Ms. Anjali, a 19-year-old resident of the city of Vikaspuri, recently ended a difficult relationship with her ex-boyfriend, Mr. Sameer. Despite her repeated requests to cease all contact, Sameer began a relentless campaign of online harassment. He created numerous fake social media accounts to send her threatening messages, and also targeted her new partner. The harassment escalated when he threatened to spam-call her and her family if she blocked his numbers. Furthermore, he contacted Anjali’s parents, fabricating stories to turn them against her, which caused significant distress within her family. Feeling scared and isolated, Anjali found her mental health deteriorating, living in constant fear for her safety and unable to focus on her daily life. She felt trapped and desperately sought a legal solution to end the torment and regain her peace of mind.

Advice in such cases

• Preserve all evidence meticulously. Take screenshots of all messages, comments, and fake profiles. Ensure the date, time, and sender’s profile/number are clearly visible.
• Do not engage with the harasser. Replying can often escalate the situation. Block them, but only after taking screenshots of the evidence.
• Inform a trusted friend or family member about the situation. Having someone to confide in is crucial for your mental well-being.
• Secure all your social media accounts. Change your passwords, review your privacy settings, and limit the information you share publicly.
• 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

Under the new Indian legal framework, several provisions can be invoked in cases of online harassment and stalking:

• Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section specifically deals with Stalking. It criminalizes monitoring a woman’s online activity, including email or any other form of electronic communication, despite clear indications of disinterest from her.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses Criminal Intimidation. If the ex-partner’s threats cause alarm or make you fear for your safety, this section is applicable.
• Section 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to acts intended to insult the modesty of a woman. Sending abusive, sexually colored, or demeaning messages can fall under this provision.
• The Information Technology Act, 2000: Sections like 66E (Violation of privacy) and 67 (Publishing or transmitting obscene material in electronic form) can also be relevant depending on the nature of the harassment.

If you are the complainant

• Your first step is to organize all the evidence you have collected. This includes screenshots, call recordings, email printouts, and a list of all fake profiles used by the accused.
• Write a detailed complaint application addressed to the Station House Officer (SHO) of your local police station or the Cyber Crime Cell. Clearly narrate the entire sequence of events with dates and times.
• Submit the complaint along with all the evidence. The police are obligated to register a First Information Report (FIR) if the complaint discloses a cognizable offense.
• Keep a copy of your complaint and the receiving acknowledgement from the police station.
• 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. A lawyer can help you draft the complaint effectively and ensure the police take appropriate action.

If you are the victim

• Prioritize your mental and physical safety. If you feel the threats are immediate, do not hesitate to call the police emergency helpline.
• Document every single incident. Maintain a log or diary with details of each message, call, or threat.
• Do not delete any communication from the harasser, as it is crucial evidence.
• Consider seeking counseling or therapy to cope with the emotional and psychological trauma.
• 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 on obtaining a restraining order against the individual to legally prohibit them from contacting you.

How the police behave in such cases

With the rise in cybercrimes, police departments, especially the Cyber Crime Cells, are now more sensitized and equipped to handle such complaints. Upon receiving a complaint, the police will typically register an FIR under the relevant sections of the BNS and the IT Act. The investigation will involve tracing the IP addresses of the accounts used for harassment, analyzing call data records, and collecting electronic evidence. The police will then summon the accused for questioning and may proceed with an arrest if there is sufficient evidence of a serious offense. They are duty-bound to protect the identity and privacy of the victim throughout the process.

FAQs people normally have

Many individuals facing such situations have common questions about the legal process and what to expect.

What evidence is required?

Strong evidence is the backbone of a successful legal case. You should collect:

• Screenshots of all threatening or abusive messages, DMs, and comments. Ensure the sender’s username/ID, date, and time are visible.
• URLs or links to the fake profiles created by the harasser.
• Call logs and recordings of any threatening phone calls.
• Emails or any other form of electronic communication.
• Names and contact details of any witnesses who might have seen the messages or are aware of the harassment.

How long will the investigation take?

The duration of a police investigation can vary significantly. It depends on factors such as the complexity of the case, the amount of digital evidence to be analyzed, and the cooperation of social media platforms in providing user data. However, since digital footprints are often easy to trace, the police can often identify the accused relatively quickly. A lawyer can help in following up with the police to ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India