If you are stuck in such a situation, here is what to do.

My partner and I are seeking practical advice on how to handle an escalating situation of harassment. This has been ongoing for several months in Jaipur, and while we involved the police once, the problem has resurfaced in a new and disturbing way.

Several months ago, an individual began harassing my partner, Priya, online. They took her photos and used them as a profile picture on a “SocialSphere” account, then started messaging everyone on her followers list. The messages were defamatory, falsely labelling her as a sex worker, quoting fabricated rates, and sharing her personal phone number. This resulted in a barrage of distressing calls and messages from strangers.

We filed a complaint with our local police. They conducted an investigation and were able to identify a potential suspect and the general area he might be from. However, they stated that without more conclusive evidence, their ability to proceed was limited. Following the police intervention, the harassment ceased for a few months, and we hoped the ordeal was over.

Unfortunately, a few weeks ago, the harassment started again, but with a different tactic. Someone used the delivery service “QuickCart” to order and send unsolicited and embarrassing items to her home address. We contacted QuickCart’s customer support to get the sender’s details, but they refused, citing privacy policies, and directed us to their email support, which provided no meaningful assistance.

More recently, it happened again. This time, multiple packets of condoms were ordered via another service, “InstaDeliver,” and sent to her home. Priya received a call from the delivery person and, upon inquiring about the contents, realized it was another malicious order. She instructed the delivery person to cancel the order and leave, so we do not have an order ID or any tracking information. We immediately contacted InstaDeliver support, only to receive the same response: email our team, but we cannot share sender information over the phone.

This is clearly targeted harassment, likely from the same individual. It is a gross invasion of her privacy, causing significant emotional distress and making us feel unsafe in our own home. We are determined not to let this go and need to understand our legal options to stop this person.

Advice in such cases

Facing such a situation can be overwhelming. Here are some immediate steps you should consider taking:

• Document Everything: Keep a detailed record of every incident. Take screenshots of harassing messages, profiles, call logs, and any delivery notifications or communications with the companies involved. Note down the dates and times of all events.
• Report to Platforms: Continue to report the harassment to the social media and delivery platforms. Even if their initial response is unhelpful, it creates a formal record of your attempts to resolve the issue, which can be used as evidence later.
• File a Police Complaint: Go back to the police station or the Cyber Crime Cell with the new evidence. The pattern of continued harassment, even after a previous warning, strengthens your case. File a new FIR or a supplementary complaint linked to your original one.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The acts described constitute several offences under Indian law. The police can investigate and charge the perpetrator under the following sections:

• Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with stalking. The act of monitoring a person’s online activity, repeatedly attempting to contact them to foster personal interaction despite clear disinterest, or any other act of harassment via the internet falls under this offence.
• Section 351 of the BNS: This section pertains to criminal intimidation. Sending defamatory messages and causing unwanted items to be delivered to someone’s home with the intent to harm their reputation or cause alarm is a form of criminal intimidation.
• Section 356 of the BNS: This covers the offence of defamation. Publishing false and malicious content about a person with the intent to harm their reputation is punishable under this section.
• Sections 66E and 67 of the Information Technology Act, 2000: Section 66E addresses the violation of privacy by capturing or publishing images of a person’s private areas without consent. Section 67 deals with publishing or transmitting obscene or sexually explicit material in electronic form.

If you are the complainant

As the person filing the complaint, your role is crucial in ensuring the case moves forward effectively.

• Organize Your Evidence: Neatly compile all screenshots, call records, order details, and communications with companies. Present this evidence clearly to the police.
• Draft a Strong Complaint: Write a detailed complaint that outlines the entire sequence of events, from the initial online harassment to the recent unwanted deliveries. Mention the emotional and psychological impact this has had on the victim.
• Be Persistent with the Police: Follow up regularly on the status of your complaint. A lawyer can assist in drafting formal communications with the police to ensure they take the matter seriously.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Your safety and well-being are the top priority. Here are steps to protect yourself:

• Secure Your Digital Presence: Make all your social media profiles private. Review your followers and remove anyone you don’t know or trust. Enable two-factor authentication on all your accounts.
• Do Not Engage: It is critical that you do not respond to the harasser or any unknown numbers that contact you. Engaging with them can often escalate the situation. Block and report them immediately.
• Inform Your Support System: Do not go through this alone. Confide in trusted friends and family who can provide emotional support and help you manage the situation.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The response from the police can vary. Some Cyber Crime cells and police stations are well-equipped and proactive in handling such cases. However, others may be slow to act or may downplay the severity of online harassment. If you find the local police unresponsive, you have the right to escalate the matter to a senior officer, such as the Deputy Commissioner of Police (DCP) or the Superintendent of Police (SP). An advocate can also help file a private complaint before a Magistrate under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), compelling the police to register an FIR and investigate.

FAQs people normally have

Here are answers to some common questions in such situations:

• Can the police force delivery companies to share sender details?
  Yes. The police have the authority to issue a formal notice under Section 91 of the BNSS to any company or individual, directing them to produce documents or other things necessary for the investigation. Delivery platforms like QuickCart and InstaDeliver are legally obligated to comply with such a notice and provide the sender’s data, including name, phone number, IP address, and payment details.
• What if the harasser used a fake number or a VPN?
  While this makes the investigation more complex, it does not make it impossible. Cyber forensic experts can trace the digital footprints left by the perpetrator. They can analyze IP logs, device information, and payment gateways to identify the person behind the fake accounts.
• Should the victim change her phone number?
  Changing a phone number can provide immediate relief from unwanted calls and messages. However, it is a temporary solution that doesn’t address the root cause. The harasser may find the new number or switch to other forms of harassment. The decision is personal, but pursuing legal action is the only way to achieve a permanent resolution and hold the perpetrator accountable.

What evidence is required?

Strong evidence is the backbone of a successful prosecution. You should collect and preserve:

• Screenshots of the harassing social media profiles, posts, and messages.
• Call logs showing the numbers and times of harassing calls.
• Any delivery notifications, emails, or messages from the delivery companies.
• Details of the refused orders, including the name of the delivery service and the date/time of the attempted delivery.
• A copy of your written communications with the companies’ support teams.
• A copy of your previous and current police complaints.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. In straightforward cases where the perpetrator has made mistakes, it might take a few weeks. However, if the case involves tracing IP addresses across multiple jurisdictions or requires data from uncooperative international companies, it can take several months. Patience and persistent follow-up with the investigating authorities are key.

Advocate Sudhir Rao, Supreme Court of India