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 in an urgent situation involving cybercrime. He had been receiving threatening messages on social media, and someone had created fake profiles using his photographs and personal information. The perpetrator, Mr. Y, was allegedly demanding money and threatening to share morphed intimate images. Mr. X’s reputation was at stake as the fake profiles were being used to send inappropriate messages to his professional contacts. The situation escalated when Mr. Y started posting defamatory content about Mr. X’s business, XYZ Pvt Ltd, causing significant damage to his professional relationships and mental peace.

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.

Preserve all digital evidence immediately including screenshots, messages, and URLs. Report the incident to cybercrime police portal within 24 hours. Block and report the perpetrator on all social media platforms. Change all your passwords and enable two-factor authentication on all accounts.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 351 deals with criminal intimidation, while Section 356 covers defamation. Section 318 addresses cheating and dishonest inducement. The Information Technology Act, 2000 under Section 66A (though struck down, similar provisions exist) and Section 67 deal with publishing obscene material. Under BNSS (Bharatiya Nagarik Suraksha Sanhita), Section 173 provides for investigation procedures, and Section 154 deals with FIR registration for such cybercrimes.

If You Are the Complainant

• File a complaint with the local cybercrime cell immediately with all evidence
• Register an FIR under relevant sections of BNS and IT Act
• Submit a detailed written complaint with timeline of events
• Provide all digital evidence including screenshots and communication records
• Maintain a record of all interactions with investigating officers

If You Are the Victim

• Document all evidence before the perpetrator deletes content
• Report fake profiles to social media platforms for immediate removal
• Inform your family, friends, and colleagues about the fake profiles
• Seek counseling support as cybercrime can cause significant mental trauma
• Consider filing a civil suit for damages alongside criminal proceedings

How the Police Behave in Such Cases

Police generally take cybercrime cases seriously, especially when proper evidence is provided. The cybercrime cell has specialized officers trained to handle digital evidence. They typically register the FIR promptly and coordinate with social media platforms for evidence preservation. However, investigation may take time due to technical complexities and inter-state jurisdictional issues. Police may require technical assistance for digital forensics.

FAQs People Normally Have

Can I file a case if the perpetrator is in another state? Yes, cybercrime has no geographical boundaries. You can file where you reside or where the crime occurred.

How long does investigation take? Typically 3-6 months depending on complexity and cooperation from platforms.

Will the content be removed immediately? Social media platforms usually act within 24-48 hours upon receiving legal complaints.

Can I get compensation? Yes, through civil proceedings you can claim damages for defamation and mental harassment.

What Evidence Is Required?

• Screenshots of threatening messages and fake profiles
• URLs and timestamps of all illegal content
• Communication records including emails and phone logs
• Witness statements from people who received fake messages
• Bank statements if financial fraud is involved
• Technical evidence like IP addresses and digital footprints
• Medical records if psychological trauma is claimed

How Long Will the Investigation Take?

Cybercrime investigations typically take 3-6 months for completion. The timeline depends on technical analysis, cooperation from service providers, and complexity of the case. Digital forensics and inter-platform coordination may extend the duration. Urgent interim relief like content removal can be obtained within days through proper legal channels.

Advocate Sudhir Rao, Supreme Court of India