Can Police Track You After Deleting Your Social Media Account for an Offensive Post?

—

by

Adv Sudhir Rao
in
Can Police Track You After Deleting Your Social Media Account for an Offensive Post?

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

A young man, Mr. Kumar, who is passionate about social issues, recently created a satirical image targeting a prominent local leader, Mr. Singh, from the city of Alipur. He shared this image on a popular online forum. Soon after, an associate of Mr. Singh contacted Mr. Kumar, warning him of severe legal consequences, including a police case. Fearing the repercussions due to Mr. Singh’s influence, Mr. Kumar immediately deleted the post and his entire account from the platform. He is now worried and questioning whether the police can trace his identity through his IP address, even though the account no longer exists.

Advice in such cases

The primary question here is whether deleting a social media account erases the digital trail completely. The short answer is no. Social media companies and internet service providers (ISPs) maintain logs and data for a specific period as required by law, even after an account is deleted. The police, through proper legal channels, can access this information.

Applicable Sections of Law

Depending on the nature of the “offensive” content, several laws can be invoked. It’s crucial to understand these provisions under the new legal framework:

  • Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Defamation): If the post harms the reputation of a person with the intent to do so, it can be considered criminal defamation. This is a serious charge that can lead to legal proceedings.
  • Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Criminal Intimidation): If the post was intended to cause alarm or threaten someone with injury to their reputation, this section could apply.
  • The Information Technology Act, 2000: Sections like 67 (publishing or transmitting obscene material in electronic form) could be used if the content is deemed obscene by the court.

If you are the complainant

If you are in Mr. Kumar’s position (the one who posted and then received threats), your course of action should be strategic and immediate.

  • Do Not Panic: Acting out of fear, like deleting the account, is an understandable but often counterproductive step. It can be seen as an admission of guilt.
  • Preserve Evidence: Take screenshots of your post and any threatening messages or calls you have received. Note down the time, date, and the profile/number from which the threat was made.
  • File a Complaint: You can file a complaint with the local Cyber Crime police station against the person who threatened you. Criminal intimidation is a punishable offense.
  • 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 resolve in 7-10 days.
Can Police Track You After Deleting Your Social Media Account for an Offensive Post?

If you are the victim

If you are on the side of Mr. Singh (the person who was the subject of the post), the following steps are typically taken:

  • Collect Evidence: The first step is to take clear screenshots or screen recordings of the defamatory post, the profile of the user who posted it, and the URL.
  • File a Police Complaint: A formal complaint should be filed with the Cyber Crime division, detailing the incident and providing the collected evidence. The complaint would be lodged under relevant sections of the BNS and IT Act.
  • Police Investigation: The police will then initiate an investigation and formally request the user’s data from the social media platform.

How the police behave in such cases

The police have a well-defined procedure for such cybercrime investigations.

  • Upon receiving a complaint, the police will register a First Information Report (FIR) or a preliminary inquiry.
  • They will issue a formal notice, often under Section 41A of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to the social media intermediary (e.g., Meta, X, Reddit).
  • Social media companies are legally obligated to cooperate with law enforcement and provide user data. This data includes the IP address used to create the account and make the post, the registered email address and phone number, and login/logout times.
  • Once the IP address is obtained, the police contact the corresponding Internet Service Provider (ISP) (e.g., Jio, Airtel).
  • The ISP maps the IP address to the specific user to whom it was assigned at that particular time and provides the user’s registered name and address to the police.
  • Therefore, even if an account is deleted, the data on the company’s servers can be retrieved and used to trace the individual.

FAQs people normally have

Can Police Track You After Deleting Your Social Media Account for an Offensive Post?

What evidence is required?

The most crucial pieces of evidence include:

  • A clear screenshot or video of the offensive post.
  • The web link (URL) of the post and the user’s profile.
  • Details of any threats received.
  • Information provided by the social media platform and ISP to the police during the investigation.

How long will the investigation take?

The duration of the investigation can vary significantly. It can take anywhere from a few weeks to several months. The timeline depends on several factors, including the responsiveness of the social media company (which may be based overseas), the efficiency of the Cyber Crime unit, and whether the perpetrator used tools like VPNs to hide their IP address, which adds another layer of complexity to the investigation.

Advocate Sudhir Rao, Supreme Court of India

Rate this post