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

Mr. Sameer, a resident of the city of Anandgarh, was using a popular messaging application called “VartaLink” when he was added to a group. He was horrified to discover that the group was being used for the circulation of Child Sexual Abuse Material (CSAM). As a responsible citizen, Mr. Sameer immediately wanted to report this heinous crime to the police. However, he found himself confused and concerned about the reporting process. He was worried that if he filed a formal complaint, he might receive calls or have officials visit his home, potentially compromising his privacy. He was also unsure about the information required on the cybercrime portal, specifically whether he needed to submit his own identification documents or somehow procure the personal details of the unknown criminals operating the group.

Advice in such cases

Discovering such illegal and disturbing content can be distressing. It is crucial to act responsibly and cautiously to ensure the perpetrators are brought to justice while protecting your own privacy.

• Do not engage with the members of the group or share the content with anyone except the authorities.
• Preserve as much evidence as you can without putting yourself at risk. This includes group names, user IDs, and specific messages.
• Utilize the Government of India’s official National Cyber Crime Reporting Portal (www.cybercrime.gov.in) to file a complaint. The portal has specific provisions for reporting such content.
• 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 creation, distribution, and possession of such material are serious offenses under Indian law. The primary statutes that apply are:

• The Information Technology Act, 2000: Section 67B of the IT Act specifically criminalizes publishing or transmitting material depicting children in sexually explicit acts in electronic form.
• The Protection of Children from Sexual Offences (POSCO) Act, 2012: This special law has stringent provisions against child pornography, making its production, storage, and distribution punishable with imprisonment and fines.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): The new penal code also contains provisions related to obscenity and crimes against children which can be invoked depending on the specifics of the case.

If you are the complainant

As a person reporting the crime, you are a crucial witness and your actions can help law enforcement agencies. Here is how you should proceed:

• Gather all possible digital evidence, such as URLs, screenshots of the group info and offending content, and the usernames of the administrators or active members.
• Visit the National Cyber Crime Reporting Portal. It provides a dedicated option to “Report Anonymously” for content related to child/women abuse, which you can use if you are concerned about your privacy.
• If you choose to register a formal complaint, provide clear and concise details of the crime you have witnessed.
• 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

If you or someone you know is a victim whose images or videos are being circulated, it is a traumatic situation that requires immediate and sensitive handling.

• The first and most critical step is to report the matter to the police or through the cybercrime portal immediately. Your safety is the priority.
• Do not communicate or negotiate with the perpetrators. Preserve any threats or messages you receive as evidence.
• Reach out to a trusted adult, guardian, or counsellor for support during this difficult time.
• 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

Law enforcement, particularly specialized Cyber Crime Cells, treats cases involving CSAM with the highest priority and sensitivity. They are trained to handle such matters discreetly. They understand the complainant’s potential fear and apprehension. Their primary focus will be on the technical aspects of the investigation, such as tracing IP addresses, analysing digital footprints, and identifying the source of the illegal content. If you file a complaint with your identity, they will maintain confidentiality as mandated by law.

FAQs people normally have

It is natural to have questions and concerns when dealing with such a serious issue. Here are some common queries:

• Will I get calls or postal mail at my home?
  No, the police will not send postal mail for such matters. If you have filed a complaint by registering yourself (not anonymously), they may call you on the provided number for clarifications if required. However, they are generally discreet. If you report anonymously, they will have no way of contacting you.
• Do I have to submit my Aadhaar card or the suspect’s?
  You do not need to provide the Aadhaar card or any personal identification of the suspects. You are reporting the online activity, not a known person. If you choose to file a registered complaint, you will need to provide your own details for verification, but this is kept confidential. For anonymous reporting, no personal information is required.
• What if I don’t have the suspect’s details?
  That is perfectly fine and expected. The job of the police is to investigate and find the suspects based on the digital evidence you provide, such as usernames, group links, and other electronic data.

What evidence is required?

The strength of a cybercrime case depends heavily on the quality of digital evidence. You should try to collect:

• The URL or link to the group, profile, or website.
• Screenshots of the group name, its members list, and the illegal content being shared. Be cautious while taking these.
• The usernames, user IDs, or profile links of the group administrators and key perpetrators.
• Any relevant chat logs, if available.
• The date and time when you observed the activity.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. Factors influencing the timeline include the complexity of the case, the responsiveness of the online platform (like VartaLink), whether the perpetrators used tools like VPNs to hide their location, and if the investigation requires coordination with international law enforcement agencies because servers are located outside India. While some cases can see progress in weeks, others may take several months or longer.

Advocate Sudhir Rao, Supreme Court of India