If someone is threatening to kill me over a phone call is the situation you are facing right now, your first priority is your safety, and only then the legal steps. If you believe the threat could be carried out soon, call 112 immediately, tell the operator exactly what was said and where you are, and stay with people you trust. Once you are safe, you should know that Indian law treats death threats as a serious crime, and it gives you several tools at once: criminal complaints, preventive orders, police protection, and constitutional remedies. This guide gives you a practical plan for the first twenty-four hours and explains your legal options in plain language.

Let me begin with what you should do in the very first hour. Do not panic and do not engage in an argument with the caller. If the call is still going on, stay calm, let the person speak, and try to note their exact words, any demands, and any details they reveal about you or your family. After the call, write everything down immediately, including the date, time, duration, number, and what was said. Tell at least one trusted family member or friend what has happened, so you are not dealing with it alone.

Next, preserve the evidence before doing anything else. Take screenshots of the call log showing the number, date, time, and duration. If your phone records calls, save the recording in its original form and back it up to another device or cloud storage. Do not edit, trim, or convert the file. If the caller has also sent messages or voice notes, save them too. Avoid blocking the number until you have preserved everything, because blocking can sometimes make it harder to retrieve call details from the phone itself.

Then take some immediate safety measures. Share your live location with a trusted person, vary your routine for the next few days, and avoid isolated places. If the caller mentioned your home, workplace, or children's school, inform family members, security staff, and the school administration. Agree on a simple check-in routine with family. These steps may feel dramatic, but in the early period after a threat, caution is always better than regret.

Now let us look at the law. Since 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) has replaced the Indian Penal Code. A threat to kill is criminal intimidation under Section 351 of the BNS, which replaces Sections 503, 506, and 507 of the IPC. Criminal intimidation means threatening a person with injury to their person, reputation, or property, or to someone they are interested in, with intent to cause alarm or to compel them to do or not do something. A death threat over the phone clearly falls within this definition.

The punishment depends on the seriousness of the threat. Under Section 351(2), simple criminal intimidation is punishable with imprisonment of up to two years, a fine, or both. Under Section 351(3), where the threat is to cause death or grievous hurt, the punishment can extend to seven years. Under Section 351(4), if the caller conceals their identity, for example by using an unknown, private, or internet number, an additional punishment of up to two years can be imposed.

The intention behind the threat matters. In Manik Taneja v. State of Karnataka (2015), the Supreme Court held that criminal intimidation requires an intention to cause alarm, and mere words spoken without such intention may not suffice. A deliberate threat to kill you, especially one repeated or accompanied by demands, will usually leave little doubt about the intention to cause alarm. Your written account and the recording help prove this element.

Many death threats are linked to demands. If the caller is demanding money, property, or a favour while threatening to kill you, the offence may be extortion under Section 308 of the BNS, which replaces Sections 383 to 389 of the IPC. Extortion committed by putting a person in fear of death or grievous hurt carries heavier punishment, extending up to ten years. Extortion calls from gangs, sometimes made from abroad, have become a serious problem in several States, and police treat them with high priority.

If the threats are part of organised criminal activity, more serious provisions may apply. Section 111 of the BNS deals with organised crime by crime syndicates, and some States have special laws against organised crime. Criminal conspiracy under Section 61 of the BNS may also be invoked where several people are involved. Mention any links to gangs or groups in your complaint, because this affects how seriously and quickly the police respond.

A growing number of threats come from illegal loan apps and recovery agents. If a lender or recovery agent threatens to kill you or harm your family over a loan, that is criminal intimidation and possibly extortion. The Reserve Bank of India's rules on fair practices and the conduct of recovery agents prohibit intimidation and harassment. You can complain to the RBI through its Integrated Ombudsman mechanism for regulated lenders, and report unregistered lenders through the RBI's Sachet portal, in addition to filing a police complaint.

Now let us move to reporting. Go to the police station having jurisdiction over your residence or where you received the call, and submit a written complaint with your evidence attached. You can also file a Zero FIR at any police station, which will be transferred to the correct one, and in many States you can file an e-FIR. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), criminal intimidation is generally classified as non-cognizable and bailable, but several States have made it cognizable by notification, and extortion is cognizable everywhere.

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. If the matter is treated as non-cognizable, the police will make an entry under Section 174 of the BNSS and refer you to the Magistrate, who can order investigation. Either way, your complaint becomes an official record of the threat.

If the police refuse to act, escalate immediately rather than waiting. Send your complaint in writing, by post, to the Superintendent of Police or Commissioner of Police under Section 173(4) of the BNSS. If that does not work, approach the Judicial Magistrate under Section 175(3) of the BNSS (formerly Section 156(3) CrPC), with an application supported by an affidavit. In Sakiri Vasu v. State of Uttar Pradesh (2008), the Supreme Court explained that the Magistrate can direct registration of an FIR and monitor the investigation.

Tracing the caller is usually the police's job, but you can help. The police can obtain call detail records and subscriber information from telecom operators, including through a written requisition under Section 94 of the BNSS (formerly Section 91 CrPC). For calls from internet-based or foreign numbers, the cyber cell can investigate, sometimes with help from service providers abroad. You can also report suspicious or fraudulent calls through the Chakshu facility on the Department of Telecommunications' Sanchar Saathi portal, and cyber-related threats through cybercrime.gov.in.

Evidence must be properly prepared for court. Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), formerly Section 65B of the Evidence Act, secondary electronic evidence must be accompanied by a certificate, as held in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020). Recorded conversations have long been admissible if relevant, properly identified, and shown to be accurate. Voice samples can be compared with the recording, as permitted by the Supreme Court in Ritesh Sinha v. State of Uttar Pradesh (2019).

Facing a death threat is frightening, and having the right legal support can make your complaint and protection request far more effective. You can reach out via Aapka Legal Advice for prompt guidance on drafting your complaint, preserving evidence, and escalating if the police are slow to act. For court applications, High Court protection petitions, or representation in a criminal case, experienced Top Criminal Lawyers in India | Aapka Legal Advice can act quickly on your behalf. Our panel of retired judges, available for urgent consultations, risk assessments, and strategy reviews, works with our criminal lawyers to frame protection requests in the way courts find most persuasive.

Now let us look at protection, which is often your most urgent need. 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 may arrest a person designing to commit a cognizable offence if it cannot otherwise be prevented.

If the person threatening you is known, preventive proceedings can be very effective. 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. Under Section 129 of the BNSS (formerly Section 110 CrPC), security for good behaviour can be required from habitual offenders who are dangerous to the community. Failure to furnish such bonds can lead to detention.

If the police do not protect you despite a credible threat, approach the High Court under Article 226 of the Constitution. High Courts regularly direct police protection where a person's life is at risk, recognising that Article 21 guarantees the right to life and personal security. Your petition should include the details of the threats, your complaints to the police, and the lack of response. Courts tend to act quickly in such matters.

If you are a witness in a court case and the threat is connected to it, specific protections apply. 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, punishable with imprisonment of up to seven years. Inform the trial court and the Public Prosecutor at once.

If the person threatening you is a family member or partner, additional remedies exist. A woman facing threats from a husband, partner, or in-laws can seek protection orders under Section 18 of the Protection of Women from Domestic Violence Act, 2005, including urgent ex parte orders under Section 23. Civil injunctions under Section 38 of the Specific Relief Act, 1963 and Order XXXIX of the Code of Civil Procedure, 1908 can restrain any known person from contacting or approaching you.

There are certain mistakes you must avoid. Do not threaten the caller back, because that can expose you to the same offence. Do not agree to meet the caller, even if they offer to "settle" the matter. Do not pay money under threat, because extortionists usually return with bigger demands. Do not post the recording or the caller's details on social media, which can complicate the investigation and create other legal risks. Let the police and courts handle the matter.

Keep following up after you file your complaint. Note the FIR number or NC entry number and the name of the investigating officer. Under the BNSS, the police should inform you of the progress of the investigation within ninety days. If the threats continue, report each new incident in writing and ask for it to be added to the existing case. Repeated threats strengthen your case and justify stronger protective measures.

If the case reaches court, cooperate fully. Give your statement to the police under Section 180 of the BNSS (formerly Section 161 CrPC) and, if required, before a Magistrate. Attend court when summoned and give your evidence truthfully. On conviction, the court can order compensation to you under Section 395 of the BNSS. Criminal intimidation under Section 351 is compoundable by the person intimidated under Section 359 of the BNSS, so if the matter is later genuinely resolved, it can be settled lawfully.

Please take care of your emotional wellbeing too. Living with a death threat can cause anxiety, sleeplessness, and constant fear, and these reactions are entirely understandable. Talk to people you trust, and consider professional support if the stress becomes overwhelming. The Tele-MANAS helpline at 14416 offers free and confidential support at any time.

Let me summarise your action plan. First, ensure your immediate safety and call 112 if the danger is imminent. Second, preserve the call log, recording, and messages, and write down exactly what was said. Third, file a written police complaint, escalating to the Superintendent of Police under Section 173(4) or the Magistrate under Section 175(3) of the BNSS if necessary. Fourth, seek police protection, preventive bonds under Section 126 of the BNSS, and, where needed, a High Court order under Article 226.

In conclusion, if someone is threatening to kill me over a phone call is your reality right now, remember that the law gives you strong, practical protection, and you do not have to face this alone. Section 351 of the BNS punishes such threats with up to seven years, extortion and organised crime provisions apply where demands or gangs are involved, and preventive and constitutional remedies can secure your safety. Act quickly, keep your evidence safe, and escalate firmly if the response is slow. When someone is threatening to kill me over a phone call, taking these steps with sound legal guidance is the surest way to protect yourself and your loved ones.