Question:
What should I do if someone threatens to sue me? Someone has threatened to file a false fraud case against me, and I am worried about arrest and my reputation, as I work in the government. Some people advised me to file a GD (General Diary) in advance. Can you explain how to handle this legally and whether the police will arrest me immediately if the case is filed?
Answer:
If someone threatens to sue you, especially with a false case, you should take the following steps:
- Stay Calm and Gather Evidence:
Collect any evidence, such as call recordings, messages, or witnesses, that can prove the threat is baseless. This will help in your defense. - File a General Diary (GD):
A GD is a preventive legal measure to notify the police about the threat. Mention all details, including the person’s identity and their threat. Filing a GD will document your concern and can provide some legal protection if a false case is filed later. - Consult a Lawyer:
Speak to a lawyer immediately for guidance. They can help you understand the specific risks and prepare a legal strategy. - Arrest Risks in False Cases:
If a case is filed, the police may investigate before arresting you. However, in criminal cases, arrests can sometimes occur early. If you fear an immediate arrest, your lawyer can help you apply for anticipatory bail to avoid detention during the investigation. - Reputation and Government Job Concerns:
As a government employee, your reputation is critical. Taking early legal action, like filing a GD and applying for bail if needed, shows you are addressing the issue proactively and responsibly. - Further Legal Steps if a Case is Filed:
If a false case is filed, you can fight it in court with evidence. Later, you may consider filing a defamation case or seeking damages against the accuser if their false claim causes harm to your reputation.