My husband regularly sends threatening messages on WhatsApp and makes abusive phone calls at odd hours. He has never physically harmed me. Can threats and abusive communication made over phone and messaging applications constitute a criminal offence and what procedure should I follow to file a complaint in Mumbai?
Yes, threats made over phone calls or WhatsApp can absolutely constitute criminal harassment in Mumbai, and digital communication has become one of the most significant and commonly relied-upon sources of evidence in modern harassment cases, precisely because it creates a direct, timestamped, and often difficult-to-dispute record of exactly what was said and when. Under the Bharatiya Nyaya Sanhita, criminal intimidation and cruelty provisions do not distinguish based on the medium through which threats or abusive conduct are communicated โ a threat delivered via WhatsApp message carries the same legal weight as one delivered in person, provided it meets the essential elements of the offence, such as instilling genuine fear of harm.
For a threat made over phone or WhatsApp to support a criminal complaint, it generally needs to convey a genuine threat of injury to person, reputation, or property, made with the intent to cause alarm or to compel the recipient to act or refrain from acting in a particular way, and where this pattern is sustained and connected to matrimonial harassment specifically, it can also feed directly into a broader cruelty complaint documenting the overall pattern of abuse experienced. Courts have increasingly relied on digital evidence in matrimonial cruelty cases, recognising how central phone and messaging communication has become to daily life and, unfortunately, to patterns of harassment as well.
Properly preserving this evidence is critical โ taking screenshots that clearly show the sender's identity, the date and time of the message, and the full content, backing these up in multiple secure locations, and where possible, preserving the original device or obtaining a certified printout, since courts require proper authentication of electronic evidence under the Bharatiya Sakshya Adhiniyam, including a certificate confirming the authenticity of the electronic record in appropriate circumstances.
If you are receiving threatening calls or messages as part of ongoing matrimonial harassment in Mumbai, preserving this evidence correctly from the outset significantly strengthens your eventual complaint, and our legal experts at Aapka Legal Advice can guide you on the proper technical and legal steps to ensure this evidence holds up effectively in court.
Because digital evidence requires specific authentication procedures to be admissible and persuasive, experienced legal guidance on preservation and presentation is genuinely valuable. The Top Criminal Lawyers in Mumbai | Aapka Legal Advice team, supported by retired judges on our panel familiar with digital evidence standards, can help you build a strong case using this material. If you are facing threats over phone or WhatsApp as part of matrimonial harassment in Mumbai, careful evidence preservation and prompt legal action are essential.
