If you are stuck in such a situation, here is what to do.
Ms. Kavya, a professional working in the city of Chandpur, found herself in a distressing situation. An old acquaintance, Mr. Alok, managed to obtain her phone number and began sending her messages on a popular messaging app. When Ms. Kavya did not recognise him and blocked his number, he escalated his attempts by making phone calls. She blocked these calls as well. Soon after, he started sending emails to her personal account, expressing his romantic interest. Ms. Kavya, having no desire to engage with him, blocked his email address too.
Despite her clear lack of interest and repeated blocking, the harassment continued for over a year. Call attempts from his blocked number would still appear in her phone’s log. The situation took a more alarming turn when she became professionally active on a networking website, and Mr. Alok found her there and sent a message. This was particularly concerning because it indicated he now knew her place of employment. Armed with only screenshots of the persistent call logs, Ms. Kavya was unsure of the legal steps she could take to make the unwanted contact stop permanently.
Advice in such cases
Do Not Engage: Any response, whether positive or negative, can be misinterpreted as encouragement. It is crucial to maintain a strict no-contact policy. Do not reply to messages, answer calls, or acknowledge the person in any way.
Document Everything: Keep a detailed record of every instance of unwanted contact. Take screenshots of messages, emails, call logs, and social media interactions. Note down the date, time, and platform of each attempt. Even if you have deleted the content, logs from caller ID apps can be useful.
Block and Report: Continue to block the individual on all platforms – phone, email, social media, and professional networking sites. Use the platform’s reporting feature to flag the profile for harassment.
Inform Someone You Trust: Let a trusted friend, family member, or colleague know about the situation. It is important that someone else is aware of the harassment for your own safety and as a potential witness if needed.
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
Under the new Indian penal laws, such acts are covered by specific provisions designed to protect individuals from harassment and stalking. The primary law is the Bharatiya Nyaya Sanhita (BNS), 2023.
Section 77 of the BNS (Stalking): This is the most relevant section. It defines stalking as any man who follows a woman or contacts, or attempts to contact a woman to foster personal interaction repeatedly, despite a clear indication of disinterest by such woman. Monitoring the use by a woman of the internet, email or any other form of electronic communication also constitutes stalking. A first-time offence is punishable with imprisonment for up to three years and a fine, while a subsequent conviction can lead to imprisonment for up to five years and a fine.
Section 85 of the BNS (Criminal Intimidation): If the messages contain any threats to cause harm to your person, reputation, or property, it may amount to criminal intimidation. This offence is punishable with imprisonment for up to two years, a fine, or both.
If you are the complainant
When you decide to take legal action, you become the complainant. Here is the path forward:
Organize Your Evidence: Compile all the screenshots, call logs, emails, and any other digital records into a chronological file. This will form the basis of your complaint.
Draft a Written Complaint: Prepare a detailed written complaint addressed to the police. Clearly state the sequence of events, the identity of the harasser (if known), and the distress caused. Attach printouts of your evidence.
File a Complaint: You can file a complaint at your local police station or through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in). Under the law, you can also file a “Zero FIR” at any police station, regardless of jurisdiction, which will later be transferred to the appropriate station.
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
As the victim of such harassment, your immediate actions are crucial for building a strong case and ensuring your safety.
Preserve, Don’t Delete: Your first instinct might be to delete harassing messages to clear them from your sight. Resist this urge. These messages are vital evidence. Preserve everything.
Secure Digital Footprints: Take screenshots and, if possible, screen recordings of the harassment. Ensure the date, time, and the sender’s profile/number are clearly visible.
Stay Silent Towards the Harasser: Do not give the harasser any ammunition by engaging in a conversation, argument, or plea. Your silence and the act of blocking are your clearest statements of disinterest.
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
Police response to stalking and online harassment has been evolving. While some officers at local police stations may not be fully sensitized to the gravity of such offences, the legal framework mandates them to act. The Cyber Crime cells in most cities are generally better equipped and trained to handle such complaints. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, there is a strong emphasis on the mandatory registration of an FIR for cognizable offences like stalking. If the police refuse to register an FIR, you have the right to send your complaint in writing to the Superintendent of Police (SP) or file a private complaint before the Magistrate under Section 156(3) of the BNSS.
FAQs people normally have
What evidence is required?
Strong evidence is key to a successful prosecution. The following are crucial:
Screenshots of all unwanted messages (from messaging apps, social media, etc.), emails, and call logs.
The mobile number(s), email ID(s), and social media profile URLs of the accused.
Any record showing that you have blocked the person and they have continued to try and make contact through other means.
If the harassment has been witnessed by others, their statements can also serve as evidence.
How long will the investigation take?
The duration of an investigation can vary significantly. It depends on factors like the quality of evidence provided, the responsiveness of technology companies in providing user data (if required), and the workload of the investigating agency. Simple cases with clear evidence may be resolved relatively quickly, while more complex ones requiring digital forensic analysis can take several months. A lawyer can help in following up with the police to ensure the investigation proceeds in a timely manner.
Advocate Sudhir Rao, Supreme Court of India