One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me when his wife was receiving repeated calls from an unknown number. The caller would simply say “Hello” and immediately disconnect. This happened multiple times daily, causing harassment and mental distress to Mrs. X. Initially, Mr. X considered blocking the number but wanted to take legal action to ensure the harassment stopped completely and the perpetrator faced consequences. The couple was concerned about their privacy and safety, suspecting this could escalate into more serious stalking behavior. They wanted to know if they could file a cyber cell complaint and whether there were legal provisions to track the caller’s location and identity.

Advice in Such Cases

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 to 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.

Document all calls immediately with screenshots, call logs, and timestamps. Report to your mobile service provider to check if the number can be traced. File a complaint with the local police cyber cell division as this constitutes harassment under cyber laws. Consider changing your number temporarily if the harassment escalates.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 351 addresses criminal intimidation, while Section 78 covers stalking behaviors. Section 308 deals with extortion through threats. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 provides procedures for investigation of cyber crimes. Additionally, the Information Technology Act’s provisions on cyber harassment apply. These sections collectively address repeated unwanted communication that causes distress or harassment to the victim.

If You Are the Complainant

• Maintain detailed records of all calls including date, time, and duration
• Take screenshots of call logs and save them securely
• File complaint with cyber cell within your jurisdiction immediately
• Submit written complaint with all evidence to local police station
• Request telecom authorities to assist in tracing the caller’s identity

If You Are the Victim

• Do not engage with the caller or respond to provocations
• Block the number immediately while preserving evidence first
• Inform family members and close contacts about the harassment
• Seek psychological support if the calls are causing mental distress
• Consider temporary number change if harassment becomes severe

How the Police Behave in Such Cases

Police typically take cyber harassment complaints seriously, especially when there’s documented evidence. They will ask for call logs, screenshots, and detailed statements. The cyber cell will coordinate with telecom providers to trace the number. Investigation may involve technical analysis of call data records. Police may initially suggest blocking the number but will proceed with formal investigation if harassment pattern is established.

FAQs People Normally Have

Can police track the caller? Yes, through call data records and telecom provider cooperation, though it may take time.

Is this considered a serious offense? Repeated unwanted calls constituting harassment are taken seriously under cyber laws.

Will blocking the number affect my case? Block after documenting evidence, as this doesn’t prevent investigation.

How long before action is taken? Initial complaint registration is immediate, but tracing and action may take several weeks.

What Evidence Is Required?

• Call logs showing repeated calls from same number
• Screenshots of incoming call notifications
• Mobile bill statements showing call records
• Written statement detailing harassment pattern
• Witness statements from family members
• Audio recordings if any threatening language was used
• Medical certificate if psychological distress is claimed

How Long Will the Investigation Take?

Initial complaint registration happens within 24 hours. Telecom data requests typically take 2-3 weeks. Number tracing and identification may require 30-45 days. If the caller is identified, further action depends on the severity and evidence strength. Complete resolution including potential arrest and charges may take 2-6 months depending on case complexity.

Advocate Sudhir Rao, Supreme Court of India