If you are stuck in such a situation, here is what to do.
Mr. Sameer Sharma, a resident of Nagpur, found himself in a state of extreme anxiety for several months, worried that he might have inadvertently committed a serious crime. For years, he occasionally visited a popular international entertainment website, “GlobalFlix,” which later became inaccessible in India. He had never encountered any disturbing material on the site before.
A few months ago, while browsing the main page of the website on his phone, he was shocked to see several highly disturbing thumbnails. In a moment of panic and disgust, he immediately scrolled away and looked away from his screen. Feeling suspicious and alarmed, he decided he should report the website. In what he now considers a questionable move, he went to the site’s search bar and typed the first few letters of a suspicious term, “susp,” just to see if the search suggestions would confirm his fears about the site hosting illegal content. He did not complete the word or submit the search, and nothing illicit appeared in the suggestions. His sole intention was to gather more reason to report the site.
Immediately after this, he reported the website to the National Cyber Crime Reporting Portal, detailing how he had stumbled upon the disturbing thumbnails. However, he is now deeply concerned that his attempt to verify his suspicion through the search bar, even with the intent to report, could be considered a criminal act under Indian law.
Advice in such cases
If you find yourself in a similar situation, it is crucial to act calmly and methodically. Your intent and subsequent actions are key factors that the law considers.
Do Not Engage Further: Once you encounter potentially illegal content, do not click, download, or share it. Close the window or application immediately.
Preserve Evidence (Safely): If possible and safe to do so without further exposure, take a screenshot of the page or note down the URL. This can be crucial for your report. However, do not save the illegal material itself on your device.
Report Immediately: Report the matter to the National Cyber Crime Reporting Portal (cybercrime.gov.in) or your local police’s cyber cell. Provide a clear and honest account of how you encountered the material.
Document Everything: Keep a record of your report, including any reference numbers, dates, and times. This documentation proves your intent was to report the crime, not to participate in it.
**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
In India, cases involving Child Sexual Abuse Material (CSAM) are primarily dealt with under the Information Technology Act, 2000, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. These are special laws that have not been replaced by the Bharatiya Nyaya Sanhita (BNS).
Section 67B of the Information Technology Act, 2000: This section criminalizes publishing or transmitting material depicting children in sexually explicit acts. It also penalizes the creation, transmission, browsing, downloading, and possession of such material.
POCSO Act, 2012: Sections 14 and 15 of the POCSO Act make it an offence to use a child for pornographic purposes and to store pornographic material involving children.
However, a cornerstone of criminal law is the concept of mens rea, or a guilty mind. The law primarily seeks to punish those who knowingly and intentionally commit a crime. Accidental exposure, especially when followed by an immediate report to the authorities, demonstrates a lack of criminal intent. The act of reporting is seen as a civic duty and is a strong indicator that you are a witness, not a perpetrator.
If you are the complainant
If you have reported such an incident and are now considered the complainant or a witness, here is what you should do:
Cooperate Fully: Be prepared to cooperate with the law enforcement agencies. Provide them with all the information you have, honestly and accurately.
Provide Your Devices if Requested: The police may request access to your electronic devices for forensic analysis to verify your claims and trace the source of the illegal content. While this can be unsettling, it is a standard part of the investigation.
Maintain Your Records: Keep all your documentation, including a copy of your complaint and any communication with the police, safe and organized.
**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 depicted in such material or is a victim of any other form of cybercrime, the steps are different and require immediate action.
Report Immediately: Contact the cybercrime portal or the police without any delay. Time is of the essence in getting such content removed and bringing the perpetrators to justice.
Seek Support: This is a traumatic experience. Reach out to trusted family members, friends, or professional counselors for emotional and psychological support.
Preserve Evidence: Do not delete any messages, emails, or links related to the crime. This evidence is vital for the investigation.
**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
When a person reports accidental exposure to illegal content, the police are generally trained to differentiate between a witness/complainant and a suspect. Their primary focus will be on the source of the content—the website, the uploader, and the distributors. They will likely take a detailed statement from you to understand the sequence of events. They will assess your intent based on your actions, particularly the act of reporting. While they might examine your devices to rule out your involvement, if your story is consistent and you have reported the matter promptly, they will likely treat you as a responsible citizen who has reported a crime.
FAQs people normally have
Q: Did I commit a crime by briefly seeing the thumbnails and then trying to search for a related term to confirm my suspicion before reporting?
A: Committing a crime under Section 67B of the IT Act requires intent (mens rea). Accidental viewing is not a crime. Your subsequent action of reporting it to the authorities is a strong defense that shows your intent was not criminal. The partial search, while ill-advised, can be explained as an attempt to confirm the illegality before reporting, which again points away from criminal intent. A lawyer can help articulate this effectively.
Q: Will the police seize my phone and laptop?
A: It is possible. To conduct a thorough investigation and verify that you are not a suspect, the police might need to perform a forensic analysis of your devices. This is a standard procedure. Cooperating with them is the best course of action.
Q: Could I be falsely implicated in this case?
A: While the legal system can be complex, the chances of being falsely implicated are low if you have acted responsibly. Your immediate reporting of the crime is the strongest piece of evidence in your favor. Having a lawyer guide you through the process provides an essential layer of protection.
What evidence is required?
If you are the complainant, you should have the following ready:
The URL or name of the website/application where you saw the content.
A screenshot of the webpage (if taken safely) or a detailed description of what you saw.
The date and approximate time of the incident.
A copy or reference number of the complaint you filed on the cyber crime portal.
A clear, chronological account of the events.
How long will the investigation take?
Cybercrime investigations, especially those involving international websites and servers, are complex and can be lengthy. Tracing the origin of the content and identifying the perpetrators can take several months or even years. There is no fixed timeline, and it depends on various factors, including international cooperation and the technical complexity of the case. It is important to be patient and continue cooperating with the authorities as required.
Advocate Sudhir Rao, Supreme Court of India