accepted recorded conversations as evidence. In R.M. Malkani v. State of Maharashtra (1973), the Supreme Court held that a tape-recorded conversation is admissible if it is relevant, the voice is properly identified, and the accuracy of the recording is proved. The police can also obtain call detail records from the telecom company through a written requisition, including under Section 94 of the BNSS (formerly Section 91 CrPC). In Ritesh Sinha v. State of Uttar Pradesh (2019), the Supreme Court held that a Magistrate can order a person to give a voice sample, which helps match the caller's voice to the recording.

The second step is to report the threat to the police without delay. Go to the police station having jurisdiction over your residence, or the place where you received the call, and submit a written complaint. Attach copies of your screenshots and a transcript of the call. Ask for a receipt or acknowledgement. You may also file an e-FIR where your State allows it, or a Zero FIR at any police station under Section 173(1) of the BNSS, which will then be transferred to the correct station.

You should know how the offence is classified, because it affects police action. Under the First Schedule to the BNSS, criminal intimidation is generally classified as non-cognizable and bailable. However, several States have issued notifications making criminal intimidation cognizable within their territory. In addition, under Section 174(4) of the BNSS (formerly Section 155(4) CrPC), if your complaint also discloses any cognizable offence, such as extortion or stalking, the whole case is treated as cognizable. Your lawyer should check the position in your State.

If the offence is cognizable, the police must register an FIR under Section 173 of the BNSS (formerly Section 154 CrPC). In Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court held that registering an FIR is mandatory when the information discloses a cognizable offence. Under Section 173(3) of the BNSS, for offences punishable with three to seven years, the police may conduct a preliminary enquiry within fourteen days with the permission of a Deputy Superintendent of Police. They cannot delay beyond that without giving reasons.

If the offence is treated as non-cognizable, the police will record your information in the register under Section 174 of the BNSS, commonly called an NC report. They will then refer you to the Magistrate. You can approach the Magistrate for an order directing investigation under Section 174(2), or file a private complaint under Section 223 of the BNSS (formerly Section 200 CrPC). Do not let an NC entry discourage you, because it is still an official record of the threat.

If the police refuse to act, you have clear escalation routes. Under Section 173(4) of the BNSS, you can send your complaint in writing, by post, to the Superintendent of Police or Commissioner of Police. If that fails, you can approach the Magistrate under Section 175(3) of the BNSS (formerly Section 156(3) CrPC), with an application supported by an affidavit, to direct registration and investigation. In Sakiri Vasu v. State of Uttar Pradesh (2008), the Supreme Court explained the wide powers of the Magistrate in such matters.

Facing a death threat is frightening, and choosing the right legal route quickly can make a real difference to your safety. If you need help drafting your police complaint, preparing your evidence, or approaching the Magistrate, you can get in touch with Aapka Legal Advice for prompt guidance. Where court action or police protection petitions are needed, experienced Top Criminal Lawyers in India | Aapka Legal Advice can represent you before the Magistrate and the High Court. In sensitive or high-risk matters, you may also consult the panel of retired judges available through our platform, whose courtroom experience helps our criminal lawyers frame your protection request in the way courts find most persuasive.

The third step is to seek protection for yourself and your family. You can submit a written request for police protection to the Superintendent of Police or Commissioner of Police, explaining the threat and attaching your evidence. Under Section 168 of the BNSS (formerly Section 149 CrPC), every police officer may intervene to prevent the commission of a cognizable offence. Under Section 170 (formerly Section 151 CrPC), the police can arrest a person who is planning to commit a cognizable offence if it cannot otherwise be prevented.

You can also ask for preventive proceedings against the caller. Under Section 126 of the BNSS (formerly Section 107 CrPC), the Executive Magistrate can require a person likely to commit a breach of the peace to execute a bond for keeping the peace for up to one year. If the person fails to furnish the bond, he can be detained. This is a useful tool where the caller is known to you and lives nearby, such as a neighbour, relative, or business rival.

If the police do not provide protection despite a real threat, approach the High Court under Article 226 of the Constitution. High Courts regularly direct police protection for people facing credible threats to life. In Lata Singh v. State of Uttar Pradesh (2006) and Shakti Vahini v. Union of India (2018), the Supreme Court directed the police to protect couples facing threats from families over inter-caste or inter-religious marriages. The same principle of protecting life under Article 21 applies to any person facing a credible death threat.

If the threat is connected to a court case in which you are a witness, special protection is available. Under Section 398 of the BNSS, every State must notify a witness protection scheme, building on the Witness Protection Scheme, 2018 approved by the Supreme Court in Mahender Chawla v. Union of India (2018). Threatening a witness to give false evidence is a separate offence under Section 232 of the BNS (formerly Section 195A IPC). Inform the trial court and the Public Prosecutor immediately if you are threatened as a witness.

If the call came from an unknown or suspicious number, you can also report it online. The National Cyber Crime Reporting Portal (cybercrime.gov.in) accepts complaints relating to cyber offences, and the helpline 1930 handles cyber financial fraud. The Department of Telecommunications' Sanchar Saathi portal offers the Chakshu facility to report suspected fraudulent calls and messages. These reports can help trace numbers, block misuse, and support your police complaint.

There are certain things you should avoid doing. Do not threaten the caller in return, even in anger, because that can make you liable for the same offence. Do not agree to meet the caller alone, and do not go to their home or workplace to confront them. Do not delete messages or call logs, even if they are upsetting. Do not post the recording on social media, because it may complicate the investigation and create other legal issues.

Take practical safety measures alongside the legal steps. Inform your family, close friends, and colleagues about the threat. Vary your daily routine and routes where possible, and avoid isolated places. Consider installing CCTV at your home entrance and enabling location sharing with a trusted person. If your employer or residential society has security staff, inform them and share the caller's details if known.

Some people also consider applying for an arms licence for self-protection. Under Section 13 of the Arms Act, 1959, the licensing authority may grant a licence after a police inquiry, and a genuine threat to life is one of the factors considered. This is a serious decision that comes with strict legal responsibilities. It should be considered only after legal advice and never as a substitute for reporting the threat to the police.

If the caller is known to you and the threats continue, you may also seek civil relief. You can file a suit for a permanent injunction under Section 38 of the Specific Relief Act, 1963, and seek a temporary injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908, restraining the person from contacting or approaching you. If the threats come from a family member and you are a woman, the Protection of Women from Domestic Violence Act, 2005 allows you to seek protection orders under Section 18.

Once a case is registered, follow it through. Cooperate with the investigating officer, provide your statement under Section 180 of the BNSS (formerly Section 161 CrPC), and hand over your evidence with a proper certificate. If the matter goes to trial, attend court when summoned and give your evidence clearly. On conviction, the court can also order compensation to you under Section 395 of the BNSS (formerly Section 357 CrPC) for any loss or mental distress suffered.

What if the threat was a misunderstanding or made in anger? Even then, it is wise to record the incident with the police. Criminal intimidation under Section 351 is compoundable by the person intimidated under Section 359 of the BNSS. This means if the matter is later resolved, you can settle the case lawfully. Having an official record protects you if the threats resume or escalate.

Let me summarise the steps in simple terms. First, ensure your immediate safety and call 112 if you are in danger. Second, preserve the call log, recording, and messages, and write down exactly what was said. Third, file a written complaint with the police, escalate to the SP under Section 173(4) of the BNSS or the Magistrate under Section 175(3) if needed, and request police protection. Fourth, consider preventive proceedings under Section 126 of the BNSS and, if necessary, a writ petition under Article 226 for protection.