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

Ms. Priya Mehra, a talented graphic designer working at “Creative Spark Pvt. Ltd.” in the city of Navipur, found herself in a deeply distressing situation. An unknown individual began creating multiple fake Instagram profiles using her name and photographs, which were lifted from her genuine social media accounts. These fake profiles were then used to post fabricated, offensive content and send malicious messages to her friends, family, and professional contacts. The impersonator’s actions were aimed at tarnishing her reputation and causing severe emotional turmoil. Initially confused and scared, Priya soon realized the gravity of the situation as her professional and personal life began to suffer. This is a classic case of cyberstalking and identity theft, a growing menace in the digital age.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act swiftly and strategically. Panicking can lead to mistakes, while inaction allows the perpetrator to cause more damage.

• Do Not Engage: Avoid any direct communication with the fake profile or the person you suspect is behind it. Engaging can escalate the harassment and may not yield any positive results.
• Document Everything: Take screenshots of the fake profiles, including the profile name, handle/URL, and all the malicious posts or messages. Preserve this evidence carefully as it will be vital for any legal action.
• Report to the Platform: Use the built-in reporting tools on the social media platform (like Instagram) to report the fake profiles for impersonation. Encourage your friends and family to do the same to expedite the platform’s review process.
• Inform Your Circle: Proactively inform your close friends, family, and colleagues about the fake accounts. This can help mitigate the damage to your reputation and prevent them from being misled.
• 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

Indian law has specific provisions to deal with such cybercrimes, primarily under the Information Technology Act, 2000, and the new Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 66C of the Information Technology Act, 2000: This section deals with identity theft. Using someone’s electronic signature, password, or other unique identification features without their permission is a punishable offense. Creating a fake profile using someone’s name and photos falls squarely under this.
• Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section addresses defamation. If the fake account is used to publish content that harms your reputation, the perpetrator can be prosecuted under this law.
• Section 355 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section pertains to cheating by personation. When someone pretends to be another person to cause harm or gain an advantage, they commit this offense.
• Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section defines and penalizes stalking. If the act of creating fake profiles is part of a larger pattern of monitoring or contacting you to cause fear or distress, it can be considered cyberstalking.

If you are the complainant

If you are the one who has created fake accounts, you must understand the severe legal consequences of your actions. What might seem like a prank is a serious crime.

• Cease Immediately: The first and most critical step is to delete the fake profiles and stop all related activities at once. Continuing will only worsen your legal situation.
• Understand the Penalties: Convictions under the IT Act and BNS can lead to imprisonment, significant fines, or both. This will result in a permanent criminal record, affecting your future employment and travel prospects.
• 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. He can advise you on the best course of action, including the possibility of an apology or settlement with the victim, which might mitigate the charges.

If you are the victim

As a victim, you have clear legal remedies available to you. It is essential to follow the correct procedure to ensure the perpetrator is brought to justice.

• File a Cyber Crime Complaint: The most effective first step is to file a formal complaint. You can do this online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by visiting your nearest Cyber Crime police station.
• Provide All Evidence: Submit all the evidence you have collected, including screenshots, URLs of the fake profiles, and details of any known suspects. A detailed written complaint explaining the sequence of events is crucial.
• Follow Up: Stay in regular contact with the investigating officer to follow up on the progress of your case. Your persistence can make a significant difference.
• 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. An advocate can guide you through the legal process, help in drafting the complaint, and ensure that the police take appropriate action.

How the police behave in such cases

The police, especially the Cyber Crime cells, are now better equipped to handle such cases. Upon receiving a complaint, they will typically register a First Information Report (FIR). The investigation involves technical analysis to trace the perpetrator. They will issue a notice under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to the social media company to obtain the IP address, login details, and other information associated with the fake account. While the process can sometimes be slow due to the volume of cases and the complexities of obtaining data from international corporations, the police are legally mandated to investigate these cognizable offenses seriously.

FAQs people normally have

Can the culprit be traced if they are using a VPN or a public Wi-Fi?

While using a VPN or public Wi-Fi makes tracing more difficult, it is not impossible. Law enforcement agencies have advanced tools and can often trace the digital footprints back to the source, especially with cooperation from internet service providers and tech companies.

What if the police refuse to file an FIR?

If the local police are unresponsive, you can approach a senior police official, such as the Superintendent of Police. Alternatively, you can file a private complaint directly with a Magistrate under Section 221 of the BNSS, 2023, who can then order the police to investigate.

Will the social media company cooperate with the police?

Yes, large social media companies like Meta (owner of Instagram) have legal obligations to cooperate with law enforcement agencies in India. They have dedicated teams to respond to legal requests for user data as part of a criminal investigation.

What evidence is required?

To build a strong case, you must collect and preserve as much evidence as possible. Key pieces of evidence include:

• The URLs of all the fake profiles.
• Screenshots of the profile pages, showing the name, bio, and photos used.
• Screenshots of all defamatory or harassing posts and comments made from the account.
• Screenshots of any private messages sent from the fake account to you or your contacts.
• A list of witnesses (friends, family) who were contacted by the impersonator.
• Any information you have about the potential suspect, including their name, phone number, or any other identifying details.

How long will the investigation take?

The duration of an investigation can vary significantly. It depends on several factors, including the responsiveness of the social media platform in providing data, the complexity of tracing the perpetrator (e.g., if they have used sophisticated methods to hide their identity), and the workload of the investigating agency. It can range from a few weeks to several months. A lawyer’s involvement can often help in expediting the process by ensuring regular and proper follow-up with the authorities.

Advocate Sudhir Rao, Supreme Court of India