• Is saying 'You will pay the price' to someone a criminal offence?

On 31st March,at around 12:A.M I got a call,I picked up the call & said 'Hello' for about 8 seconds & then the person on the other side hung up. I was in the mid of my sleep & couldn't understand who was he,so I whatsapped that person,I asked him why did he call & he replied it was by mistake,I asked him if we have talked before on some social sites or anything ,he said no. I jokingly said 'I like hot guys',so that he never calls me again if he is someone who did it intentionally,after that I called him,so that I could recognize his voice because for some reason I wasn't feeling comfortable because of that call,so I called him & he said he did that by mistake & I said it's strange that you dialed a wrong number from a mobile that too at post midnight.He abruptly got cranky & flurried abusive words on me in Hindi for about half a month,I really got upset & I only said that you don't even know me but still abusing me, 'You will pay the price' ,I said that repeatedly for 2-3 times & I hanged up.
I haven't called him since,neither do I will or have any intention to,I have deleted his number & I had no intention of causing any harm or anything,I just wanted to say something & I hung up. I'm afraid that if I have made an offence by making an intimidating remark,I'm afraid if in future ever if he will get into trouble he might doubt me ,I have an OCD & I'm really worried ,I also want to know if this incident will remain relevant after a few months or a year or so,in case he ever gets into trouble or get injured,would that mean that I will also be in the radar of investigation,would this incident cease to matter after a few months or a year for any kind of case against me,e.g. if gets injured or being murdered by someone after a few months or some amount of time,would I be still under contention because of my remark? is there any time span? I'm really worried because of all these questions,please help & please address all these queries as I'm losing my sleep ,I'm a law abiding citizen & I was upset that day & I'm really gutted for having used such words for someone. 
Regards!
Asked 7 years ago in Criminal Law
Religion: Hindu

15 answers received from multiple lawyers

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15 Answers

The comment that you made was after the abuse you receiived. I suggest you to write a letter documenting the entire episode to the local police station. I can assure you that as you are not at fault here, you do not need to worry about anything else. The comment that you made was a reaction that triggered after you were abused. The letter will just provide a necessary shield if any untoward incident happens. It's just for your future reference.

Debayan Sen
Advocate, Kolkata
8 Answers

1) you have nothing to fear

2) if some one calls you at midnight disturbs your sleep you are bound to get angry

3) further the caller abused you and hence in anger you said words you will pay the price

4)it is doubtful that caller will file any police complaint as he is equally guilty of hurling verbal abuses at you

5) you are not to be blamed if if he gets injured or murdered if you had not committed the offence

6) forget the caller and move on in life

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

1. This is trivial issue and you must forget this and move on in life.

2. Out of this incident no criminal case arises and hence you have no danger of persecution from this man.

3.The incident is not so serious either and I find no reason to lose sleep over this.

4. it looks like a genuine wrong number and in future never ring back such wrong number calls.

Devajyoti Barman
Advocate, Kolkata
23279 Answers
516 Consultations

First of all your worries are unnecessary for the following reasons:

This was an incident that took place on both the sides, and you both exchanged your utterances and have hung the phone.

Neither you nor he initiated any legal action it immediately.

You have reportedly deleted his number similarly due to the same fear he too should have deleted your number.

If at all he was aggrieved he should have contacted the law enforcing authorities immediately at least in a day or two after the incidence, whereas so far there is no symptom of it, hence the issue is forgotten at least from his side.

in my opinion it would be better if you forget and ignore this episode once for all.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Yes, you can inform the local police in writing.

Devajyoti Barman
Advocate, Kolkata
23279 Answers
516 Consultations

1) no need to write to police station to document the entire incident

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

The police will laugh at you and may even warn you to not to indulge in such gimmicks.

Nobody will entertain your statement.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

You are welcome for your appreciation. Please, for your own sake forget the whole episode

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

sure..it's okay

Debayan Sen
Advocate, Kolkata
8 Answers

thanks fgor your appreciation . best of luck

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

Please be aware that if the opposite person was aggrieved by your deed or act or felt hurt or insulted by your words or utterances, he should have taken roper legal action at once as a reflex action immediately when the incidence is reported to have taken place.

If, even presumed to have been initiated now, he is making a complaint at this stage , the police will not entertain any such complaint at this stage especially when there is no evidence to prove this and also for the unconvincing and inordinate delay in making such complaint.

Also how on the earth do you think that he will collect your address to make a complaint and do you think that the police from a distant place would rush up to your house to take you on custody on such flimsy and petty cases or charges.

As mentioned earlier that your fears are actually unnecessary, please dont be perturbed thinking about a thing which is not existing..

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Phone call recording cannot be taken up a admissible evidence in law.

There wont be any reason to suspect the caller for his murder if the call conversation was with regard to wrongly numbered call alone.

In any case i cannot happen after one year and also what is the reason that the police will come to know the address of the wrong caller that they will suspect you for the murder of the other person after one year.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

I suggest you to book an appointment for consultation. It will be good as I'll be able to give you a more appropriate answer to your apprehensions after evaluating the scenario.

Debayan Sen
Advocate, Kolkata
8 Answers

section 506 of IPC deals with punishment for criminal intimidation

506. Punishment for criminal intimidation

Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

If threat be to cause death or grievous hurt, etc- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 152[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or With fine, or with both.

2) caller disturbed you at midnight nad hurled abuses at you . in counter you retaliated . no ofence of criminal intimidation is made out

3) police will issue you notice under section 41 A of cr pc in case any complaint is filed against you .

4)deny allergations made by the complainant

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

1) you have not been in touch with complainant for a year or so

2) if complinant gets murdered need;le of suspicion may not fall upon you

3) you just talked to the victim more than a year back . never met him

4) police would carry out investigations and catch the culprit

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

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